Forget license at home

[Jumping Frog]

Do you also have pics of money so you can pay for your McDonalds breakfast?

They gave me my unsweet tea and I'll pay double tomorrow.

Answering the other question, I forgot my wallet but not my gun and magazines. Yes, I was armed.

[magillapd]

I'd be shocked if you got anything more than a lecture from most TX LEOs.

Just like a DL - if you forgot it, tell me, I will look you up, find your DL, and tell you to remember it next time.

Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.

Not all dispatchers are distracted

[emcee rib]

There have been times I've forgotten my phone and times I've forgotten my wallet, but I have never forgotten both at the same time.

Do you also have pics of money so you can pay for your McDonalds breakfast?

Not pics, but I can pay with my phone. http://www.mastercard.com/us/paypass/ph ... ypass.html" onclick="window.open(this.href);return false;

[gigag04]

I'd be shocked if you got anything more than a lecture from most TX LEOs.

Just like a DL - if you forgot it, tell me, I will look you up, find your DL, and tell you to remember it next time.

Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.

Not all dispatchers are distracted

Ours are usually, with phones, tone outs, background noise, other radio channels, 911 calls. I meant no ill will with my comment, though ours are known to watch movies or play video games at times too. But who can blame them at 3 am on a Monday.

[Jumping Frog]

I meant no ill will with my comment, though ours are known to watch movies or play video games at times too. But who can blame them at 3 am on a Monday.

Makes sense to me. At 3 am on a Monday, they know if something happens they can reach the guys in the field at the donut shop anyway.

[gigag04]

I meant no ill will with my comment, though ours are known to watch movies or play video games at times too. But who can blame them at 3 am on a Monday.

Makes sense to me. At 3 am on a Monday, they know if something happens they can reach the guys in the field at the donut shop anyway.

Kettle, Denny's, or the all night taco shack.

Donut shop doesn't open till 5:30 am...I've said too much...

[jbenat]

When I walk in the neighborhood I always carry and I always bring my drivers lisence and CHL.

[C-dub]

When I walk in the neighborhood I always carry and I always bring my drivers lisence and CHL.

Unless you forget one.

[Sangiovese]

I'd be shocked if you got anything more than a lecture from most TX LEOs.

Just like a DL - if you forgot it, tell me, I will look you up, find your DL, and tell you to remember it next time.

Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.

I think this is pretty much the extent of it.

Only thing to add is that if you forget your wallet, you need to remember that once you get to your destination, the pistola needs to stay in the car. The MPAA provides legal authority to be armed in your car without a license but that doesn't extend to roaming around in public.

Would a licensed person be charged with unlawful carrying under 46.02 if he was caught in public and had forgotten his CHL at home? Your guess is as good as mine... but 46.15 (which says that 46.02 does not apply to CHLs) does indicate that you have to be carrying the license, so I think that you certainly could be charged unless one of the other nonapplicability paragraphs fit.

[sjfcontrol]

I'd be shocked if you got anything more than a lecture from most TX LEOs.

Just like a DL - if you forgot it, tell me, I will look you up, find your DL, and tell you to remember it next time.

Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.

I think this is pretty much the extent of it.

Only thing to add is that if you forget your wallet, you need to remember that once you get to your destination, the pistola needs to stay in the car. The MPAA provides legal authority to be armed in your car without a license but that doesn't extend to roaming around in public.

Would a licensed person be charged with unlawful carrying under 46.02 if he was caught in public and had forgotten his CHL at home? Your guess is as good as mine... but 46.15 (which says that 46.02 does not apply to CHLs) does indicate that you have to be carrying the license, so I think that you certainly could be charged unless one of the other nonapplicability paragraphs fit.

I seriously doubt that the "Motion Picture Association of America" would have much to say about authority to carry a handgun -- well, except maybe in a movie.

Some would argue (not me!) that you give up the right to carry under MPA when you get your CHL.

[Sangiovese]

I seriously doubt that the "Motion Picture Association of America" would have much to say about authority to carry a handgun -- well, except maybe in a movie.

Some would argue (not me!) that you give up the right to carry under MPA when you get your CHL.

Ack, it looks like I gave out an extra A. I hope my professors are as generous!

As for a CHL not receiving the benefit of the MPA, I don't see anything at all to lead to that conclusion. Having a license gives you an exemption from 46.02 as long as you meet the requirements (carrying the license and a concealed handgun of the category licensed).

If for some reason you don't meet those requirements, then 46.02, in its entirety, would apply. Why would a portion of 46.02 (the basis for charging you) apply, but other portions of it (the exception for carrying in your vehicle) not apply?

I agree that the car carry portion of the MPA doesn't normally apply to CHLs (who are carrying a license and a concealed handgun) since it is a portion of 46.02 and 46.15 specifically says that 46.02 doesn't apply to them. But if, for any reason, 46.02 does apply (like you forget your license)... then the entire thing would apply, including the car carry exemption.

[sjfcontrol]

I seriously doubt that the "Motion Picture Association of America" would have much to say about authority to carry a handgun -- well, except maybe in a movie.

Some would argue (not me!) that you give up the right to carry under MPA when you get your CHL.

Ack, it looks like I gave out an extra A. I hope my professors are as generous!

As for a CHL not receiving the benefit of the MPA, I don't see anything at all to lead to that conclusion. Having a license gives you an exemption from 46.02 as long as you meet the requirements (carrying the license and a concealed handgun of the category licensed).

If for some reason you don't meet those requirements, then 46.02, in its entirety, would apply. Why would a portion of 46.02 (the basis for charging you) apply, but other portions of it (the exception for carrying in your vehicle) not apply?

I agree that the car carry portion of the MPA doesn't normally apply to CHLs (who are carrying a license and a concealed handgun) since it is a portion of 46.02 and 46.15 specifically says that 46.02 doesn't apply to them. But if, for any reason, 46.02 does apply (like you forget your license)... then the entire thing would apply, including the car carry exemption.

Well, I agree in general (that MPA still applies), but would argue that your analysis is backwards. 46.15 is an "exception" to 46.02. Exceptions to the law only apply when needed. In other words, they make an otherwise illegal activity OK. So -- If you are in violation of 46.02, and you have a CHL, that CHL will invalidate 46.02. HOWEVER, that is not the case. when carrying in your car. 46.02 already excepts car carry (a-1 and a-2). So if you are carrying in your car (and meet the other requirement of the MPA), you are carrying legally (under MPA) and therefore 46.15 isn't needed, and doesn't apply.

This argument has been discussed several times on this board, and has been blessed by both Charles Cotton, and Steve Rothstein (srothstein)

[Sangiovese]

45.15 actually says that 46.02 does not apply, so it isn't really an exception. Since 46.02 doesn't apply (if you meet 46.15), the MPA provisions within it can't apply.

Either way, we've gotten into the weeds and we agree on the end result.

The real point I was trying to make is that if you forget your license you are very likely to be perfectly ok while in your car... but I wouldn't carry outside of my car if my license was at home.

[sjfcontrol]

45.15 actually says that 46.02 does not apply, so it isn't really an exception. Since 46.02 doesn't apply (if you meet 46.15), the MPA provisions within it can't apply.

Either way, we've gotten into the weeds and we agree on the end result.

The real point I was trying to make is that if you forget your license you are very likely to be perfectly ok while in your car... but I wouldn't carry outside of my car if my license was at home.

It says it doesn't apply under certain conditions, making it an exception. But I'll agree to disagree.

[03Lightningrocks]

I'd be shocked if you got anything more than a lecture from most TX LEOs.

Just like a DL - if you forgot it, tell me, I will look you up, find your DL, and tell you to remember it next time.

Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.

This was the treatment I got. He didn't seem to care about the gun. I have my DL memorized. I told him I had a weapon and that I have a CHL. He asked where the gun was. I said, under the seat. He said, please step around to the back of the car. He ran the number I gave him, it came back as me and clear. He lectured me for about three seconds on the importance of carrying my license on me. He told me Jack in The Box can't be beat for the two tacos for a dollar deal...LOL. My reason for not having my wallet was I grabbed my cash and forgot my wallet because I was just running a block away to get some health food at JITB. I just plain and simple forgot. The cop was in the parking lot and I didn't signal when I turned into the lot. OOPS. He hit his lights. I knew why. No tickets for anything. For some reason, I keep running into cops who don't throw down on me. Maybe it's because I am an "old dude". I'm not sure getting pulled over in the parking lot even counts.