What happens if you don't have your permit with you?

This is a discussion on What happens if you don't have your permit with you? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Let's just say for whatever reason* you do not have your CHL with you when a LEO discovers (however he does) your concealed gun. Are ...

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Thread: What happens if you don't have your permit with you?

  1. #1
    VIP Member Array ExactlyMyPoint's Avatar
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    What happens if you don't have your permit with you?

    Let's just say for whatever reason* you do not have your CHL with you when a LEO discovers (however he does) your concealed gun.

    Are you in big trouble? I know that if you get stopped for a traffic violation and you don't have your driver's license with you, all you have to do is bring it with you to court and the charges of driving without a license are generally dropped. Are CHLs handled differently, or do they use that as an excuse to revoke it?

    * I can think of several.
    1. you forget your wallet
    2. you lose your wallet
    3. your wallet is stolen
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  3. #2
    VIP Member Array cdwolf's Avatar
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    In mississippi its just a $25 fine since your d.l. # and permit number are the same when they call it in they will see you do have a permit
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    Good question and one I hadn't thought about. Regarding your wallet, I think it's a good idea to make copies of your CHL and DL for safe-keeping at home, I'm told that a copy of your credit cards is a good idea too. If your wallet is stolen or lost, at least you'd have your copies (CHL/DL)with you until you can get replacements.

    However, whatever happens will be on the discretion of the leo at the time.
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    Member Array LSCurrier's Avatar
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    In NY you would be arrested.

    Also, you would be arrested if you did have your concealed carry license and had a handgun which is not explicitly listed on you license. This stinks!! Suppose my wife and I have the same make and model handgun and I grab hers by accident? In NY I would be breaking the law.

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  6. #5
    Ex Member Array ibez's Avatar
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    In some states, its a misdemeanor, you are summoned to court
    if you can bring the permit to the court at least 24 hours before your court date, then your case is dismissed

    some states.

    ATF Online - Publication 5300.5: State Laws and Published Ordinances - Firearms
    or entire US in .pdf format
    firearms-statelaws-26thedition-atf_p53005.pdf

  7. #6
    Senior Member Array stanislaskasava's Avatar
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    Multnomah County:

    "It is a Class A Misdemeanor if you are charged with "Unlawful Possession of a Firearm". You must carry your CHL whenever you carry a concealed handgun to avoid this.

    ...

    ALWAYS CARRY YOUR CHL WHEN YOU CARRY YOUR CONCEALED WEAPON. To insure that there is never any misunderstanding when you are armed;"
    That is a quote from the Multnomah County Sheriff's Office Pamphlet.

    RE: Revocation:

    "...must have no felony convictions; must have had no misdemeanor convictions in the preceding four years; ..."
    So I guess you would have to be charged and convicted of unlawful possession before your CHL would be revoked for 4 years. I don't think claiming that you forgot your wallet is going to make an officer happy.

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    I believe here in PA - it is essential to have it on hand - NOT a copy either - the original. I expect in some cases being caught without could lead to a resolution without lasting problems - but sure not gonna test that out!

    It is certainly worth IMO as has been mentioned, to have wallet cards etc copied for ref if lost or stolen but - essential IMO to have permit on person at all time carrying. Ours is dedicated - not tied in with DL.
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    Distinguished Member Array morintp's Avatar
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    Quote Originally Posted by lscurrier View Post
    In NY you would be arrested.

    Also, you would be arrested if you did have your concealed carry license and had a handgun which is not explicitly listed on you license. This stinks!! Suppose my wife and I have the same make and model handgun and I grab hers by accident? In NY I would be breaking the law.

    Luke
    The sad thing about all that is when you told the officer what the mixup was, he'd go find your wife to arrest her too.

    I don't have a CHL, so I don't have to worry about getting caught without it. I just wish we had some sort of voluntary license like Alaska so that we could carry in states like SC.

  10. #9
    VIP Member Array ccw9mm's Avatar
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    In Oregon, you're required to be in personal possession of your CHL at any time you're carrying, else you're subject to arrest for a class A misdemeanor, given that not having it is deemed by the state as proof that you're unlicensed to carry. If it ends up being revoked for that, then you're on ice for another 4yrs before you can apply again. Despite the fact that you are, indeed, licensed. Stupid, but it's the law as of today.


    166.250 (4) Unlawful possession of a firearm is a Class A misdemeanor.

    166.262 Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370. A peace officer may not arrest or charge a person for violating ORS 166.250 (1)(a) or (b) or 166.370 (1) if the person has in the person’s immediate possession a valid license to carry a firearm as provided in ORS 166.291 and 166.292.

    166.291 Issuance of concealed handgun license; application; fees; liability.
    (1) The sheriff of a county, upon a person’s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person:

    (h) Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295, of a misdemeanor within the four years prior to the application;
    ...

    166.292 Procedure for issuing; form of license; duration.
    ...
    (2) Failure of a person who carries a concealed handgun also to carry a concealed handgun license is prima facie evidence that the person does not have such a license.
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  11. #10
    Senior Member Array stanislaskasava's Avatar
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    Quote Originally Posted by morintp View Post
    I don't have a CHL, so I don't have to worry about getting caught without it.
    Wow, that really puts it in perspective for me.

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    Member Array Danger Mouse's Avatar
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    In VA it says "Must be carried with proper photo ID.
    But again my gun and permit is like an American Express card, I never leave home without it
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    Member Array lump532's Avatar
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    Quote Originally Posted by lscurrier View Post
    In NY you would be arrested.

    Also, you would be arrested if you did have your concealed carry license and had a handgun which is not explicitly listed on you license. This stinks!! Suppose my wife and I have the same make and model handgun and I grab hers by accident? In NY I would be breaking the law.

    Luke
    In NY two people can have the same gun registered. I would suggest you dual register all your firearms. It can also prevent complications if anything should ever happen to one of you.

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    Ex Member Array FN1910's Avatar
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    Quote Originally Posted by exactlymypoint View Post
    Let's just say for whatever reason* you do not have your CHL with you when a LEO discovers (however he does) your concealed gun.

    Are you in big trouble? I know that if you get stopped for a traffic violation and you don't have your driver's license with you, all you have to do is bring it with you to court and the charges of driving without a license are generally dropped. Are CHLs handled differently, or do they use that as an excuse to revoke it?

    * I can think of several.
    1. you forget your wallet
    2. you lose your wallet
    3. your wallet is stolen

    Generally is a big if. I know that in SC that without your DL, Registration and Proof of Insurance they can make you park beside the road until you can provide proof of it and then will still be a fine. If you don't have you CWP they can carry you to jail until you are released on bond. They normally don't go that far but it has happened in some cases and is an option. You are required to have your CWP if you are in a situation that requires it so if you forget your wallet you better not be carrying. When you meet court the judge may be nice and drop the charges but don't count on it.

  15. #14
    VIP Member Array farronwolf's Avatar
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    In Texas you are required to have your CHL with you when your carrying.

    Now here is the tricky part. Since back in September you don't have to have a permit to carry a loaded concealed pistol in your auto. I don't know where this leaves CHL persons.

    I would take the weapon off of my person, place it in the auto someplace concealed and return to my home to get my permit. If your not in your vehicle you would need to unload, remove the weapon from your person and then figure out a way to get back to your permit without breaking the law.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  16. #15
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    In Florida, it's a $25 civil (non-criminal) fine.

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