I have been under a rock

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Av8rWannaB
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I have been under a rock

#1

Post by Av8rWannaB »

So, I have been so busy ove the last few months. I hear that CHL's are no longer required to disclose that they hold a permit when they encouter LEO's. Is this true? :rules:
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kidder014
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Re: I have been under a rock

#2

Post by kidder014 »

You are still required to hand over your CHL when asked for ID, but the penalty for not doing it was removed.

Take that for what you will.
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CaptWoodrow10
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Re: I have been under a rock

#3

Post by CaptWoodrow10 »

Av8rWannaB wrote:So, I have been so busy ove the last few months. I hear that CHL's are no longer required to disclose that they hold a permit when they encouter LEO's. Is this true? :rules:
You are still required to present your CHL with your DL when requested, but there is no "punishment" if you fail to do so. That's what I've been hearing anyway. (IANAL)
I wouldn't want to be the test case though.

Edit: Kidder types faster than I do.
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Av8rWannaB
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Re: I have been under a rock

#4

Post by Av8rWannaB »

Cool. I will operate as if nothing happened. The law may not present a penalty, but no telling what instant justice may be metted out if not done. Better safe than sorry.

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Frost
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Re: I have been under a rock

#5

Post by Frost »

Av8rWannaB wrote:Cool. I will operate as if nothing happened. The law may not present a penalty, but no telling what instant justice may be metted out if not done. Better safe than sorry.
Well something may be mete out, but don't call it justice.
It can happen here.
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boomerang
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Re: I have been under a rock

#6

Post by boomerang »

If you have been under a rock, make sure you upgrade your pilot certificate to plastic, if you haven't done so already.
http://www.faa.gov/licenses_certificate ... tificates/
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causeican
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Re: I have been under a rock

#7

Post by causeican »

My understanding of not showing/showing your CHL is that you don't have to show your CHL if you are not carrying. If you are carrying than you are required to show your CHL. My thought is I'm going to give any LEO that asked for id both my DL and CHL. Better safe than sorry.
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MojoTexas
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Re: I have been under a rock

#8

Post by MojoTexas »

*MY* understanding of the change is that it's due to the fact that you do not need a CHL to legally conceal a handgun in your vehicle in Texas, as long as you meet basic criteria (legally own the weapon, not committing a felony, etc.). Since those people who carry without a CHL in their car don't HAVE to announce the presence of the handgun, they removed the penalty for a CHL forgetting to submit his or her identification.

In my case, I carried in my vehicle for roughly a year before I finally got my plastic. I was never stopped by law enforcement, but if I had, I probably would not have volunteered the fact I had a loaded weapon in the vehicle unless asked. Now that I have my CHL, if they stop me, I'm handing it over, since it will probably turn up when they run my driver's license anyway.

In my opinion it's still "best practice" to announce it and hand over your plastic, ESPECIALLY if you're carrying. All the law changes is removes the penalty for forgetting, because they're still going to find out if they run your driver's license number.

Just my two cent's worth, of course. I'm not a lawyer.

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marksiwel
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Re: I have been under a rock

#9

Post by marksiwel »

I thought if you gave the officer your CHL and showed him your CHL Badge/Sash you didnt get a ticket?
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MechAg94
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Re: I have been under a rock

#10

Post by MechAg94 »

I think I would go ahead and hand it over simply because I know the officer already knows I have it and it isn't an issue to me. It it my wallet right behind my driver's license which I am already required to show for a traffic violation.

If I wasn't already required to show ID in some cases, I might take issue with showing it.
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texjames
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Re: I have been under a rock

#11

Post by texjames »

My CHL expired in 2004 and i'm awaiting a new class.But back when i had mine i got pulled over doing 60 in a 55 with my dually truck pulling a gooseneck.
Coming back from san antone to abilene through some small towns...sorta speed trap place ya know...The DPS comes walking up...
I was not carrying my gun.I just gave the DPS my drivers license sense i was not carrying my gun (thought thats what they taught then,just when carrying)
Anyway he go's to his car to run warrrants i guess, and comes back mad as all get out..."You have a CHL you are supposed to give the CHL license to me"
I say well i am not carrying my gun so did not think i needed too.He says"you always give it to the law enforcement" I'm saying sorry sir!
Anyway i get my like $75 ticket for speeding. Anyway troopers can tell you have a CHL just by running your drivers license too.
I think no matter what the law...tell them you have a CHL, gun in car whatever just to be on safe side and also some officers might not be
up to speed on some of the law details .
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shootthesheet
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Re: I have been under a rock

#12

Post by shootthesheet »

They need to remove the requirement all together.

This law/compromise was one of the few that got passed in 2009 because the Dems did everything they could to stop any positive changes. I will throw Senator Robert Duncan District 28 http://www.senate.state.tx.us/75r/senat ... dist28.htm" onclick="window.open(this.href);return false; into that too. http://www.statesman.com/blogs/content/ ... l_aye.html" onclick="window.open(this.href);return false; showed his position May 19,2009.

I think those of us in his area should pound him hard to support every positive CHL and 2A issue in 2011 that comes up. He should know the names and positions of every gun owner in his area by heart. I believe he should have the chance to prove he isn't just trying to get elected and rich by sacrificing the lives of students on college campuses all over the state to murders, rapists and criminals. A person does not have to be killed for them to not be able to attend college. If they are robbed or raped then even those things can kill any chances of them being able to attend school and may affect their entire lives.
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JJVP
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Re: I have been under a rock

#13

Post by JJVP »

Av8rWannaB wrote:So, I have been so busy ove the last few months. I hear that CHL's are no longer required to disclose that they hold a permit when they encouter LEO's. Is this true? :rules:
No the requirement to inform is still there, however the penalty was removed.

Now: (after 2009 legislative session)

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (a) If a license
holder is carrying a handgun on or about the license holder's
person when a magistrate or a peace officer demands that the license
holder display identification, the license holder shall display both the license
holder's driver's license or identification certificate issued by the
department and the license holder's handgun license.

Before:

GC §411.205. DISPLAYING LICENSE; PENALTY. (a) If a license
holder is carrying a handgun on or about the license holder's person
when a magistrate or a peace officer demands that the license holder
display identification, the license holder shall display both the license
holder's driver's license or identification certificate issued by the
department and the license holder's handgun license. A person who
fails or refuses to display the license and identification as required by
this subsection is subject to suspension of the person's license as
provided by Section 41 1.1 87.
(b) A person commits an offense if the person fails or refuses to
display the license and identification as required by Subsection (a)
after previously having had the person's license suspended for a violation
of that subsection. An offense under this subsection is a Class B
misdemeanor.
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boomerang
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Re: I have been under a rock

#14

Post by boomerang »

marksiwel wrote:I thought if you gave the officer your CHL and showed him your CHL Badge/Sash you didnt get a ticket?
The only time I ever got a warning instead of a traffic ticket was before I had a CHL.
"Ees gun! Ees not safe!"
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