TexasCHLforum.com

JP171 wrote:However several states disallow already what you and other people are doing or did, Arizona is one if I remember correctly I think Florida is too, they do not allow a non resident license if you live in that state as a permanent resident( Charles explanation aside) if you are a permanent resident of the state you must have a license issued by the state, so why should we be different in that respect? again I dislike having to be licensed but since we are and the law only says if we live here we must be licensed here, why is that such a burden? is it so wrong to have to be licensed in your home state?

IIRC, AZ does not require a concealed carry permit at all. If you can legally buy a firearm -- that is, get through NICS and the FBI -- you can carry it. Open or concealed.

stash wrote:I did not know that you had to take a test when you move to Texas and turn in your out of state DL for a Texas DL.

You don't. At least I didn't have to when I moved back 10 years ago.

Getting to the main point, though. According to Sen. Hinojosa's statement of intent filed with the bill, it is to ensure that non-Texas licensees demonstrate adequate firearms competency and training, since some states do not have the same requirements as Texas. That's fine as far as it goes, but the effect of the bill would be to invalidate any out-of-state license upon establishing domicile in Texas. Setting aside the question of what it means to establish "domicile," that means starting over from scratch. If Sen. Hinojosa's statement of intent is sincere, starting over from scratch is an unintended consequence of the bill and would strip otherwise lawful permit holders from carrying for months. I wrote my state senator with a proposed amendment to permit out-of-state licensees a period of time during which they could continue to carry on their out-of-state permits while they took the Texas course. Once the course was successfully completed, the out-of-state licensee would take the certificate of successful completion with the valid out-of-state permit to DPS and turn them in for a Texas CHL. I think this is a fair and reasonable compromise.

I think it would be one thing if a non-resident permit holder had a period of time after establishing domicile in Texas to take the course so that they are familiar with Texas law. But this bill makes a non-resident permit holder start over again. I suggested a compromise to my state senator: 90 days to take the course, then turn in the out-of-state license and proof of passing the course in exchange for a new Texas CHL. That would make it closer to the driver's license scenario.

texanjoker wrote:They do require you to get a TX driver's license and register your cars in TX after you move here so that would be in line with that. They want the revenue.

The driver's license/car registration analogy fails for two reasons:

First, unlike cars and trucks, last I checked no one has ever required me to register my firearms. I don't pay a tax on them and I don't have to annually renew my registration to possess them. I don't have to display my gun registration when I go to the range.

Second, when one moves to Texas, all one has to do it take the valid out-of-state license to DPS and get a Texas license. The license is not invalid when you cross over from Oklahoma. You don't have to get fingerprinted, undergo a criminal background check, or take a class. That's because all states pretty much use the same criteria in issuing driver's licenses, and Texas trusts them to follow essentially the same criteria that are used here.

Similarly, every state uses essentially the same criteria for granting or denying a CHL: They all check NCIS and the FBI for felony convictions, restraining orders and so on. They all ask the same questions about psychiatric background, drug use and the like. They all require some kind of training, although in some states if you are a veteran you can provide a DD-214 showing an honorable discharge and get out of training.

If the Legislature wants to invalidate an otherwise valid out-of-state CHL, it should allow those who have one go to DPS and turn it in for a Texas license, just like a driver's license.

Those of you who carry in Texas with another state's license may want to keep an eye on SB 481, which would prohibit the use of a non-Texas CHL permit under a reciprocity agreement. The bill, authored by Juan "Chuy" Hinojosa (D-McAllen), was favorably reported out of the Senate Criminal Justice Committee April 10. The bill amends Gov't Code 411.173 to provide that "a person's license to carry a concealed handgun issued by another state, notwithstanding Subsection (b) (relating to an agreement with any other state that provides for the issuance of a license to carry a handgun), is prohibited from being recognized and is not valid in this state if the person has established a domicile in this state."