TexasCHLforum.com

Just got approved on the 15th and emaile DPS and they said they mailed out the license on the 14th ...excellent turnaround time since i sent it on the 16th of March and had my pictures sent back because i forgot to sign the bottom. well beside me finding my self stalking the mail man which i have not seen for the PAST TWO DAYS ...i now have to wait till monday to most likely get plastic . But any ways had a question but wasnt sure where to put it.. In regards to HB 410...does the repeal of the requirement to present a CHL only apply to traffic stops...scenarios could be say you either were approved but have not recieved you licence or say you were printing and an officer noticed and asked if you had a CHL. say in whatever situation you were not in a vehicle...im trying to find out more about if the law protects someone who lets say is not in a vehicle but has forgotten their license what would happen...and have all penalties been removed or just the 90 day suspension? Nice to meet you all..

Welcome to the forum!

I've got to admit I'm not up on HB410 (I'll read up on it) but my understanding is that if you are caught carrying in public but have no plastic on your person, you are going to take a little trip downtown. Hopefully others will either confirm or dispute this.

Thanks for the welcome ...I was reading a bill analysis of it and it seems to me that one could even refuse to show the CHL ...not too sure what the "technically" means...but just wondered if you are outside the vehicle does this law protect you?

AddyLO wrote:Welcome to the forum!

if you are caught carrying in public but have no plastic on your person, you are going to take a little trip downtown.

AddyLO is correct.

You must have your license with you while carrying a concealed firearm.

This doesn't apply if you have a firearm in your car under MPA..(Motorist Protection Act)

Welcome to the forum.

Joshua Daniel wrote:I was reading a bill analysis of it and it seems to me that one could even refuse to show the CHL ...not too sure what the "technically" means...but just wondered if you are outside the vehicle does this law protect you?

The penalty for not showing your CHL has been removed, however you must still have your CHL while carrying.

USA1 wrote:

Joshua Daniel wrote:I was reading a bill analysis of it and it seems to me that one could even refuse to show the CHL ...not too sure what the "technically" means...but just wondered if you are outside the vehicle does this law protect you?

The penalty for not showing your CHL has been removed, however you must still have your CHL while carrying.

So since there is no penalty and say some one was brave/dumb enough ..however you wanna look at it i guess...what would the outcome be...what does a law with no penalties if broken mean???

Joshua Daniel wrote:

USA1 wrote:

Joshua Daniel wrote:I was reading a bill analysis of it and it seems to me that one could even refuse to show the CHL ...not too sure what the "technically" means...but just wondered if you are outside the vehicle does this law protect you?

The penalty for not showing your CHL has been removed, however you must still have your CHL while carrying.

So since there is no penalty and say some one was brave/dumb enough ..however you wanna look at it i guess...what would the outcome be...what does a law with no penalties if broken mean???

Now that's a good question.
I'll let someone else answer because I really don't know.

I will say that most of us here feel that it's a good idea to present your CHL with your TDL
when asked for ID from a police officer.

IMO Police officers don't like surprises and may become less friendly when they run your TDL
and find out that you have a CHL and didn't let them know that upfront.

Joshua Daniel wrote:

USA1 wrote:

Joshua Daniel wrote:I was reading a bill analysis of it and it seems to me that one could even refuse to show the CHL ...not too sure what the "technically" means...but just wondered if you are outside the vehicle does this law protect you?

The penalty for not showing your CHL has been removed, however you must still have your CHL while carrying.

So since there is no penalty and say some one was brave/dumb enough ..however you wanna look at it i guess...what would the outcome be...what does a law with no penalties if broken mean???

Don't quite get your question. You are not required to automatically give your CHL. No penalty if you don't. If you are in your vehicle or area of your control, you need no CCW if concealed. Big penalty if you CCW out of your vehicle or area of control without CHL with you. Seems simple.
If you are ID'd, your busted. Why the reticence in presenting your CHL with your DL?

With regards to whether or not to show your CHL license, my CHL instructor explained it very simply. He was a former LEO so his perspective may have been one sided but it made perfect sense to me.

If you are stopped and only give the LEO your DL he/she is going to run a check and discover you are a CHL holder regardless of whether you tell them. This is simply part of the procedure so why hide it? It would be much easier for everyone involved to know the score up front so there is no ambiguity.

Most (but certainly not all) LEOs understand that your CHL means you've been through a thorough background check and are probably not out making trouble. In other words, they can relax a bit with you. Doing them the courtesy of full disclosure reinforces this position.

On the other hand, hiding your CHL from them would make them wonder why you are doing so. This cancels out the above and reintroduces suspicion into the situation. How can that possibly benefit you or the LEO?

AddyLO wrote:With regards to whether or not to show your CHL license, my CHL instructor explained it very simply. He was a former LEO so his perspective may have been one sided but it made perfect sense to me.

If you are stopped and only give the LEO your DL he/she is going to run a check and discover you are a CHL holder regardless of whether you tell them. This is simply part of the procedure so why hide it? It would be much easier for everyone involved to know the score up front so there is no ambiguity.

Most (but certainly not all) LEOs understand that your CHL means you've been through a thorough background check and are probably not out making trouble. In other words, they can relax a bit with you. Doing them the courtesy of full disclosure reinforces this position.

On the other hand, hiding your CHL from them would make them wonder why you are doing so. This cancels out the above and reintroduces suspicion into the situation. How can that possibly benefit you or the LEO?

and well said.

Joshua Daniel wrote:Just got approved on the 15th and emaile DPS and they said they mailed out the license on the 14th ...excellent turnaround time since i sent it on the 16th of March and had my pictures sent back because i forgot to sign the bottom. well beside me finding my self stalking the mail man which i have not seen for the PAST TWO DAYS ...i now have to wait till monday to most likely get plastic . But any ways had a question but wasnt sure where to put it.. In regards to HB 410...does the repeal of the requirement to present a CHL only apply to traffic stops...scenarios could be say you either were approved but have not recieved you licence or say you were printing and an officer noticed and asked if you had a CHL. say in whatever situation you were not in a vehicle...im trying to find out more about if the law protects someone who lets say is not in a vehicle but has forgotten their license what would happen...and have all penalties been removed or just the 90 day suspension? Nice to meet you all..

Welcome to the TexasCHLforum; thanks for joining.

HB410 didn't pass the Senate. The DPS sunset bill, HB2730 contained language that repealed the penalty for not displaying a CHL, but the duty remains. The duty to display exists whenever you are asked for ID by a LEO or magistrate, not only on traffic stops.

Chas.

very much aswell I guess I'll put it this way... This law seems to be a common sense answer to the problem that CHL holder face when they have a handgun concealed in their vehicle and do not have the CHL on hand. The removal of penalty if a license holder forgot there chl and had to travel with a firearm in th vehicle, since an unlicensed person face no penalty for not having a CHL while in their vehicle. That is what I understand the intention of the bill is. What I guess is a more clear question is the way the bill is worded does it specify that the penalty is only removed when it is a traffic situation? Or can it "TECHNICALLY" be used as a defense if we ever forget our CHL's when we are out in public.

Thanks Charles I was just trying to get the clarification Google wasn't giving me. Lol

This is what I was reading...

http://www.legis.state.tx.us/tlodocs/81 ... 00410H.htm" onclick="window.open(this.href);return false;

What I guess is a more clear question is the way the bill is worded does it specify that the penalty is only removed when it is a traffic situation? Or can it "TECHNICALLY" be used as a defense if we ever forget our CHL's when we are out in public.

I have to admit, I am having a difficult time in interpreting what your question is. But I'll give it a try.

If you have been approved, but have not yet received your CHL you may not conceal carry your gun on your person anywhere you go, except in your house, your property or to your car from your house and back to your house. In other words you cannot carry while going out in public...to the store, shopping, etc.