LTC/Firearm/Purse Stolen

[Bruin98]

May want to consider taking a picture when the replacement comes.

I have a picture of mine saved to a secure app on my phone.

Im more likely to go someplace without my phone than my wallet, and i dont know if it would work, but i figured it might be better than nothing.

[flowrie]

It's my understanding that you must send in old LTC license upon receipt of the new one with new address.

Not true, at least in my case.

I've done two address changes and have never been asked to send in the old one.

Two address changes for my wife and I in the past year, no need to send in old plastic, just destroy the old one.
Actually received the new LTC plastic quicker than the new DL's.

[bblhd672]

It's my understanding that you must send in old LTC license upon receipt of the new one with new address.

Not true, at least in my case.

I've done two address changes and have never been asked to send in the old one.

Two address changes for my wife and I in the past year, no need to send in old plastic, just destroy the old one.
Actually received the new LTC plastic quicker than the new DL's.

I stand corrected. Must have been bad info from my LTC instructor because I wrote it in my class notes. I've searched CHL-16 and don't see it in there.

[Pawpaw]

Just FYI http://www.southlakechl.com/2012/12/10/ ... or-stolen/

Also, check #16 here... http://dps.texas.gov/rsd/chl/faqs/

From your 2nd link:

NOTE: When DPS replaces a lost/stolen license, the license number will be changed for security reasons.

Yes, and from the first link... Failing to report your license as lost of stolen within 60 days may also result in a suspension of your license.

I missed that. Thanks!

[goose]

Yes - but at that point isn't she not legal as she doesn't have the actual hardcopy in hand?

I don't see that this was addressed. I do not believe that the physical plastic is what makes you legal to carry. Physical plastic doesn't make you legal to drive.

Can anyone weigh in on the legalities? Especially since there is no penalty for not showing the card to LEO.

[Scott B.]

I requested a new license in June of this year. They had it to me in 2 weeks.

Be optimistic.

[Pawpaw]

Yes - but at that point isn't she not legal as she doesn't have the actual hardcopy in hand?

I don't see that this was addressed. I do not believe that the physical plastic is what makes you legal to carry. Physical plastic doesn't make you legal to drive.

Can anyone weigh in on the legalities? Especially since there is no penalty for not showing the card to LEO.

This is the statute that makes it legal to carry once we're licensed:

PC §46.15. NON-APPLICABILITY.
(b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;

[casp625]

Yes - but at that point isn't she not legal as she doesn't have the actual hardcopy in hand?

I don't see that this was addressed. I do not believe that the physical plastic is what makes you legal to carry. Physical plastic doesn't make you legal to drive.

Can anyone weigh in on the legalities? Especially since there is no penalty for not showing the card to LEO.

This is the statute that makes it legal to carry once we're licensed:

PC §46.15. NON-APPLICABILITY.
(b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;

You just read it in context. I added more color to your quote for relevance.

[Pawpaw]

To-may-to, to-mah-to. Either way, it means you have to have the plastic on your person when you carry.

[pushpullpete]

It's my understanding that you must send in old LTC license upon receipt of the new one with new address.

Not true, at least in my case.

I've done two address changes and have never been asked to send in the old one.

Two address changes for my wife and I in the past year, no need to send in old plastic, just destroy the old one.
Actually received the new LTC plastic quicker than the new DL's.

I stand corrected. Must have been bad info from my LTC instructor because I wrote it in my class notes. I've searched CHL-16 and don't see it in there.

Old licenses (dl & chl) go in safe, not back to state.

[mr1337]

When your wife gets her LTC re-issued, you could have her apply for a AZ CHL. I think it's about $60. They just need prints and a copy of your TX LTC or other accepted proof of gun training. They crank them out fast, too. I got mine in 2 weeks. That way if it ever happens again, she could carry on AZ until TX is replaced.

[Bryanmc]

To-may-to, to-mah-to. Either way, it means you have to have the plastic on your person when you carry.

411.205 makes it pretty clear.....

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.

It doesn't say "a reasonable facsimile" or "can be researched by the officer".

[Pawpaw]

To-may-to, to-mah-to. Either way, it means you have to have the plastic on your person when you carry.

411.205 makes it pretty clear.....

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.

It doesn't say "a reasonable facsimile" or "can be researched by the officer".

As mentioned in an earlier post, there is no penalty for violating 411.205.

However, if you violate 46.15 by carrying without your license, you lose it's protection from prosecution under 46.02. That does carry a heavy penalty.

[vjallen75]

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.

If I'm wrong please correct me, before a magistrate and/or peace officer can demand to see identification don't we have to be in the process of/or the believe we are committing a crime?

Now, I always carry my LTC/DL with me when I'm carrying, and IF requested I always produce ID even if I don't think I am doing anything illegally.

[lowdogtx]

Cant she just login and get here id number for her LTC? And carry that around? Im sure police, if needed can pull up that info.
Example, when I accidentally leave my DL at home, i dont think twice as i have my DL# memorized... The cops can verify this on the fly cant they?

Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:
(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and
(2) display the license on the demand of a magistrate, court officer, or peace officer.
(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.
(c) A person who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200,

Keep this in mind its still a ticket , some judges will dismiss