TexasCHLforum.com

...first...the law on carrying a weapon is NOT exclusively contained in Chapter 46 of the Penal Code...you might read the title of Texas GC 411 Subchapter H...that is a whole other section of laws on carrying a weapon WHEN YOU HAVE A CHL...which both of those whose questions I was answering have...

...you are talking about some things totally different from what the OP and Reserve 161 were talking about and asking about...and my answer applies to them...46.02 does not...though some here try to take 46.02 as a way to relieve them from even showing their CHL...which it does not...both were asking about HAVING a CHL and being stopped by an LEO...

...at the time you're issued your CHL, according to GC411.205, anytime an LEO asks for your ID or DLic, you must provide your CHL also, if a handgun is on or near you...including in the car close at hand...so a CHL holder can't say "I'm carrying legally in my car under MPA, and I don't have to show my CHL"...by having a CHL, he takes himself out from under 46.02, as you see in 46.15 (b)(6)...which further makes my point...one can't claim exemption from 46.02 because he has a CHL, without incurring the responsibilities demanded by GC411.205...can't have it both ways..."having a CHL is irrelevant to carrying in a car" is not a true statement if the car is not yours or under your control, your CHL is what MAKES IT LEGAL for you to carry in that car, and, though you are carrying in your car...you still HAVE a CHL ...and are subject to GC411Subchapter H...in this case 411.205...which is what the two questions and my replies were answering...


...you have a CHL...when you have a handgun on or about your person, you must display CHL along with any other demanded ID...whether you're in your car or on the street...or in your home...neither of the above members were questioning that...and to offer them 46.02 to "moot" their questions is wrong...and encourages them to break 411.205...that was what I said...the law couldn't be clearer...


...1)Do you have a CHL?
...2)Do you have a handgun on or about your person(including in your car within reach)?

...if the answer to 1) and 2) are YES,then
...3)You must, when asked for ID by an LEO, display your CHL...you can't claim you're under MPA and say you don't have to...

...which was the whole point of contention...LEOs and security guards and at home just kinda got shovelled on in there...I didn't address them...

...so where do we disagree??? 46.02 or 46.15 have nothing to do with their questions...or my answers to them...

hillfighter wrote:

speedsix wrote:...both the OP and Reserve161 have CHLs...and are carrying under the CHL if stopped...not MPA...as the cited law states...regardless of which quality of cop stops him...according to the law governing those who are "...license holders..."...having a CHL...when you read the law...someone carrying in a car who has a CHL is NOT carrying under MPA...the law is the final answer...

If someone with a CHL is always carrying under the authority of their CHL, then how can a police officer or bank guard with a CHL legally get away with intentionally failing to conceal on duty and in uniform? That would be simple if the CHL didn't automatically trump LEO, MPA, ETC. However, I hear many senior members saying the law says someone with a CHL is always carrying under the CHL, so I'm confused. Can someone please quote the specific laws involved because that's not what I was taught in my class. Thanks a lot.

...already did...GC411.205 says" 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."

...can't get any clearer than that...(doesn't address police officers or bank guards, who are clearly covered in other parts of the law...nobody here said that the CHL trumps LEO)...but the law does say that if you hold a CHL...you SHALL display it everytime a LEO asks to see your ID, if you have a handgun on or about your person...which includes within reach inside the passenger area of the car you're in...we get to choose MPA or CHL ONLY until the CHL is issued...then we're under GC411.205 if we have a handgun with us...

...we can be "taught" a lot of stuff...but the law is the truth...and the truth can make us free, but, more importantly, can KEEP us free...

[quote="tacticool"]According to 46.02, he's legal to carry under MPA whether or not he has a CHL, the state that issued the CHL, or his state of residence. However, I admit it's true that the question whether or not a cop hassles him depends whether the cop is a competent professional or a halfwitted bully. The good news is Texas seems to have a lot fewer of the latter type compared to some neighboring states.
Last edited by tacticool on Mon May 28, 2012 7:05 pm, edited 1 time in total. "


...both the OP and Reserve161 have CHLs...and are carrying under the CHL if stopped...not MPA...as the cited law states...regardless of which quality of cop stops him...according to the law governing those who are "...license holders..."...having a CHL...when you read the law...someone carrying in a car who has a CHL is NOT carrying under MPA...the law is the final answer...

tacticool wrote:

speedsix wrote:

gringo pistolero wrote:Reading 46.02 would quickly answer the question for anyone who cares about the law.

...46.02 doesn't address the OP's question at all..it says nothing about the CHL...either Tx or another state's...for anyone who cares about the law...

That's because a CHL is not needed to carry in your car, rendering Reserve161's "pick and choose" question moot.

...incorrect...Reserve 161's question also involved CHL...and is not covered in 46.02...and for a CHL holder...we're bound by the CHL rules...we can't ignore the CHL laws if we have one...as has been covered extensively elsewhere...and is clearly stated in Tx GC 411.205...

gringo pistolero wrote:Reading 46.02 would quickly answer the question for anyone who cares about the law.

...46.02 doesn't address the OP's question at all..it says nothing about the CHL...either Tx or another state's...for anyone who cares about the law...

...Arizona issues licenses to qualified U.S. citizens on a shall issue basis...and automatically recognizes other states' carry permits...for a 5-year term...the Traveler's Guide doesn't make a distinction between resident or non-resident licenses...if AZ issued it to the OP...it is good for 5 years...and is recognized by TX...though questions might be asked...I see nothing to say it becomes void if an AZ resident moves, and no mention of a "non-resident" license...
...a quick search of AZ's concealed carry laws would nail that down for the OP...but it's not mentioned in the Traveler's Guide...


...amongst these FAQs from AZ website...one says another state's permit is valid in AZ till it expires...no need to immediately get an AZ permit when moving there...one says in response to the question does AZ issue a non-resident a permit that AZ issues a permit to an AZ resident or any other qualified U.S. citizen...no mention of a non-resident permit as opposed to a resident permit...they seem one and the same...there MIGHT be something in the AZ law about changing the address on the permit within 30 days as in TX law...but that can be searched out by the OP in AZ law...

http://www.azdps.gov/Services/Concealed ... stions/#22" onclick="window.open(this.href);return false;


...TX and AZ don't reciprocate under a written agreement...they reciprocate under both states' unilateral reciprocation policies...