Stolen Chl

[TXBO]

I just did the online application reporting a stolen CHL. Anybody have any idea how long it will take to receive a new one? Can I continue to carry with the online receipt?

[n5wd]

Sorry to hear about your loss.... No, according to the law, you have to have the actual plastic in hand to be able to carry.

But, if you're unable to show the police officer or magistrate your CHL when it's demanded, you are guilty of not following the law, but it is no longer a crime to not have it in your possession (that changed a few years ago).

So, to follow the law - don't carry without your CHL card. But, a police officer or magistrate can verify you have the license easily enough if they want, but might make your life a little bit difficult for a while, though it wouldn't cost you any fines.

[TXBO]

Sorry to hear about your loss.... No, according to the law, you have to have the actual plastic in hand to be able to carry.

But, if you're unable to show the police officer or magistrate your CHL when it's demanded, you are guilty of not following the law, but it is no longer a crime to not have it in your possession (that changed a few years ago).

So, to follow the law - don't carry without your CHL card. But, a police officer or magistrate can verify you have the license easily enough if they want, but might make your life a little bit difficult for a while, though it wouldn't cost you any fines.

Thanks a million.

[Oldgringo]

Hmm? If someone heisted my CHL, they would have got my billfold and its entire contents.

[Pawpaw]

Sorry to hear about your loss.... No, according to the law, you have to have the actual plastic in hand to be able to carry.

But, if you're unable to show the police officer or magistrate your CHL when it's demanded, you are guilty of not following the law, but it is no longer a crime to not have it in your possession (that changed a few years ago).

So, to follow the law - don't carry without your CHL card. But, a police officer or magistrate can verify you have the license easily enough if they want, but might make your life a little bit difficult for a while, though it wouldn't cost you any fines.

Thanks a million.

Please do not follow the absolutely incorrect information above.

The penalty was removed for not showing your CHL when a LEO demands ID. It is still a crime to carry without the license on your person!

This is the penalty that was removed:

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. 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.

This says you must also carry the license:

PC §46.15. NON-APPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to
a person who:
(1) peace officers or special investigators under Article 2.122, Code of Criminal
Procedure, and neither section prohibits a peace officer or special investigator
from carrying a weapon in this state, including in an establishment in this
state serving the public, regardless of whether the peace officer or special
investigator is engaged in the actual discharge of the officer’s or investigator’s
duties while carrying the weapon;
(2) parole officers and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the officer’s duties while carrying the
weapon; and
(B) in compliance with policies and procedures adopted by the Texas
Department of Criminal Justice regarding the possession of a weapon by an
officer while on duty;
(3) community supervision and corrections department officers appointed
or employed under Section 76.004, Government Code, and neither section
prohibits an officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the officer’s duties while carrying the
weapon; and
(B) authorized to carry a weapon under Section 76.0051, Government
Code;
(4) an active judicial officer as defined by Section 411.201, Government Code,
who is licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code;
(5) an honorably retired peace officer, qualified retired law enforcement officer,
federal criminal investigator or former reserve law enforcement officer who
holds a certificate of proficiency issued under Section 1701.357, Occupations
Code, and is carrying a photo identification that is issued by a federal, state,
or local law enforcement agency, as applicable, and that:
(A) verifies the officer is an honorably retired peace officer;
(B) a qualified retired law enforcement officer;
(C) a federal criminal investigator; or
(D) a former reserve law enforcement officer who has served in that
capacity not less than a total of 15 years with one or more state or local law
enforcement agencies.
(6) a district attorney, criminal district attorney, county attorney, or municipal
attorney who is licensed to carry a concealed handgun under Subchapter H,
Chapter 411, Government Code;
(7) an assistant district attorney, assistant criminal district attorney, or
assistant county attorney who is licensed to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code;
(8) a bailiff designated by an active judicial officer as defined by Section
411.201, Government Code, who is:
(A) licensed to carry a concealed handgun under Chapter 411, Government
Code; and
(B) engaged in escorting the judicial officer; or
(9) a juvenile probation officer who is authorized to carry a firearm under
Section 142.006, Human Resources Code.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces
or state military forces as defined by Section 431.001, Government Code, or as
a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the
immediate premises where the activity is conducted, or is en route between the
premises and the actor’s residence, motor vehicle, or watercraft, if the weapon is
a type commonly used in the activity;
(4) holds a security officer commission issued by the Texas Private Security
Board, if the person is engaged in the performance of the person’s duties as an
officer commissioned under Chapter 1702, Occupations Code, or is traveling
to or from the person’s place of assignment and is wearing the officer’s uniform
and carrying the officer’s weapon in plain view;
(5) acts as a personal protection officer and carries the person’s security officer
commission and personal protection officer authorization, if the person:
(A) is engaged in the performance of the person’s duties as a personal
protection officer under Chapter 1702, Occupations Code, or is traveling to or
from the person’s place of assignment; and
(B) is either:
(i) wearing the uniform of a security officer, including any uniform or
apparel described by Section 1702.323(d), Occupations Code, and
carrying the officer’s weapon in plain view; or
(ii) not wearing the uniform of a security officer and carrying the officer’s
weapon in a concealed manner;
(6) is carrying a concealed handgun and a valid license issued under
Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;

[n5wd]

PawPaw - no one gave him advice to carry without his license in hand. Much to the contrary, I said it was against the law to do so. But, if he chooses to do so, there is not penalty for doing so. And, you said the same thing. So, what's the gripe about? Inquiring minds want to know!

[The Annoyed Man]

This is one reason why it is desirable to keep an out of state non-resident license at home as a backup. Mine is a Utah CFP, but any state that has reciprocity with Texas will do.

[Pawpaw]

PawPaw - no one gave him advice to carry without his license in hand. Much to the contrary, I said it was against the law to do so. But, if he chooses to do so, there is not penalty for doing so. And, you said the same thing. So, what's the gripe about? Inquiring minds want to know!

You said:

But, if you're unable to show the police officer or magistrate your CHL when it's demanded, you are guilty of not following the law, but it is no longer a crime to not have it in your possession (that changed a few years ago).

And that is just plain wrong. See my edited post above.

What changed is the removal of the penalty for not presenting your CHL when a LEO demands ID. You still must have the license on your person, or you are illegally carrying.

[WildBill]

This is one reason why it is desirable to keep an out of state non-resident license at home as a backup. Mine is a Utah CFP, but any state that has reciprocity with Texas will do.

[TXBO]

Hmm? If someone heisted my CHL, they would have got my billfold and its entire contents.

Yep, sure would.... as well as other things.