Re: the requirement to keep CHL on your person

What should be on the 2007 agenda for CHL's?

Moderator: Charles L. Cotton

Re: the requirement to keep CHL on your person

Postby Andiceman » Wed Jul 19, 2006 8:03 am

The actual license, that is.

Last night I went for a walk with my dog and tucked my CHL and DL in my pocket as I didn't want to carry my full wallet. I notice this morning once I get to work that I hadn't put them back in my wallet, so today I don't have my CHL and my DL on my person. My understanding is that I now can't carry today. If I did carry and got "caught" I'd be in big trouble (can someone tell me exactly what the penalties would be? Arrest? Loss of CHL?).

I propose that in 2007 the law be changed to either permit carry without physical possession of your CHL or that the penalties for doing so be reduced to a minor administrative penalty. Sure, slap my hand with a $25 fine for the hassle. Don't throw me in jail or take away my CHL.

I don't have to carry my CPA license on my person to do accounting work and Chas doesn't need to carry his license to practice law around to do his job. Why should we be subject to severe penalties because we forgot our wallet or if our wallet was lost or stolen?
Andiceman
Member
 
Posts: 51
Joined: Fri Nov 18, 2005 11:14 am
Location: Austin, Texas

Postby Piney » Wed Jul 19, 2006 9:00 am

Greetings--
I"ll add my second to that-- reduce the penalties.


I frequently forget my licence (and CHL) in the boat or I forget to put them in *shaking head*. I decided to try this-- I made a copy of my DL and CHL. I had them laminated together. I now just keep them in the boat. Hopefully that'll work if I happen to get stopped onthe water and dont have the real ones.

On similar note-- I also keep a copy of my CHL and copies of some legislation in the glove box in case an uninformed LEO gets picky.
Piney
Senior Member
 
Posts: 501
Joined: Mon Nov 14, 2005 8:42 am

Postby propellerhead » Wed Jul 19, 2006 9:49 am

I've heard of people suggesting copies of the licenses. Having a copy can't be worse than not having it on you at all.

I also heard a suggestion to have a copy of the DL, CHL, auto insurance all on one sheet tucked in the visor in front of your face. If you get stopped by a traffic LEO, you can hand them one sheet and tell them you can dig through your wallet and glove box for each individual item if the LEO wishes you to do so.
propellerhead
Senior Member
 
Posts: 917
Joined: Tue May 09, 2006 9:12 am
Location: The part of Texas that isn't like Texas

Postby Charles L. Cotton » Wed Jul 19, 2006 10:40 am

Andiceman:
I agree with you, the penalty should be reduced to a Class C with a $25 fine. Since CHL's can be checked by a LEO having the dispatcher run your DL by number, or by name and DOB, it is easy to verify "at the scene."

It's also a violation not to have your TDL on you, but LEO's routinely check by number, etc. when a driver doesn't have it on them, so I don't think it's a major inconvenience for them to do so for a CHL.

Chas.
User avatar
Charles L. Cotton
Site Admin
 
Posts: 12764
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX

Postby ElGato » Wed Jul 19, 2006 11:09 am

+1 :thumbsup: a good one for the list.
http://www.tomestepshooting.com
I'm better at retirement than anything I have ever tried. Me
Young People pratice to get better, Old folk's pratice to keep from getting WORSE. Me
ElGato
Senior Member
 
Posts: 1066
Joined: Sun Dec 26, 2004 7:35 am
Location: Texas City, Texas

So what is the penalty if you are caught?

Postby Andiceman » Wed Jul 19, 2006 1:06 pm

So what is the penalty if you are caught without it on your person?
Andiceman
Member
 
Posts: 51
Joined: Fri Nov 18, 2005 11:14 am
Location: Austin, Texas

Postby cyphur » Wed Jul 19, 2006 1:51 pm

GC §411.187. SUSPENSION OF LICENSE. (a) A license may be
suspended under this section if the license holder:
(1) is charged with the commission of a Class A or Class B
misdemeanor or an offense under Section 42.01, Penal Code, or of a
felony under an information or indictment;
(2) fails to display a license as required by Section 411.205;
(3) fails to notify the department of a change of address or name
as required by Section 411.181;
(4) carries a concealed handgun under the authority of this
subchapter of a different category than the license holder is licensed to
carry;
(5) fails to return a previously issued license after a license is
modified as required by Section 411.184(d);
(6) commits an act of family violence and is the subject of an
active protective order rendered under Title 4, Family Code; or
(7) is arrested for an offense involving family violence or an
offense under Section 42.072, Penal Code, and is the subject of an
order for emergency protection issued under Article 17.292, Code of
Criminal Procedure.
(b) If a peace officer believes a reason listed in Subsection (a) to
suspend a license exists, the officer shall prepare an affidavit on a
form provided by the department stating the reason for the suspension
of the license and giving the department all of the information available
to the officer at the time of the preparation of the form. The officer shall
attach the officer's reports relating to the license holder to the form and
send the form and the attachments to the appropriate division of the
department at its Austin headquarters not later than the fifth working
day after the date the form is prepared. The officer shall send a copy of
the form and the attachments to the license holder. If the license
holder has not surrendered the license or the license was not seized
as evidence, the license holder shall surrender the license to the
appropriate division of the department not later than the 10th day after
the date the license holder receives the notice of suspension from the
department unless the license holder requests a hearing from the
department. The license holder may request that the justice court in
the justice court precinct in which the license holder resides review the
suspension as provided by Section 411.180. If a request is made for
the justice court to review the suspension and hold a hearing, the
license holder shall surrender the license on the date an order of
suspension is entered by the justice court.


(c) A license may be suspended under this section:
16 GC §411.188. TEXAS CONCEALED HANDGUN LAWS
(1) for 30 days, if the person's license is subject to suspension for
a reason listed in Subsection (a)(3), (4), or (5), except as provided by
Subdivision (3);
(2) for 90 days, if the person's license is subject to suspension for
a reason listed in Subsection (a)(2), except as provided by Subdivision
(3);
(3) for not less than one year and not more than three years if the
person's license is subject to suspension for a reason listed in Subsection
(a), other than the reason listed in Subsection (a)(1), and the
person's license has been previously suspended for the same reason;
(4) until dismissal of the charges if the person's license is subject
to suspension for the reason listed in Subsection (a)(1); or
(5) for the duration of or the period specified by:
(A) the protective order issued under Title 4, Family Code, if
the person's license is subject to suspension for the reason listed in
Subsection (a)(6); or
(B) the order for emergency protection issued under Article
17.292, Code of Criminal Procedure, if the person's license is subject
to suspension for the reason listed in Subsection (a)(7).





Looks like 90 days the first time, 1 year the second time.
Last edited by cyphur on Wed Jul 19, 2006 1:52 pm, edited 1 time in total.
"All that is necessary for the triumph of evil is that good men do nothing." ~ Edmund Burke
"Despite what your momma told you, violence does solve problems." - Ryan Job, SEAL Team 3
cyphur
Senior Member
 
Posts: 1178
Joined: Fri Jun 23, 2006 10:02 am
Location: Flower mound, Tx

Re: So what is the penalty if you are caught?

Postby nitrogen » Wed Jul 19, 2006 1:51 pm

Andiceman wrote:So what is the penalty if you are caught without it on your person?


EDIT: Dang, cyphur, we're even now.

First violation - 90 day suspension of CHL
Second violation - Class B misdemeanor (revocation and at least a 5 year wait for another CHL)

§6.43. FAILURE TO DISPLAY LICENSE ON DEMAND. If a license
holder is carrying a handgun on or about the license holder’s person,
then upon demand by a magistrate or a peace officer 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. The first
violation shall result in a 90-day suspension of the license holder’s
license and the second violation is a Class B misdemeanor under the
Act
יזכר לא עד פעם
Remember. Never Again.
It isn't what we don't know that gives us trouble, it's what we know that ain't so.
--Will Rogers
User avatar
nitrogen
Senior Member
 
Posts: 2299
Joined: Wed Dec 21, 2005 1:15 pm
Location: Sachse, TX

Postby Andiceman » Wed Jul 19, 2006 2:10 pm

Thanks for the info, guys.
Andiceman
Member
 
Posts: 51
Joined: Fri Nov 18, 2005 11:14 am
Location: Austin, Texas


Return to Goals for 2007

Who is online

Users browsing this forum: No registered users and 1 guest