Concealed carry without having your permit in your possession

Concealed carry without having your permit in your possession

This is a discussion on Concealed carry without having your permit in your possession within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I live in Texas and wanted to know if it's legal to conceal carry without having the permit on one's person. The state has indicated ...

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Thread: Concealed carry without having your permit in your possession

  1. #1
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    Concealed carry without having your permit in your possession

    I live in Texas and wanted to know if it's legal to conceal carry without having the permit on one's person. The state has indicated that they have mailed the permit but it hasn't been received yet. I believe that Texas law has changed so that one doesn't have to inform an LEO that they have a CHL if stopped for any reason. But just like someone can get a ticket for driving without a license, if they don't have the license on them when stopped, does the law allow someone who is legally allowed to carry concealed to do so without having the permit on their person?
    Ben

    Cogito, ergo armatum sum. I think, therefore I am armed. (Don Mann, The Modern Day Gunslinger; the ultimate handgun training manual)



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    Ex Member Array azchevy's Avatar
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    TxDPS - CHL Related Laws

    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.

  3. #3
    Ex Member Array azchevy's Avatar
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    More:

    TxDPS - CHL FAQs

    No. You must have a valid license in your possession to carry a concealed handgun on or about your person outside the confines of your home or vehicle. However, the exception to this answer is the concealed handgun may be carried in your vehicle as long as you comply with the requirements of Section 46.02, Texas Penal Code.

    So the answer is: You must have a valid license IN YOUR POSSESSION to legally carry concealed outside of your home or vehicle.

    of course info given on an internet forum should be taken with a grain of salt and a call to the issuing agency will clear up any confusion.

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    Member Array redbeardsong's Avatar
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    Read, study, re-read, and KNOW your state and local carry laws. It is your responsibility.

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    There is a difference between walking out of the house, having honestly forgetting your wallet with your permit, and willfully breaking the law by carrying when you know you haven't received your permit yet. I'm sure a judge would view the 2 differently as well.

    While I understand your in a hurry to get your permit and start carrying. Be patient and wait for your permit to arrive.
    Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.

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  6. #6
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    Thanks for your answers. I will wait for the permit to arrive.
    9MMare likes this.
    Ben

    Cogito, ergo armatum sum. I think, therefore I am armed. (Don Mann, The Modern Day Gunslinger; the ultimate handgun training manual)


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    Senior Member Array rolyat63's Avatar
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    The intent is the intent and that is not limited to forgetfulness, bet it doesn't even mention forgetfulness. In FL it's a non criminal 25 "penalty". You are supposed have it but, if you don't 25 bucks is the penalty. Know your local law. I don't advise carry without the cred but the point is to know your local law and the penalty. Read below, the nuance is you could have your permit and not your valid/proper identification and still be subject to the "penalty" and maybe two if you were driving at the time.


    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0790/SEC06.HTM&Title=->2000->Ch0790->Section%2006#0790.06

    790.06 License to carry concealed weapon or firearm.--

    (1) The Department of State is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 5 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
    rolyat63
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    A gun in the hand is a million times more valuable than a cop on the phone!

    FL Concealed Weapon or Firearm Program

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    Yes I agree with others' in that you should wait until the permit arrives. You made it this far without it, so a few more days is just a few more days. I recall leaving the house without it and I did not race right home. However, you know what they say about Murphy's Law.
    “Monsters are real and so are ghosts. They live inside of us, and sometimes they win.”
    ~ Stephen King

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    Member Array chris2011's Avatar
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    Have to have your CHL in hand.

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    Member Array gruntingfrog's Avatar
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    Oh, and Texas is still a must inform state (see quote from law above). I don't know where you heard otherwise, but make sure you do or risk losing your CHL.
    Everybody has a plan until they get punched in the face.
    - Mike Tyson

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    Member Array The Dark's Avatar
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    Quote Originally Posted by redbeardsong View Post
    Read, study, re-read, and KNOW your state and local carry laws. It is your responsibility.
    This...these days state laws are online. Don't rely on others' interpretation on them on an internet forum.
    "To predict the behavior of ordinary people in advance, you only have to assume that they will always try to escape a disagreeable situation with the smallest possible expenditure of intelligence." Friedrich Nietzsche

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    Distinguished Member Array shadowwalker's Avatar
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    If your not sure by reading your state law call the Atty. Gen. office and get info from the horses mouth. I went to the northwest and prior to the trip I made calls to make sure I stayed legal, one thing is if you carry a back-up make sure that you can because in New Mexico you can only carry one gun

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    Senior Member Array sdprof's Avatar
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    Quote Originally Posted by gruntingfrog View Post
    Oh, and Texas is still a must inform state (see quote from law above). I don't know where you heard otherwise, but make sure you do or risk losing your CHL.
    referring to
    ...must display both the license and proper identification upon demand by a law enforcement officer.
    That's not a "must inform" law. That's a shall inform when asked law.

    Here's a Must Inform law (Ohio)
    If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then is carrying a concealed handgun;
    ~~~~~
    The only common sense gun legislation was written about 224 years ago.

    I carry always not because I go places trouble is likely, but because trouble has a habit of not staying in its assigned zone.

  14. #14
    Member Array gruntingfrog's Avatar
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    That's why that video of the Ohio officer is troubling. It demonstrates a real issue about whether you follow instructions to shut up or disobey and inform. It's effectively the same thing though. When was the last time you were pulled over and the officer didn't ask for your driver's license? Texas is just more detailed about what classifies "official interaction" which is good for us. Ambiguity in law sucks.
    Everybody has a plan until they get punched in the face.
    - Mike Tyson

  15. #15
    New Member Array Gen7's Avatar
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    the penalty has been removed from the "failure to inform" requirement. So, although you are required to inform an officer if you're carrying and produce the license, if you do not do this, there is no penalty. So effectively, there is no requirement to inform in Texas any longer.

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