If a CHL shoots,cops take gun,any probs w/ BUG?

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surprise_i'm_armed
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If a CHL shoots,cops take gun,any probs w/ BUG?

#1

Post by surprise_i'm_armed »

This is kind of an unlikely hypothetical, but I have not seen any discussion on such a scenario.

Say a CHL has to draw and/or fire his gun in a lawful way. But the LEO's confiscate the gun
as evidence.

If the CHL is not arrested for anything, I assume that he can simply go home and get another
gun to carry, or go to a store and buy another gun, until he gets his original piece back from the
LEO's.

The floor is open.

SIA
N. Texas LTC's hold 3 breakfasts each month. All are 800 AM. OC is fine.
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3rd Saturdays: Golden Corral, 465 E. I-20, Collins St exit, Arlington.
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AEA
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#2

Post by AEA »

Your subject line is a bit different than your message text.......

I found your post subject line interesting enough to come and read it and post this:

I have never heard of anything about a BUG (BackUp Gun) being confiscated from anyone who has made a shoot who has had his gun that he used to make the shot confiscated.

So, has none of them had a BUG on them at the time? or, were BUG's also confiscated? I would like to know about this as I carry a BUG from time to time.

Now.........
In regards to the text of your message.......
As long as your CHL is not taken from you by the LEO's you are free to get another gun and carry it.

Additionally, even if your CHL is taken from you, I see no reason why you could not still carry under the MPA.
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#3

Post by kauboy »

If you're involved in a shooting, for evidence purposes and to recreate the incident, they will probably take all firearms you have on your person at the time.
They will want to know which one was used, and that will probably mean taking them all.
If it happens in your home, who knows how many they could take.
I heard one story of officers taking all but one firearm from a home. They wanted to make sure the homeowner could still protect themselves from potential retaliation. But don't always count on that.

As for using one later, after the incident, that's absolutely fine.
As stated, if you're CHL is not taken, you are still legally able to carry. It just won't be with the involved gun until the case is closed, and it's returned.
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#4

Post by sss »

I can't see law enforcement taking your actual CHL away from you in order to conduct an investigation. It's either real or it isn't. The gun, I can see them holding as evidence.

Personally speaking, I have CHLs from two different states (both of which reciprocate in states where I usually travel), so it wouldn't really be a problem for me.
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The Annoyed Man
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#5

Post by The Annoyed Man »

AEA wrote:Additionally, even if your CHL is taken from you, I see no reason why you could not still carry under the MPA.
MPA would prevent him from carrying into the Walmart, or church, or whatever...

This is a good reason to have a non-resident permit issued by another state, like Utah for instance. Then if your Texas CHL is taken from you (temporarily, one would hope), you can still carry lawfully under the authority of your out-of-state non-resident permit — subject to the normal CHL restrictions such as 30.06, etc., etc.
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#6

Post by sss »

For anyone considering this, I would recommend the Virginia license over the Utah license as a backup. The cost is $100 for 4 years and there is no additional training required, unlike the Utah license. It took VA a little over a week to get my license sent out.

http://handgunlaw.us/states/virginia.pdf" onclick="window.open(this.href);return false;
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#7

Post by The Annoyed Man »

sss wrote:For anyone considering this, I would recommend the Virginia license over the Utah license as a backup. The cost is $100 for 4 years and there is no additional training required, unlike the Utah license. It took VA a little over a week to get my license sent out.

http://handgunlaw.us/states/virginia.pdf" onclick="window.open(this.href);return false;
My Utah license was $62.50 for 5 years and it required having an instructor during a Texas CHL class fill out their side of the paperwork, and me sending it in. The instructor (Crossfire Training, owned by our own Crossfire) charges $25 for that service if done during a CHL new or renewal class. Taken separately, she charges $75. There is no range qualification required for the Utah CFP. So, if you do it while either taking your new CHL class, or a CHL renewal class, your out-of-pocket expense is $87.50 (saving you $12.50 compared to the VA license), and you get an extra year on the length of the permit. That equates to $17.50/year instead of $25.00/year. It is also worth noting that the Utah permit adds Washington, Ohio, and Minnesota (and pretty soon, West Virginia) to the reciprocal states you have with your Texas CHL. I can't speak with authority to Virginia reciprocity, but just looking at handgunlaw.us seems to indicate that there is no reciprocity advantage in a VA license. In fact, at first glance, it looks disadvantageous from a reciprocity standpoint.

Anyway, to each, his own.

I took my Utah CFP class about a year after I already had my CHL. My reasoning was that, if there is anything which delays the issuance of my CHL renewal — such as the current, ongoing backlog at DPS — and my CHL expires before the renewal is sent out to me, I can still carry lawfully under the authority of my CFP for up to a year beyond the expiration of my CHL.
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#8

Post by lrb111 »

From the Virginia site, the non-resident is five years. No classroom time for a Texas CHL holder. It is available by mail for every chl holder in Texas, no matter their geographic location.
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#9

Post by surprise_i'm_armed »

AEA:
Yes, my subject time doesn't quite line up with the longer text I was able to
input in the body of the original post. Whenever I set up a new thread I try
to use the entire subject line to let potential readers know what it's about.

My use of "BUG" in the subject line was not necessarily confined to the BUG that
you had on you at the time of confiscation of your main carrry piece by the LEO's,
but was intended to mean any 2nd weapon that you may have at home.

By the way, can LEO's actually take your CHL plastic away from you on the spot
after a defensive handgun use?

Or do you have to go to court before it can be taken from you?

SIA
N. Texas LTC's hold 3 breakfasts each month. All are 800 AM. OC is fine.
2nd Saturdays: Rudy's BBQ, N. Dallas Pkwy, N.bound, N. of Main St., Frisco.
3rd Saturdays: Golden Corral, 465 E. I-20, Collins St exit, Arlington.
4th Saturdays: Sunny St. Cafe, off I-20, Exit 415, Mikus Rd, Willow Park.
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#10

Post by ELB »

I would expect the police to seize all the weapons on scene. If afterward you have not been arrested for anything, I can see no reason legally you can't go home, get your spare pistol out, and march on -- that's what I would do. But IANAL and all that. NOTE: some police have told me to expect that any gun seized from me will be stamped or engraved with an evidence number, and it won't necessarily be inconspicuous or neat. The officer noted that when his own gun was taken, the evidence technician marked it under the grips, but that that wasn't the usual practice.

As far as having another state's CHL for strictly back up purposes in case your Texas CHL disappears for whatever reason, it seems to me Centre County Pennsylvania wins hands down -- application, $26, copies of Texas DL and CHL, and SASE. If you want to squeeze out reciprocity for an additional state, then you have to go elsewhere.
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#11

Post by AEA »

surprise_i'm_armed wrote:AEA:
By the way, can LEO's actually take your CHL plastic away from you on the spot after a defensive handgun use?
Or do you have to go to court before it can be taken from you?
SIA
As you know, LEO's can do whatever they want and/or whatever they "think" the law is on the spot.
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#12

Post by gabe »

The Annoyed Man wrote:
sss wrote:For anyone considering this, I would recommend the Virginia license over the Utah license as a backup. The cost is $100 for 4 years and there is no additional training required, unlike the Utah license.
My Utah license was $62.50 for 5 years
If you have a Texas CHL, the Pennsylvania license is $26 for five years. No additional training or fingerprints.

http://www.co.centre.pa.us/sheriff/lice ... cation.asp" onclick="window.open(this.href);return false;
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#13

Post by shootthesheet »

ELB wrote:I would expect the police to seize all the weapons on scene. If afterward you have not been arrested for anything, I can see no reason legally you can't go home, get your spare pistol out, and march on -- that's what I would do. But IANAL and all that. NOTE: some police have told me to expect that any gun seized from me will be stamped or engraved with an evidence number, and it won't necessarily be inconspicuous or neat. The officer noted that when his own gun was taken, the evidence technician marked it under the grips, but that that wasn't the usual practice.

As far as having another state's CHL for strictly back up purposes in case your Texas CHL disappears for whatever reason, it seems to me Centre County Pennsylvania wins hands down -- application, $26, copies of Texas DL and CHL, and SASE. If you want to squeeze out reciprocity for an additional state, then you have to go elsewhere.
:iagree: It is the easiest to get and as long as PA doesn't go completely Leftists on us would be a better choice if the CHL holder isn't looking to expand the states they can carry in or shell out a lot of money. I renewed my PA a year or two ago and it was as back to me is 6 days. On a side note I have a NH permit that allows me to carry in NH. I think I paid $10 to get it. I only had it to support NH because I didn't gain anything but NH and can't imagine ever having to use it. Recently they raised the cost of that same non-resident license to $100 I see. Very good reason for us with non-resident permits to keep up with what is going on and make our voices heard in those states as well as Texas. I am not going to drive 3+ hours and pay that kind of money for a Utah license unless I have no choice so PA is my back-up...for now.
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Carrots

Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#14

Post by Carrots »

gabe wrote:
The Annoyed Man wrote:
sss wrote:For anyone considering this, I would recommend the Virginia license over the Utah license as a backup. The cost is $100 for 4 years and there is no additional training required, unlike the Utah license.
My Utah license was $62.50 for 5 years
If you have a Texas CHL, the Pennsylvania license is $26 for five years. No additional training or fingerprints.

http://www.co.centre.pa.us/sheriff/lice ... cation.asp" onclick="window.open(this.href);return false;
Do you need to include passport photos with this? I see the space for one on the form, but note it says "if required". I assume that it would be required for a first licence, so do you know if they want one or two? Thanks
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Re: If a CHL shoots,cops take gun,any probs w/ BUG?

#15

Post by roberts »

surprise_i'm_armed wrote:This is kind of an unlikely hypothetical, but I have not seen any discussion on such a scenario.

Say a CHL has to draw and/or fire his gun in a lawful way. But the LEO's confiscate the gun
as evidence.
I have a lockbox at a trusted friend's house. It's an insurance policy for many unlikely circumstances.
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