Bill to eliminate Texas reciprocity

[AKC322]

Those of you who carry in Texas with another state's license may want to keep an eye on SB 481, which would prohibit the use of a non-Texas CHL permit under a reciprocity agreement. The bill, authored by Juan "Chuy" Hinojosa (D-McAllen), was favorably reported out of the Senate Criminal Justice Committee April 10. The bill amends Gov't Code 411.173 to provide that "a person's license to carry a concealed handgun issued by another state, notwithstanding Subsection (b) (relating to an agreement with any other state that provides for the issuance of a license to carry a handgun), is prohibited from being recognized and is not valid in this state if the person has established a domicile in this state."

[mewalke]

To be honest I'm not surprised at a move like this. Reciprocity was originally intended for people travelling or visiting another state, not for someone who lives in Texas but wants a cheaper license with fewer requirements. Compare it to a driver's license. Texas recognizes other states' licenses unless you establish residency here - then you have 90 days (I think) to obtain a Texas drivers' license. Otherwise you can be charged with a misdemeanor

That being said I don't support the bill.

[JALLEN]

I don't see any issue with the idea of it, but the wording of that bill quoted in the OP strikes me as awkward at best.

When I move to Texas, I want my Utah and/or Florida permits to cover me while I obtain a Texas one, for which I will apply and qualify for promptly (already have sent in an app and paid the fee, but didn't get there to take the class), just like a driver's license or something.

[nyj]

Thanks for the heads up.

My sister and BIL are native Texans who moved to AZ for a few years, got their CHL's there, then moved back to TX and still use their AZ CHL's.

[baldeagle]

Domicile is defined as "(10) "Domicile" means the place where a person has the person's true, fixed, and permanent home and principal residence and to which the person intends to return whenever absent."

Under the Transportation code you have 30 days after establishing a domicile to obtain a commercial license. "(4) the person has not had a domicile in this state for more than 30 days." Since the bill doesn't have that language it's legally debatable if you would commit an offense if you didn't obtain a CHL license within 30 days, but since that's not even possible (DPS has 60 days under the law to issue one plus you have to apply and take a class to qualify), the bill should at a minimum be amended to account for that lag.

[JALLEN]

Domicile is defined as "(10) "Domicile" means the place where a person has the person's true, fixed, and permanent home and principal residence and to which the person intends to return whenever absent."

Under the Transportation code you have 30 days after establishing a domicile to obtain a commercial license. "(4) the person has not had a domicile in this state for more than 30 days." Since the bill doesn't have that language it's legally debatable if you would commit an offense if you didn't obtain a CHL license within 30 days, but since that's not even possible (DPS has 60 days under the law to issue one plus you have to apply and take a class to qualify), the bill should at a minimum be amended to account for that lag.

For ordinary citizens, the license from wherever they are coming from is good for 90 days.

An individual can legally drive with a valid, unexpired driver license from another state or country for up to 90 days after moving to Texas.

NOTE: The individual must apply in person at any driver license office for a Texas driver license within those 90 days to continue driving legally. An unexpired driver license from another U.S. state, U.S. territory or a Canadian province must be surrendered to DPS when applying for a Texas driver license.

http://www.txdps.state.tx.us/DriverLice ... otexas.htm

You have only 30 days to get your car registered, however. I wonder if they accept out of state licenses with proof of insurance from the last state?

[The Annoyed Man]

A similar bill was shot down in the last session, as I recall.

[bizarrenormality]

Chuy and Lon are anti gun and will use anything to drive a wedge between decent people.

[Charles L. Cotton]

Chuy and Lon are anti gun and will use anything to drive a wedge between decent people.

Lon is but Chuy has previously been a major friend for gun owners.

Chas.

[mewalke]

You have only 30 days to get your car registered, however. I wonder if they accept out of state licenses with proof of insurance from the last state?

They do. Just went through this a few months ago.

A quick edit/clarification: They accept out of state licenses for registration but you must have in-state insurance. And it doesn't count if it is the same umbrella company (i.e. State Farm), it has to be from a local Texas agency.

[o b juan]

Chuy has far as I know been always for the texas chl,, BUT he forgot about a pistol when he was getting on a plane in the valley, O am glad it wasnt me they would have buried me.. He got off.

[texanjoker]

They do require you to get a TX driver's license and register your cars in TX after you move here so that would be in line with that. They want the revenue.

[AKC322]

They do require you to get a TX driver's license and register your cars in TX after you move here so that would be in line with that. They want the revenue.

The driver's license/car registration analogy fails for two reasons:

First, unlike cars and trucks, last I checked no one has ever required me to register my firearms. I don't pay a tax on them and I don't have to annually renew my registration to possess them. I don't have to display my gun registration when I go to the range.

Second, when one moves to Texas, all one has to do it take the valid out-of-state license to DPS and get a Texas license. The license is not invalid when you cross over from Oklahoma. You don't have to get fingerprinted, undergo a criminal background check, or take a class. That's because all states pretty much use the same criteria in issuing driver's licenses, and Texas trusts them to follow essentially the same criteria that are used here.

Similarly, every state uses essentially the same criteria for granting or denying a CHL: They all check NCIS and the FBI for felony convictions, restraining orders and so on. They all ask the same questions about psychiatric background, drug use and the like. They all require some kind of training, although in some states if you are a veteran you can provide a DD-214 showing an honorable discharge and get out of training.

If the Legislature wants to invalidate an otherwise valid out-of-state CHL, it should allow those who have one go to DPS and turn it in for a Texas license, just like a driver's license.

[mewalke]

I don't think it fails as an analogy in either respect. Both licenses provide you with a privilege to do something in public areas, drive a motor vehicle, and carry a concealed weapon. Yes there are additional requirements for registration for vehicles that doesn't exist with firearms - but you don't need a registered vehicle to obtain a drivers license - so they aren't the same issue.

And as far as accepting another state's driver's license without any additional exams, they could easily do the same with a CHL for states that TX already recognizes reciprocity with. This bill doesn't do that - but that just means the bill is bad and needs to be revised.

I really don't see an issue with the general idea that - if you are a legal resident of Texas, you eventually have to obtain a Texas CHL and can't carry forever on a different state's CHL.

[tbrown]

How long is an out of state marriage license valid?

Maybe we need a law to limit reciprocity for those quickie Vegas weddings. It's for the children!