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Re: "Failure to Carry" - CHL license.

Posted: Sat May 03, 2014 9:09 pm
by Jaguar
Charles L. Cotton wrote:
Oldgringo wrote:I have left home without my gun and I have left home without my phone; I'm trying to think of the last time I left home without my wallet. :headscratch
I did two weeks ago. It was the first time in decades, but it happened.

Chas.
I did last week, went car shopping with my wife and left my wallet in my other pants. Spent about four hours driving from lot to lot with a pistol on me and no DL or CHL. Didn't even notice until we went to eat, good thing my wife had her ID's, so from there on she drove, carried the pistol, and paid for lunch.

It happens.

Re: "Failure to Carry" - CHL license.

Posted: Sat May 03, 2014 10:10 pm
by CHLLady
I never forget my purse, but I do my cell phone and my grocery list. :oops: It happens to all of us, some more than others. Rest easy and listen to Mr. Charles. ;-)

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 1:00 am
by EEllis
Jumping Frog wrote: I also carry a picture of my driver license and all of my concealed handgun licenses on my iPhone and can show that to the officer as well.
This is a great idea. It's so obvious but it never occurred to me. I'm going to have to do this as a just in cased backup.

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 6:50 am
by RJGold
Hadn't thought about it until I read this topic but I probably violate fairly regularly.

If I'm driving, my wife very seldom carries her purse and wallet. If we stop somewhere and she wants to buy something, I will hand her my wallet and she'll go take care of whatever transaction she needs to handle. This simple action leaves me with no DL and no CHL for a brief period of time.

I guess if I was approached by an LEO while my wife had my wallet I'd have to ask him to wait until she got back.

I don't feel like it would be a big deal though. I also don't think that forgetting your wallet on occaision would lead to some sort of criminal prosecution.

My two cents...

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 7:16 am
by PBratton
Jaguar wrote:
Charles L. Cotton wrote:
Oldgringo wrote:I have left home without my gun and I have left home without my phone; I'm trying to think of the last time I left home without my wallet. :headscratch
I did two weeks ago. It was the first time in decades, but it happened.

Chas.
I did last week, went car shopping with my wife and left my wallet in my other pants. Spent about four hours driving from lot to lot with a pistol on me and no DL or CHL. Didn't even notice until we went to eat, good thing my wife had her ID's, so from there on she drove, carried the pistol, and paid for lunch.

It happens.
At least you got a free lunch out...

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 7:36 am
by jbarn
I have, on rare occasion, gone out without my wallat. Since ai wws wearing pants; however, I was armed. :???:

The law that allows you to carry only does so if you posses your CHL.

Penal Code 46.15(b) tells us that penal code 46.02 does not apply to a person who carries a valid concealed handgun license. Therfore, if you do not carry the license you do not have an exemption from 46.02. You could be charged with a class A misdemeanor, unless alcohol is sold or serviced there. Then it is a felony.

Texas Penal Code

Sec. 46.15. NONAPPLICABILITY

(b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 8:46 am
by Jumping Frog
jbarn wrote:You could be charged with a class A misdemeanor, unless alcohol is sold or serviced there. Then it is a felony.
I agree that is the black letter of the law.

However, I also don't believe that people are actually charged for either of those offenses when the officer has actual knowledge that the person is a licensee.

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 8:58 am
by jbarn
Jumping Frog wrote:
jbarn wrote:You could be charged with a class A misdemeanor, unless alcohol is sold or serviced there. Then it is a felony.
I agree that is the black letter of the law.

However, I also don't believe that people are actually charged for either of those offenses when the officer has actual knowledge that the person is a licensee.
OK. Guess Ill just stick my license in my dresser drawer and forget carrying the thing. :leaving


Kidding aside, in 2012 twelve CHL holders were convicted of violating penal code 46.02, unlawful carry weapons. While the DPS stats do not show the specifics, I can imagine that could include not carrying the license. It could also be carrying an illegal knife or club, I suppose. What other things could those conviction be?

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 9:56 am
by JSThane
Jaguar wrote:I did last week, went car shopping with my wife and left my wallet in my other pants. Spent about four hours driving from lot to lot with a pistol on me and no DL or CHL. Didn't even notice until we went to eat, good thing my wife had her ID's, so from there on she drove, carried the pistol, and paid for lunch.

It happens.
See, what you do is, you have your wife hold your hand, so if anyone asks why you're carrying a gun, you just tell them your wife's carrying them both, and you're the purse. :biggrinjester:

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 10:02 am
by WildBill
JSThane wrote:
Jaguar wrote:I did last week, went car shopping with my wife and left my wallet in my other pants. Spent about four hours driving from lot to lot with a pistol on me and no DL or CHL. Didn't even notice until we went to eat, good thing my wife had her ID's, so from there on she drove, carried the pistol, and paid for lunch.

It happens.
See, what you do is, you have your wife hold your hand, so if anyone asks why you're carrying a gun, you just tell them your wife's carrying them both, and you're the purse. :biggrinjester:
Getting arrested might be a less embarrassing option. :smilelol5:

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 1:04 pm
by jmra
WildBill wrote:
JSThane wrote:
Jaguar wrote:I did last week, went car shopping with my wife and left my wallet in my other pants. Spent about four hours driving from lot to lot with a pistol on me and no DL or CHL. Didn't even notice until we went to eat, good thing my wife had her ID's, so from there on she drove, carried the pistol, and paid for lunch.

It happens.
See, what you do is, you have your wife hold your hand, so if anyone asks why you're carrying a gun, you just tell them your wife's carrying them both, and you're the purse. :biggrinjester:
Getting arrested might be a less embarrassing option. :smilelol5:
:iagree:
A while back I saw a friend of ours at church hand his wife a heavy looking Walmart bag. She had a somewhat disgusted look on her face. My wife told me after service that the wife had forgotten her purse in the car and had asked my friend to go get it. Not wanting to be seen carrying a purse he stuffed it in the Walmart bag he found in the trunk of the car. Not sure if this saved his man card or resulted in forfeiture.
I have a strong feeling he would do time before claiming to be a woman's purse.

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 1:12 pm
by Abraham
On a few occasions my wife has asked me to hold her purse while she did whatever it was and it didn't bother me one bit.

I got a kick out of watching people look at me and and the purse. I would smile at them and boom they'd quickly looked away, funny stuff...

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 1:57 pm
by Running Arrow Bill
No offense guys... :) However, that's what a man's pockets in his pants are for...to keep keys, wallet, etc. in them...even when at home...never know when you might have an emergency and rush out of the house.

That aside, for someone without DL, CHL, Registration, Proof of Insurance with and/or on them and you get stopped, it is "possible" you could be cited for "failure to identify". At the very least some serious explaining to do...

Have a good one!

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 2:35 pm
by gringo pistolero
I don't see anybody volunteering to be the test case. :lol:

Re: "Failure to Carry" - CHL license.

Posted: Sun May 04, 2014 9:33 pm
by JSThane
Running Arrow Bill wrote:No offense guys... :) However, that's what a man's pockets in his pants are for...to keep keys, wallet, etc. in them...even when at home...never know when you might have an emergency and rush out of the house.

That aside, for someone without DL, CHL, Registration, Proof of Insurance with and/or on them and you get stopped, it is "possible" you could be cited for "failure to identify". At the very least some serious explaining to do...

Have a good one!
Not according to my understanding of most common ID laws. I know of no law that requires a person to carry identification on them at all times, unless they are currently engaging in an activity that requires an ID (such as driving, carrying concealed in most states, etc.). A "man on the street" interaction with a cop requires no more than name and date of birth, IF the cop request them. "Papers please" does not apply outside of certain activities, no matter how much some people (and some cops) wish it were otherwise.