FYI Texas CHL Holders

This is a discussion on FYI Texas CHL Holders within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; For all of my fellow Texas CHL holders, I have a quick bit of information for you guys. Now, I may be the only one ...

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Thread: FYI Texas CHL Holders

  1. #1
    Member Array GlockinItUp's Avatar
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    FYI Texas CHL Holders

    For all of my fellow Texas CHL holders, I have a quick bit of information for you guys. Now, I may be the only one that didn't know this but when the police run your license, your CHL shows up. How do I know you may ask? I was stopped on Texas A&M's campus where I am a teacher/student. I was dropping my fiance off at a building, and since the building is relatively far from the street, I drove down a walkway to get her closer to the building (don't like her walking that far at night by herself). I know driving on a walkway sounds a little crazy, but SO many people do it, and I've done it several times before. Well tonite when I did it campus police pulled up behind me and took my license, insurance, etc. Stupid me, I forgot that my gun was under the seat, and didn't notify (I know how stupid that was so don't beat me up too bad). When I remembered I was gonna tell her, but she came back to the car and asked me if I had it before I could get a word out. I told her yes, it was under the seat, and she said: make sure it stays there. To make a long story short, I got a warning for driving on a sidewalk, was lucky enough that the officer never said anything about not notifying, am still kicking myself in the butt for forgetting, and will park and walk her there myself next time

    The lesson: never forget to notify, because they will find out

    Happy shooting!!!
    Gun control is hitting what you aim at...

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  3. #2
    Member Array Eddie A.'s Avatar
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    That's a good bit of information. I had heard that it was like that in some places, but didn't realize that Texas was one of those places. BTW, don't beat yourself up too bad, your are human so you'll forget thing from time to time. Just try harder next time.

    Eddie
    "I'd rather have my gun and not need it, than need it and not have it"

  4. #3
    VIP Member Array rodc13's Avatar
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    Your CHL class instructor did you a gross injustice if you did not know the requirement to produce your license to an LEO if you are stopped for a violation while carrying. It should have been drilled into you as part of the basics. Any time your drivers license is run, it will show up that you also hold a CHL. It's a good habit to just always produce it if you're stopped, even if you're not carrying. You are quite fortunate that you were not cited. I would think that a KK would especially like to nail you on it. Now would be a good time to review the concealed carry statutes so you don't get caught short again.
    Cheers,
    Rod
    "We're paratroopers. We're supposed to be surrounded!" Dick Winters

  5. #4
    Senior Member Array hsuCowboy98's Avatar
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    Your CHL class instructor did you a gross injustice if you did not know the requirement to produce your license to an LEO if you are stopped for a violation while carrying. It should have been drilled into you as part of the basics.
    +1

    They do know, and they will ask. It is cross referanced with your D/L.

    Glad nothing came of the stop.
    Fear No Evil.

  6. #5
    Member Array Eddie A.'s Avatar
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    I don't beleive anything was said about our instructors failing to tell us to produce both DL and CHL when stopped, I know mine did. We just didn't know that it came up on the LEO's screen when they run our plates. No gross injustices were commited.

    Eddie
    "I'd rather have my gun and not need it, than need it and not have it"

  7. #6
    Senior Member Array Timmy Jimmy's Avatar
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    It was actually on my test, and I am almost positive if you do not give your CHL to the cop when you are asked for ID and you are carrying that you can be have your CHL taken for 3 months the first time and 6 months the second and totally revoked the 3rd time.

    Edited:

    GC 411.187 Suspention of license A License may be suspended under this section if the holder:

    (2) fails to display a license as required by section 411.205


    411.205 states: Displaying License; Penalty, requires a license holder carrying a concealed handgun on or about their person to display the driver license and concealed handgun license on demand for identification from a peace officer or magistrate.
    Last edited by Timmy Jimmy; August 2nd, 2006 at 01:52 AM.
    Timmy Jimmy

    If it is not in the US Constitution then the Federal Government should not be doing it.

    "Carrying a gun is a social responsibility."

  8. #7
    Member Array TC-TX's Avatar
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    Yep - this is a No-No... It is a good habit to ALWAYS present your DL & Your CHL at the same time... ALWAYS.

    HOWEVER - with the new Texas Vehicle Carry amendment (the traveling principle as a defense to prosecution) - AS I UNDERSTAND IT - since the firearm was not on your person outside of your vehicle, and you did not present your CHL, you COULD carry as you were and NOT be in violation of anything.

    You could simply claim that you were carrying IN YOUR CAR - NOT under the authority of your CHL - but under the traveling proviso of the State Code.

    I will check this out next week while I am at DPS in Austin... I am sure they have an opinion!
    Semper Fi ~

    Eagle Scout 1975
    U.S.M.C. 1978-84
    Commercial Pilot
    Texas CHL Instructor
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    NRA Certified Instructor
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    www.TexasArmament.com

  9. #8
    Senior Member Array Timmy Jimmy's Avatar
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    TC

    I will be interested in what DPS says but I will disagree with you in a friendly way on both of those points.

    1. If you have a CHL and the weapon is within reach I don't think you can claim I was using the Travel Rules, I think the CHL rules trump the travel rule mostly when it is in Black and White Sectiojn 411.205.

    2. When Terry Keel (who is my state rep) put the Travel Law Bill together his intent was for anyone to carry in their car and you could call it traveling. The problem is a number of DAs have said that if you are going to 7-11 that is not traveling (I would say taking your girl to a class would be seen just like going to 7-11). I am not sure about the DA over in AGGIE country but the one in Houston and Austin have told the LEOs to arrest people if they are not traveling using the old definition of traveling (which is something about passing through 2 counties and over night and some other stuff) and they will prosecute and let the court decide.
    Timmy Jimmy

    If it is not in the US Constitution then the Federal Government should not be doing it.

    "Carrying a gun is a social responsibility."

  10. #9
    Member Array TC-TX's Avatar
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    Quote Originally Posted by Timmy Jimmy
    TC

    I will be interested in what DPS says but I will disagree with you in a friendly way on both of those points.
    Me too - like i said - As I Understand It at this time...

    Point 1 - I remember the term ON OR ABOUT ONE'S PERSON is the part to deal with... Like i said in my original post - as long as it was not on him... Like I said - I am not sure...

    Point 2 - I have heard and read of the various DA's positions. The problem is A) Most DA's - the ones I have talked to - believe this is in violation of the Office they hold... and B) The law clearly states that if none of the 4 conditions exist, it is not prosecutable. INNOCENT until proven Guilty - WOW! What a Concept!!!

    I KNOW - even if you win in court, this does not do away with the hassles, cost of defense, etc. I AM CERTAIN this will soon have it's own defining moment for clarification.

    We will find out next week for sure...
    Semper Fi ~

    Eagle Scout 1975
    U.S.M.C. 1978-84
    Commercial Pilot
    Texas CHL Instructor
    Certified Flight Instructor
    NRA Certified Instructor
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    TSRA Member

    www.TexasArmament.com

  11. #10
    Member Array HighVelocity's Avatar
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    Had you given the Officer your DL, CHL and Insurance, you probably wouldn't have gotten anything except a little lecturing.
    I have been pulled over 3 times since I got my CHL and was let go every time.

  12. #11
    Member Array fuclosure's Avatar
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    all of the the traveling requirments under the travel proviso are unnecessary if you just present your chl.

  13. #12
    Senior Member Array Ride4TheBrand's Avatar
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    Quote Originally Posted by fuclosure
    all of the the traveling requirments under the travel proviso are unnecessary if you just present your chl.
    True that.

    While the provisions of the newly established definitions of "traveling" might be in effect, when it comes right down to it, the officer who stopped you still has alot of discretionary leeway. He can take it either way.

    The license negates this discretion when presented properly and in a timely manner.
    "We must remember that one man is much
    the same as another, and that he is best
    who is trained in the severest school."
    ~Thucydides, History of the Peloponnesian War

  14. #13
    Member Array exit42's Avatar
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    I have also been stopped several times since I've had my CHL and have not recieved a ticket. It let's the police know right away your are not a bad guy and usually they want to talk about what your carrying. I have a friend that works late and gets stopped quite a bit and the same thing happens to him. It also makes a great 2nd ID.
    ...one jagged hole!

  15. #14
    Member Array exit42's Avatar
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    nuts ...received(bad spelling), duh.
    ...one jagged hole!

  16. #15
    Member Array 40FIVER's Avatar
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    I may forget where I put my reading glasses, but I NEVER forget where my guns are.

    I am glad you only got a lecture. +1 for that campus cop. Buy her a cup of coffee and a donut.

    And shame on that CHL instructor for not hammering that into your head.
    Charlie - 40FIVER

    Why I carry:
    "The heart is deceitul above all things, and desperately wicked: who can know it?
    Jeremiah 17:9

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