Out of state CHL

[gwtrikenut]

If I live in Texas, can I have just a Florida CHL? Or must I have a Texas CHL first, because that is my home state.

The reason I ask is, a couple of us were having a discussion over this. One friend said he was taking his Florida CHL. I asked was he moving? He said no. But was told since Florida accepts the Texas CHL, and it only takes 4 hours for the Florida one, he was getting it instead. I may be wrong, but I don't think that is how it works.

[Keith B]

Yes, you can get a non-resident license from another state (like Florida) that is recognized by Texas and carry on it.

However, this is the exact reason that Utah just changed their law that you must have a permit from your home state first. Other states like Florida and Colorado actually will not let you carry on a non-resident license from another state. Example, you live in Texas but have a Arizona license, and you will not be allowed to carry in Colorado or Florida even though they recognize that states resident licenses.

Bottom line, the practices of the some of the instructors who are using the non-resident licenses to usurp the Texas license is causing a lot of conflict, and actually caused Lon Burnham, a Rep from Fort Worth to introduce legislation last session to prohibit non-resident licenses from being recognized in Texas. It didn't make it off the ground, but it was introduced.

And, there are limitations to the license for Texas. He will NOT be able to legally go within 1000' of a school with a non-resident license, other states may not recognize it (as mentioned above) and you get no NICS bypass when buying a gun. I would suggest to your friend that he get a Texas resident license and that takes care of any confusion and gives him the extra privileges.

[gwtrikenut]

So, if you have a Florida CHL and a Texas drivers license, but no Texas CHL and are stopped for anything that would require you to show your drivers license and CHL, would the Texas officer allow the out of state CHL by a Texas resident? Or would he maybe arrest you for carrying without a license?

What say any DPS officers?

[Teamless]

would the Texas officer allow the out of state CHL by a Texas resident?

in Texas it is legal to carry on an out of state CHL/CCW/CCL
However you are limited in where you can carry.
In Texas, if you carry on an out of state license, as Keith mentioned, you cannot carry within 1000 feet of a school. With a Texas CHL, you can. This is only one of the issues.
You may think to yourself, "how often do i need to go to a school".... Well, 1000 feet, that is 2/10ths of a mile. Do you ever drive down the road past one? Well, you are within 1000 ft

What Keith was saying, is some states do not recognize out of state licenses if they are not from the resident state of the person.

[apostate]

So, if you have a Florida CHL and a Texas drivers license, but no Texas CHL and are stopped for anything that would require you to show your drivers license and CHL, would the Texas officer allow the out of state CHL by a Texas resident? Or would he maybe arrest you for carrying without a license?

Suppose he doesn't have a Florida CWL. He would be legal to carry under MPA. Getting a Florida CWL doesn't invalidate that.

[Teamless]

Getting a Florida CWL doesn't invalidate that.

True, but in Keiths original post, he mentions that if the FL CCL holder, without a resident's state CHL was in FLORIDA - Florida would not accept that CCL.

Also, MPA does NOT cover the analogy I mentioned previously about 1000 foot school zone.

[Keith B]

So, if you have a Florida CHL and a Texas drivers license, but no Texas CHL and are stopped for anything that would require you to show your drivers license and CHL, would the Texas officer allow the out of state CHL by a Texas resident? Or would he maybe arrest you for carrying without a license?

What say any DPS officers?

To help clarify, Florida will accept their own license for a non-resident, but not others. So, if you live in Texas and have only a Florida non-resident license, you can carry in Florida, But if you have an Arizona non-resident license only they will not honor it unless you are a resident of Arizona.

And, a DPS officer should understand that you are a CHL holder and that a Florida license is a valid one, but discounting MPA, they may question you on it if they are not familiar with Texas residents carrying on another states license.

[RoyGBiv]

I lived in TX for 6 years before I got my TX CHL.
During that time I carried on my FL non-resident CHL.
I never drove (armed) within 1000 feet of any school during that time, because that would have been a violation of the Federal GFSZA.
I did not carry to Colorado during that time, because Colorado would not recognize my FL non-res CHL paired with a TX DL.
If I had a FL CHL and FL DL, no problem in Colorado
If I had a TX CHL and TX DL in Colorado, no problem.
Also during this time I was pulled over in TX once. I showed the officer my TX DL and FL CHL and all was cool (I did not get a ticket).

I got my TX CHL last year because I found that I was traveling more frequently to Colorado and wanted to carry in Colorado, and I have also enjoyed not having to worry about school zones while carrying in TX with a TX CHL.

This is just my experience. This is NOT legal advice.

[tacticool]

Also, MPA does NOT cover the analogy I mentioned previously about 1000 foot school zone.

Has anyone ever been arrested for driving in a school zone with a gun covered by MPA?

[denwego]

Also, MPA does NOT cover the analogy I mentioned previously about 1000 foot school zone.

Has anyone ever been arrested for driving in a school zone with a gun covered by MPA?

Exactly.

There's an awful lot of internet talk from the past year about out of state licenses and that federal law. You know, the federal law that was already struck down once as unconstitutional before Heller, which isn't and indeed can't be enforced by state or local LEOs or judges, which was recently stated by a federal prosecutor to be a dead letter, and which clearly operates against what the Texas legislature has enacted time and again with the MPA, §46.035's definition or premises, and §46.11's intent of punishing people who actually break a law. Yeah, that one. You wouldn't catch me worrying about it too much, and I'm a BIG stickler for knowing about and respecting obscure laws. Of course, now that I've spoken against the federals, I'll be charged under the Alien and Sedition Acts of 1798 or the Espionage & Sedition Acts of 1917 and 1918, which, incidentally, are also partially on the books despite being grossly unconstitutional.

But let me go back into online gun forum mode...

"GFZA with an out of state permit?!?!"

OMG!!!

I think we'll all survive somehow

[denwego]

A reply to my own post:

I think people keep talking about the federal GFZA because of a handful of state laws which mirror or substantially duplicate it; California and Wisconsin jump to mind. Since states have almost unlimited police power within their own constitutional limits, they don't need to jump through the same constitutional hoops as the federals with their laws (right now - incorporation of the federal 2nd via the 14th wherein actually bearing arms outside the home would stop them, but we're not quite there yet). California doesn't have a state constitutional provision to keep and bear arms, so until the 2nd is incorporated for carrying weapons, they literally don't have a protected right to do so and California's courts keep saying their GFZA is A-OK. Wisconsin luckily wised up this past year and bumped their state offense from a felony to a fine, and that one will probably be tossed in a few years anyways.

My heart goes out to those suffering under repressive state laws, but the federal law... not a concern of mine.

[gwtrikenut]

in Texas it is legal to carry on an out of state CHL/CCW/CCL
However you are limited in where you can carry.
In Texas, if you carry on an out of state license, as Keith mentioned, you cannot carry within 1000 feet of a school. With a Texas CHL, you can. This is only one of the issues.[/quote]

Where in the Texas law does it say 1000 feet from a school? The reason I am asking is I have a friend who is not getting his Texas CHL because of the price and years license if valid. But is getting a Florida chl. I wonder why would your resident state allow you to carry a chl from another state, but not carry one from your own state?

[sjfcontrol]

Where in the Texas law does it say 1000 feet from a school? The reason I am asking is I have a friend who is not getting his Texas CHL because of the price and years license if valid. But is getting a Florida chl. I wonder why would your resident state allow you to carry a chl from another state, but not carry one from your own state?

It's not in the Texas law, it's in federal law. The GFSZ act specifically states that the law does not apply if you have a license from the state in which the school zone exists. Since the school zone act is a federal law, it needs a federal exception.

[gwtrikenut]

Thanks for the responses. I was able to get on the internet and find the federal law on this matter. I also showed my friend the law and told him it was actually up to him how he proceded, but I would not do it just to save a few bucks. Not worth the trouble if one got stopped for speeding through a school zone that you were not supposed to be in. And since he was only doing it so he would not have to spend the 10 hours for training and the few bucks he would save. But to each his own. Thank all of you for your help.

[sjfcontrol]

FYI -- it would be unlikely to happen they way you describe. Local law enforcement cannot enforce federal law, it takes a federal officer to do that. Usually, the GFSZ violations are implemented as an "add on" charge for something more serious than speeding thru a school zone.

It is more likely to be subsequent to a drug-dealing arrest within 1000 feet of a school, where the offender was armed. Then, after arrest, the locals can contact the feds and ask if they'd like to "add on" the firearm violation to the other charges.

Not to say it CAN'T happen as you describe, but it'd be unlikely.