Carrying while waiting on renewal(expired)

[apaul]

First post

I'm pretty sure this question answers itself, however I just wanted to verify. I have failed to renew my license before it expired in March. I plan on taking the renewal class within the next couple of weekends and have my paperwork on the way to Austin, and I know it may take a couple of months to get my new plastic to carry. Do I have to wait for my new ID in the mail to carry? Can someone please post the law or specific clause on this. Can I still carry in my vehicle? I'd feel pretty stupid to hand a police officer an expired CHL if I were to get pulled over, even though I may be within the law on carrying in my vehicle. If my plastic is expired, should I not even show it???? Should I just inform the officer I have a weapon in the vehicle??? Definately a lesson learned in procrastination.



Thanks
AP

[jnkirk1974]

Without your plastic, you are not legal. Even if you are a qualified CHL carrier. If you leave your license at home, you cannot carry your gun with you.
The plastic goes wherever the gun goes.

[seamusTX]

I think it would be best to continue carrying the expired CHL and not to carry a weapon outside your residence, place of business, or vehicle.

I am not a lawyer and this is strictly my personal opinion.

The reason I say to continue carrying the CHL is that the DPS computer system will show you as having one, probably for some time after the expiration date.

An incident was related quite a while back where someone had let their CHL expire, the police saw it on the computer during a traffic stop, and they tossed his car. This was before car carry was totally legal.

I also think the officer's attitude is going to make a big difference. Just as with an expired driver license or registration, some will cut you some slack, some won't.

- Jim
[Edited to correct typo]

[KBCraig]

You may carry in your car, just as any other unlicensed person may.

[seamusTX]

That is the law, but I'm not convinced that every LEO in Texas is aware of it.

- Jim

[apaul]

Thanks for the quick response.

Understood.

Jim, I was thinking the same thing, just leave the gun at home, and don't let it expire again. I'm not going to gamble any legal problems on an officers mood or attitude. I know most LEO's are respectable, considerate and understanding, however I've ran in to a very few that are/were way out of line just for minor traffic violations.

[ctxpta]

Something to keep in mind. If you (carrying) and are asked for identification and you hand an officer both a DL and an expired CHL. You are claiming you are falling under the CHL laws by the fact you handed it to them. In this case you might possibility be charged. If you only hand a DL and he comes back and asks about a CHL and you state your license is expired and you are NOT carrying under the CHL laws you have a better chance to fight the charge if you are arrested for carrying. More times than not an Officer will perform an action based on YOUR comment or understanding. I will probably have a few say they can't arrest you...they can and some will. You SHOULD beat the rap but maybe not the ride. So if your license is expired and you carry under the right to carry in your vehicle....do NOT carry the license because it is invalid!

[WildBill]

Good Advice!

[apaul]

Matt, thanks for the advice. I'm not going to chance it. I'll just wait for my new plastic, although I feel naked after lugging around an HK .45 for 4 years.

[flintknapper]

Something to keep in mind. If you (carrying) and are asked for identification and you hand an officer both a DL and an expired CHL. You are claiming you are falling under the CHL laws by the fact you handed it to them. In this case you might possibility be charged. If you only hand a DL and he comes back and asks about a CHL and you state your license is expired and you are NOT carrying under the CHL laws you have a better chance to fight the charge if you are arrested for carrying. More times than not an Officer will perform an action based on YOUR comment or understanding. I will probably have a few say they can't arrest you...they can and some will. You SHOULD beat the rap but maybe not the ride. So if your license is expired and you carry under the right to carry in your vehicle....do NOT carry the license because it is invalid!

Pretty much covers it.