Failed to immediately show CHL

[Liberty]

Got a police report? What happened to your handgun? Under the motorist act. You need no license to keep you handgun loaded in your car. Now, since you have a CHL you are required to hand over both and inform the location of your handgun.

There was an "attempted" law that was not voted on this year, especially for your case. Say, you have no CHDL Id or left said ID at home and forget to remove you handgun from your vehicles. Under CHL laws you are screwed as no you failed to show ID when requested or where the firearm is on-you or near you in a car. Under the motorist protection act. no CHL is needed, no Show of CHL is needed. If asked anything in your car, say yeah sure, some gas and oil, anything else is of not concern to you sir, if you insist on searching my car, please get a search warrant.

Provisions were added to HB2730 that was passed that took away the penalties for not displaying the the CHL.

[texasag93]

Got a police report? What happened to your handgun? Under the motorist act. You need no license to keep you handgun loaded in your car. Now, since you have a CHL you are required to hand over both and inform the location of your handgun.

There was an "attempted" law that was not voted on this year, especially for your case. Say, you have no CHDL Id or left said ID at home and forget to remove you handgun from your vehicles. Under CHL laws you are screwed as no you failed to show ID when requested or where the firearm is on-you or near you in a car. Under the motorist protection act. no CHL is needed, no Show of CHL is needed. If asked anything in your car, say yeah sure, some gas and oil, anything else is of not concern to you sir, if you insist on searching my car, please get a search warrant.

Provisions were added to HB2730 that was passed that took away the penalties for not displaying the the CHL.

So when does it go into effect, Sept 1?

Under this provision, we still have to notify, but if we do not, there are no penalties?

[Beiruty]

where is the relevant text of the HB provisions for the CHL penal code?

[Liberty]

So when does it go into effect, Sept 1?

Under this provision, we still have to notify, but if we do not, there are no penalties?

A lot of things were tacked onto this bill which I suspect is huge, I will look around and see if I can find it.

[bdickens]

You definitely need to at least file a formal complaint against that thief who stole your gun, if not sue the living crud out of him, the department and the city. I'd get the NRA, TSRA and the Texas ACLU involved too.

[bdickens]

Don't buy the line that you won't be able to college either. That's about as
accurate as the old chestnut used by teachers years ago "This is going on your
permanent record."

No kidding. Look at Osama's - I mean Obama's - buddy Bill Ayers. He's a college professor now.

[Liberty]

where is the relevant text of the HB provisions for the CHL penal code?

OK.I found it.
under "enrolled" there is a 253 page document. The relative stuff starts at Page 208. In brief:

SECTION 12A.02.  Section 411.205, Government Code, is amended to read as follows:
Sec. 411.205.  REQUIREMENT TO DISPLAY LICENSE.
If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

SECTION 12A.03  An offense under Section 411.205, Government Code, may not be prosecuted after the effective date of this article. If, on the effective date of this article, a criminal action is pending for an offense under Section 411.205, the action is dismissed on that date. However, a final conviction for an offense under Section 411.205 that exists on the effective date of this article is unaffected by this article.

It looks like this is somewhat retroactive. Some accused today. could stall the court case until Sept 1st they will avoid any penaltys.
Like we are all so fond of saying IANAL

[particle]

My brother-in-law is a Captain with the HPD. He's a good man - I don't know how the police departments work, but if it's possible to get an appointment with an officer to discuss the situation, he might be able to help you out. His name is Jay Jones - my name is Eric.

[Beiruty]

So What does it mean now.

1) The law says that if asked by police officer, we have to display both TX ID/DL and CHL.
If not shown for on any reason, what happens? nothing? if so, then displaying the CHL is a matter of courtesy no more nor less.

I am now confused, I will file a petition with TX supreme court for clarification,

[Liberty]

So What does it mean now.

1) The law says that if asked by police officer, we have to display both TX ID/DL and CHL.
If not shown for on any reason, what happens? nothing? if so, then displaying the CHL is a matter of courtesy no more nor less.

I am now confused, I will file a petition with TX supreme court for clarification,

Nothing
Yes
Correct.

Don't be confused, if if our understanding is wrong, someone will surely set us straight!
I still think its still a good idea, to show the CHL, Apparently the law won't stop Houston or Harris county officials from pressing charges and punishing law abiding citizens.

[snorri]

We only know one side to the story.

[dicion]

There is only one answer to all your questions:

Call a lawyer. Now. As in, if you arent dialing as you read this, start.

[seamusTX]

Call a lawyer. Now. As in, if you arent dialing as you read this, start.

Well, not too many lawyers work Sundays, and most legal issues move at the proverbial snail's pace. The process of suspending a CHL has a built-in 30-day period for appeal after the license-holder is notified.

- Jim

[boomerang]

Provisions were added to HB2730 that was passed that took away the penalties for not displaying the the CHL.

So when does it go into effect, Sept 1?

Under this provision, we still have to notify, but if we do not, there are no penalties?

Correct. On 9/1 it will become like the time limit for processing CHL applications.

[texasag93]

off topic, but I am glad I had my plastic in 45 days.

I am looking forward to a smarter person than me verifying that there is not a penalty. I am not a lawyer, I am just a dumb Aggie that cannot read law.

texasag