Looks like CHL will arrive while on vacation

[drermer]

Just checked my CHL status. Background check just completed and manufacture is pending. So there's a good chance the CHL will arrive next week while I'm on vacation in southwest Texas.

So I know I can't carry concealed without the CHL but the question is, can I carry concealed in the car if I have a CHL but it's not with me?

This hiccup in the law bothered me when I took the CHL class. With no CHL I can carry concealed in the car. But the law seems to be written to make it illegal to carry concealed in the car if I have a CHL and I don't have it with me since I have to show my CHL if I have a gun "on or about my person" and I'm asked for id by a LEO.

Anybody have any thoughts?

[RX8er]

Yes, you are covered under the MPA. Just keep it concealed in the car and not on your persons.

[cw3van]

Just checked my CHL status. Background check just completed and manufacture is pending. So there's a good chance the CHL will arrive next week while I'm on vacation in southwest Texas.

So I know I can't carry concealed without the CHL but the question is, can I carry concealed in the car if I have a CHL but it's not with me?

This hiccup in the law bothered me when I took the CHL class. With no CHL I can carry concealed in the car. But the law seems to be written to make it illegal to carry concealed in the car if I have a CHL and I don't have it with me since I have to show my CHL if I have a gun "on or about my person" and I'm asked for id by a LEO.

Anybody have any thoughts?

This is just one of the many things that fall in the neither black nor white area when talking about CHL.

[drermer]

Gray area . . . pretty much what my CHL instructor said when I asked the question.

CHL went to "manufacturing" this morning. So I guess I'll be in a gray area until further notice.

[recaffeination]

Look at it this way. Most people don't have a reason to look forward to coming home from vacation.

[sjfcontrol]

Yes, you are covered under the MPA. Just keep it concealed in the car and not on your persons.

As long as you don't leave the car with it, it's "on or about your person" whether being worn or in the glove compartment.

[TDDude]

The penalty for carrying without your valid license is a 30 day suspension. 2nd offense is a class B misdemeaner.

A class B misdee is an automatic revocation with a 5 year waiting period.

Sorry man. If you're gonna carry, you need to have that thing with you like a dog tag.

[ScottDLS]

The penalty for carrying without your valid license is a 30 day suspension. 2nd offense is a class B misdemeaner.

A class B misdee is an automatic revocation with a 5 year waiting period.

Sorry man. If you're gonna carry, you need to have that thing with you like a dog tag.

You can carry in your car without a valid CHL on your person. And where do you find the 30 day suspension and class B misdemeanor in the law? If you were carrying outside your vehicle without a CHL it generally would be a class A misdemeanor.

[Zoo]

You can carry in your car without a valid CHL on your person.

Also in your home, on other property under your control, while hunting with the handgun, etc. I know you know that but maybe others don't.

And where do you find the 30 day suspension and class B misdemeanor in the law? If you were carrying outside your vehicle without a CHL it generally would be a class A misdemeanor.

I agree. UCW unless you carry the plastic or fit one of the other exceptions, like mentioned above.

[TDDude]

The penalty for carrying without your valid license is a 30 day suspension. 2nd offense is a class B misdemeaner.

A class B misdee is an automatic revocation with a 5 year waiting period.

Sorry man. If you're gonna carry, you need to have that thing with you like a dog tag.

You can carry in your car without a valid CHL on your person. And where do you find the 30 day suspension and class B misdemeanor in the law? If you were carrying outside your vehicle without a CHL it generally would be a class A misdemeanor.

Well, heck. I know I read this someplace but I can't remember or find where. I can't even find in the CHL-16 doc where it lists the 30-day suspension on the first offence. I know that most of that minor stuff such as change of address and the like has a 30-day suspension listed as the penalty but IT'S LISTED!!! I can't find the penalty for not displaying. Perhaps someone knows where it is??

I sent Tx Law shield an inquiry and maybe they can tell me. I'll probably get a quicker response from them than from the DPS. The last time I asked the DPS a tech question, they advised me to ask a lawyer.

Man, I hate it when I do this.

[JKTex]

Just checked my CHL status. Background check just completed and manufacture is pending. So there's a good chance the CHL will arrive next week while I'm on vacation in southwest Texas.

So I know I can't carry concealed without the CHL but the question is, can I carry concealed in the car if I have a CHL but it's not with me?

This hiccup in the law bothered me when I took the CHL class. With no CHL I can carry concealed in the car. But the law seems to be written to make it illegal to carry concealed in the car if I have a CHL and I don't have it with me since I have to show my CHL if I have a gun "on or about my person" and I'm asked for id by a LEO.

Anybody have any thoughts?

I think there's an obvious (more than 1) consideration here.

First and foremost, if you don't have your CHL, you don't have your CHL. If you have not received it, you don't have it, therefore you cannot carry under it's authority because you don't have it.

Otherwise, if you have it, you can carry in your car obviously, but if you don't have it on you, it's still not illegal to carry in your car. Again, you can't be carrying under the authority of the CHL unless you have it with you. You can carry in your car, as can anyone (within conditions) in your car.

[dicion]

Wow, lots of misinformation here, Lets go back to the beginning.

Step 1: TPC 46.02 is what makes it illegal to carry a handgun in general circumstances.
Step 2: However, In 46.02, it is specifically stated that it not illegal in your vehicle, or on property you own or control.
Step 3: CHL is an exemption to 46.02, if you have a CHL and a handgun of the type you are licensed to carry.

You never even make it to step 3 land, because it's not illegal to begin with, for you to need the exemption, it has to be illegal, therefore, CHL doesn't even apply.

This is the same caveat that makes 30.06 not apply in parking lots/vehicles, as long as you do not exit the vehicle with it.

The ONLY, and I repeat *Only* thing that *could* happen, is that the Officer runs your TDL, sees the CHL flag on it (since it was issued but you don't have it yet), and asks you why you didn't display.
But as not displaying your CHL is an administrative violation with absolutely no penalty.. it's a non issue. Just tell em that you haven't received it in the mail yet.

Now, Why, you ask, then do we even have to show our CHL's in the vehicle? Because Showing your CHL has absolutely nothing to do with 46.02. The law says (paraphrasing):
'If you are carrying a handgun of they type you are licensed to carry, and you have a CHL, then you must show it to an officer when asked for ID.'
Those are the only qualifiers, period. Technically, A LEO who is carrying as part of his job would technically be required to show CHL by law under the above. Same with you carrying a handgun at your front door. You don't need CHL to carry there, but since you have the 2 pieces of the puzzle, you do have to produce it (Once again, non-production is an administrative violation with absolutely no penalty at this point in time).

Read my Signature on the MPA/30.06 for more in depth about 'carrying under the authority of CHL vs MPA'

[TDDude]

But as not displaying your CHL is an administrative violation with absolutely no penalty.. it's a non issue.'

Well, I finally heard back from the DPS and dicion is correct. If a penalty is not listed, then there isn't one.

I guess that was an oversight by the good folks who wrote the statute.

Now I gotta go change my power point again!!

[dicion]

But as not displaying your CHL is an administrative violation with absolutely no penalty.. it's a non issue.'

Well, I finally heard back from the DPS and dicion is correct. If a penalty is not listed, then there isn't one.

I guess that was an oversight by the good folks who wrote the statute.

Now I gotta go change my power point again!!

Actually, the statute originally had a penalty, of suspension.

We got that removed in the last legislative session

[sjfcontrol]

But as not displaying your CHL is an administrative violation with absolutely no penalty.. it's a non issue.'

Well, I finally heard back from the DPS and dicion is correct. If a penalty is not listed, then there isn't one.

I guess that was an oversight by the good folks who wrote the statute.

Now I gotta go change my power point again!!

Actually, the statute originally had a penalty, of suspension.

We got that removed in the last legislative session

Sure it wasn't the session before? Examining the LS-16 from 2009-2010 it doesn't show up under 411.187. Only Class A/B Misd/Felony, non-notice for Change of Address, Carrying a gun of a different category, failure to return previously issued license after receiving a modified license, and Family Violence.