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Action Type NSA
Posted: Sun Nov 10, 2013 2:41 pm
by txtaxman
We know that HB 3142 became effective on 6/14/2013. Until I attended the CHL Instructor Recertification Class on 11/6/2013, I was under the impression that there is no longer a distinction. However Sherrie and Sgt Bamsch made the point that HB 3142 only applies to New Licenses and Renewals after 6/13/2013, and reminded us that CHL Instructors should not interpret the law.
The new Form CHL-70 no longer lists the option to modify the action type. What if a person has a CHL with the NSA Action Type and now wants to carry a SA Action Type?
I have submitted the question to RSD, but have not gotten an answer so far.
Has any one received a ruling on this yet? Perhaps someone in the next CHL Instructor Recertification Class can ask for clarification.
Re: Action Type NSA
Posted: Sun Nov 10, 2013 4:47 pm
by Charles L. Cotton
During the Instructor renewal class in Houston, we were also told that HB3142 applies only to applications submitted after 9/1/13. While this is technically true, the Bill also repealed all references to handgun categories as they relate to suspending a CHL (Gov't. Code §411.187(a)(3)) and the criminal offense of violating Tex. Penal Code §46.02 (see TPC §46.15(b)(6)).
Therefore, as of Sept. 1, 2013, DPS has no authority to suspend anyone carrying a semi-auto with an NSA license, nor is there any criminal offense for doing so.
Chas.
HB3142
Re: Action Type NSA
Posted: Sun Nov 10, 2013 5:48 pm
by MoJo
Charles L. Cotton wrote:
Therefore, as of Sept. 1, 2013, DPS has no authority to
suspect anyone carrying a semi-auto with an NSA license, nor is there any criminal offense for doing so.
Chas.
HB3142
Uh, Charles, don't you mean "suspend" you don't need no stinkin' authority to "suspect"
Re: Action Type NSA
Posted: Sun Nov 10, 2013 6:26 pm
by Charles L. Cotton
MoJo wrote:Charles L. Cotton wrote:
Therefore, as of Sept. 1, 2013, DPS has no authority to
suspect anyone carrying a semi-auto with an NSA license, nor is there any criminal offense for doing so.
Chas.
HB3142
Uh, Charles, don't you mean "suspend" you don't need no stinkin' authority to "suspect"
Dictation software is great, until it's not.
Thanks,
Chas.
Re: Action Type NSA
Posted: Tue Nov 12, 2013 8:01 am
by wgoforth
I find this annoying as I specifically asked the DPS in August if those who have license marked NSA can now carry SA, and was told yes. Since then, I have had numerous individuals carrying revolvers to call and ask me if this were the case, and I told them the DPS said "yes"...plus I have been in a few radio and newspaper interviews about the new gun laws and stated one could. After seeing this thread, I called an attorney at [Pre-paid legal service] who advised the same as Mr Cotton... that there would be no law they would violate in so doing, as all mentioning of categories has been removed. When I told the attorney the DPS is telling renewal instructors otherwise, he was shocked and said he was going to give them a call and see what was up with that. I suppose I should not be surprised since they told me repeatedly there would no longer be the 12 mo grace period (which I also said on radio and newspaper) only to be changed to the grace period remaining.
Re: Action Type NSA
Posted: Tue Nov 12, 2013 6:58 pm
by Charles L. Cotton
This really is a minor issue in terms of numbers. Out of 750,000+ CHLs in Texas, approximately 3,000 hold NSA licenses. This information was given to us during the Houston instructor renewal class.
Chas.
Re: Action Type NSA
Posted: Tue Nov 12, 2013 7:58 pm
by mojo84
Charles L. Cotton wrote:This really is a minor issue in terms of numbers. Out of 750,000+ CHLs in Texas, approximately hold NSA licenses. This information was given to us during the Houston instructor renewal class.
Chas.
How many?
Re: Action Type NSA
Posted: Tue Nov 12, 2013 8:00 pm
by G0C
Looks like none.
Re: Action Type NSA
Posted: Tue Nov 12, 2013 8:21 pm
by sjfcontrol
G0C wrote:Looks like none.
I think Charles is compiling Obamacare enrollment statistics, too!
Re: Action Type NSA
Posted: Tue Nov 12, 2013 8:29 pm
by Charles L. Cotton
mojo84 wrote:Charles L. Cotton wrote:This really is a minor issue in terms of numbers. Out of 750,000+ CHLs in Texas, approximately hold NSA licenses. This information was given to us during the Houston instructor renewal class.
Chas.
How many?
3,000. I'm going to have to go back to typing. At least the typos would be from my fingers.
Chas.
Re: Action Type NSA
Posted: Tue Nov 12, 2013 8:45 pm
by mojo84
Didn't think there would be many. Sure enough, I was right.
Re: Action Type NSA
Posted: Tue Nov 12, 2013 9:21 pm
by wgoforth
Charles L. Cotton wrote:This really is a minor issue in terms of numbers. Out of 750,000+ CHLs in Texas, approximately 3,000 hold NSA licenses. This information was given to us during the Houston instructor renewal class.
Chas.
I don't doubt it, however in my area, people seem to love revolvers for whatever reason. I get numerous of them every class.
Re: Action Type NSA
Posted: Tue Nov 12, 2013 9:23 pm
by 6 Point Star
But if you happen to be one of them does it really mater how small the percentage is. I have had questions and apparently have been telling them wrong also.
Jerry
Re: Action Type NSA
Posted: Tue Nov 12, 2013 9:27 pm
by wgoforth
6 Point Star wrote:But if you happen to be one of them does it really mater how small the percentage is. I have had questions and apparently have been telling them wrong also.
Jerry
Well, if I understand correctly in todays renewal class, they indicated they were not saying we were wrong or that we cannot, but that the new law is vague enough that we could get in trouble by some unknowledgeable LEO's if they wanted to make an issue of it.
Re: Action Type NSA
Posted: Tue Nov 12, 2013 9:57 pm
by apostate
6 Point Star wrote:But if you happen to be one of them does it really mater how small the percentage is.
If you happen to be one of them, you made the choice not to qualify for the SA license. If today you still fall under the same restrictions as when you made your choice, I don't see much cause for complaint.