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CCW Holder Moving to TX from FL
Posted: Tue May 13, 2014 12:22 pm
by mrgreentie
Good afternoon,
I am moving from Florida to Texas.
I am a Florida concealed carry permit holder since 2008. What are the rules surrounding moving to Texas and legally concealing a handgun with my Florida permit?
Do I need to get a TX permit?
Will my Florida permit allow me to carry in the absence of a Texas permit even though I'll be residing in Texas?
At what point do I legally have to have a Texas permit to continue to legally conceal carry a handgun? Or, can I continue to renew and use my Florida permit?
Thanks, in advance, for any information you can provide.
Re: CCW Holder Moving to TX from FL
Posted: Tue May 13, 2014 12:53 pm
by Dragonfighter
mrgreentie wrote:Good afternoon,
I am moving from Florida to Texas.
I am a Florida concealed carry permit holder since 2008. What are the rules surrounding moving to Texas and legally concealing a handgun with my Florida permit?
Hi and welcome.
A good place to start is here. It is a primer and if you are more academically inclined go to
http://www.statutes.legis.state.tx.us/, you can search for terms and specific codes and sections. I have always cross checked the CHL handbook against the full codes cited. Speaking of which the
DPS' CHL site is here.
Do I need to get a TX permit?
Yes. There are things such as the GFSZ exception that do not apply unless you have a permit from the state of residence. Also, should you return to Florida for a visit, Texas' CHL is honored there.
Will my Florida permit allow me to carry in the absence of a Texas permit even though I'll be residing in Texas?
Certainly, to a point. FWIW and if IIRC there is a time that you must reside in Texas before you can get the resident permit, something like 90 days. Others may have a correction or more definitive info.
At what point do I legally have to have a Texas permit to continue to legally conceal carry a handgun? Or, can I continue to renew and use my Florida permit?
See all of the above and let me reiterate, there are limits to what you can do in Texas with a Florida permit such as the GFSZ (Gun Free School Zone) exceptions. Also, should there be a lapse between your Florida Permit expiration and the issue of your Texas CHL, MPA allows you to carry in your vehicle without a license provided the weapon is not in plain sight.
Thanks, in advance, for any information you can provide.
Your welcome and welcome to the most informative forum I know of.
Re: CCW Holder Moving to TX from FL
Posted: Tue May 13, 2014 7:29 pm
by baron
mrgreentie wrote:Will my Florida permit allow me to carry in the absence of a Texas permit even though I'll be residing in Texas?
It doesn't matter if you're a Texas resident or a tourist. The reciprocity agreement doesn't discriminate.
http://www.txdps.state.tx.us/rsd/chl/le ... laTenn.htm" onclick="window.open(this.href);return false;
mrgreentie wrote:At what point do I legally have to have a Texas permit to continue to legally conceal carry a handgun?
You need to get a Texas license before your Florida licence expires to continue carrying on foot in public.
Re: CCW Holder Moving to TX from FL
Posted: Tue May 13, 2014 7:49 pm
by tomtexan
Dragonfighter wrote:
Will my Florida permit allow me to carry in the absence of a Texas permit even though I'll be residing in Texas?
Certainly, to a point. FWIW and if IIRC there is a time that you must reside in Texas before you can get the resident permit, something like 90 days. Others may have a correction or more definitive info.
If I'm not mistaken, I don't believe there is any longer a 60 or 90 day (whichever it was) residency requirement to get a Texas CHL. I believe they did away with that.
Re: CCW Holder Moving to TX from FL
Posted: Tue May 13, 2014 10:44 pm
by The_Busy_Mom
6 month residency requirement to get a resident Texas CHL. GC$411.172
The time requirement was eliminated from the gun-buying process.
TBM
Re: CCW Holder Moving to TX from FL
Posted: Wed May 14, 2014 6:07 am
by Jumping Frog
The_Busy_Mom wrote:6 month residency requirement to get a resident Texas CHL. GC$411.172
The time requirement was eliminated from the gun-buying process.
TBM
That is simply incorrect.
If someone is moving here with the intention of establishing residency, there are zero time limits.
Re: CCW Holder Moving to TX from FL
Posted: Wed May 14, 2014 11:22 am
by The_Busy_Mom
Jumping Frog wrote:The_Busy_Mom wrote:6 month residency requirement to get a resident Texas CHL. GC$411.172
The time requirement was eliminated from the gun-buying process.
TBM
That is simply incorrect.
I took that directly from the CHL-16, updated to make the changes from the 2013 legislative session. Not my opinion. Code says that if you have intent to establish residency, you can get a non-resident license for the 6 months it takes to establish residency.
Code: Select all
Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
Sec. 411.173. NONRESIDENT LICENSE.
(a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state. The procedure must include payment of a fee in an amount sufficient to recover the average cost to the department of obtaining a criminal history record check and investigation on a nonresident applicant. A license issued in accordance with the procedure established under this subsection:
(1) remains in effect until the license expires under Section 411.183; and
(2) may be renewed under Section 411.185.
Jumping Frog wrote:If someone is moving here with the intention of establishing residency, there are zero time limits.
Please cite where this information is located.
TBM
Re: CCW Holder Moving to TX from FL
Posted: Wed May 14, 2014 6:58 pm
by Dori
If instructors can't agree if you need to wait six months, best to save yourself the time, money and frustration. Carry with your Florida license.
Re: CCW Holder Moving to TX from FL
Posted: Wed May 14, 2014 8:26 pm
by Charles L. Cotton
The_Busy_Mom wrote:Jumping Frog wrote:The_Busy_Mom wrote:6 month residency requirement to get a resident Texas CHL. GC$411.172
The time requirement was eliminated from the gun-buying process.
TBM
That is simply incorrect.
I took that directly from the CHL-16, updated to make the changes from the 2013 legislative session. Not my opinion. Code says that if you have intent to establish residency, you can get a non-resident license for the 6 months it takes to establish residency.
Code: Select all
Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
Sec. 411.173. NONRESIDENT LICENSE.
(a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state. The procedure must include payment of a fee in an amount sufficient to recover the average cost to the department of obtaining a criminal history record check and investigation on a nonresident applicant. A license issued in accordance with the procedure established under this subsection:
(1) remains in effect until the license expires under Section 411.183; and
(2) may be renewed under Section 411.185.
Jumping Frog wrote:If someone is moving here with the intention of establishing residency, there are zero time limits.
Please cite where this information is located.
TBM
It's in §411.173 relating to nonresident licenses. I know, the location doesn't make sense, but the operative language is set out below. There is no 6 months residency requirement, as long as the applicant has moved to Texas with the intent to establish residency here.
Chas.
Gov't Code§411.173 wrote:Sec. 411.173. NONRESIDENT LICENSE.
(a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state.
Re: CCW Holder Moving to TX from FL
Posted: Wed May 14, 2014 10:30 pm
by The_Busy_Mom
Charles L. Cotton wrote:The_Busy_Mom wrote:Jumping Frog wrote:The_Busy_Mom wrote:6 month residency requirement to get a resident Texas CHL. GC$411.172
The time requirement was eliminated from the gun-buying process.
TBM
That is simply incorrect.
I took that directly from the CHL-16, updated to make the changes from the 2013 legislative session. Not my opinion. Code says that if you have intent to establish residency, you can get a non-resident license for the 6 months it takes to establish residency.
Code: Select all
Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
Sec. 411.173. NONRESIDENT LICENSE.
(a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state. The procedure must include payment of a fee in an amount sufficient to recover the average cost to the department of obtaining a criminal history record check and investigation on a nonresident applicant. A license issued in accordance with the procedure established under this subsection:
(1) remains in effect until the license expires under Section 411.183; and
(2) may be renewed under Section 411.185.
Jumping Frog wrote:If someone is moving here with the intention of establishing residency, there are zero time limits.
Please cite where this information is located.
TBM
It's in §411.173 relating to nonresident licenses. I know, the location doesn't make sense, but the operative language is set out below. There is no 6 months residency requirement, as long as the applicant has moved to Texas with the intent to establish residency here.
Chas.
Gov't Code§411.173 wrote:Sec. 411.173. NONRESIDENT LICENSE.
(a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state.
Please don't take me as argumentative, but isn't this is to obtain a license under the subchapter of Non-resident license? I don't really care either way - I think everyone in Texas should have a Texas CHL, and I would hope we could make it as easy as possible on anyone.
TBM
Re: CCW Holder Moving to TX from FL
Posted: Wed May 14, 2014 11:18 pm
by Jumping Frog
The_Busy_Mom wrote:Please don't take me as argumentative, but isn't this is to obtain a license under the subchapter of Non-resident license?
As Chas. stated, the location doesn't make sense, but the operative language authorizing issuing a CHL is shoved into a strange place. I assume that is related to the way getting bills passed resembles making sausage.
Anyway, regardless of what the statute location is called, there is no difference in the actual license issued. It simply says "Texas CONCEALED HANDGUN LICENSE". It never says "resident" or "non-resident", it is simply a license.
Re: CCW Holder Moving to TX from FL
Posted: Fri May 16, 2014 7:11 pm
by nightmare
Dragonfighter wrote:Also, should you return to Florida for a visit, Texas' CHL is honored there.
Yes but there's no GFSZ exception for Texas CHL visiting Florida.