TexasCHLforum.com

Suppose I have a CHL and a permit from another state that has reciprocity with Texas. And let’s suppose for a minute that Texas suspends my CHL for something stupid like failing to inform when asked for ID. Could one still carry under the authority of the foreign state permit even though the Texas CHL is suspended?

IMHO, it would depend upon why your Texas CHL was suspended.

A CHL can be suspended for technical violations such as failing to change your address or display the CHL when asked by a peace officer. In those cases, I see nothing in the law that would make it illegal to carry with a license from another state.

A CHL can also be suspended if you are charged with a class A or B misdemeanor or a felony, or a crime of domestic violence, or are the subject of a protective order. In most of those cases, it is flat-out illegal even to possess a firearm.

- Jim

seamusTX wrote:A CHL can also be suspended if you are charged with a class A or B misdemeanor or a felony, or a crime of domestic violence, or are the subject of a protective order. In most of those cases, it is flat-out illegal even to possess a firearm.

- Jim

I understand the felony issue as a felony affects federal possession laws and therefore a felony would most likely negate an out of state permit. I am confused about the misdemeanors. I do not know this, but I assume that some states may not check for misdemeanors…if my permit was from a state that did not look at misdemeanors then the permit might still be valid in the other state. If permit is still valid in the other state, can one still carry? Does a misdemeanor affect federal laws?

I would say to check with the state that the other permit is from to find out if they too will suspend your permit.

seamusTX wrote:A CHL can also be suspended if you are charged with a class A or B misdemeanor or a felony, or a crime of domestic violence, or are the subject of a protective order.

What happened to innocent until proven guilty?

aardwolf wrote:

seamusTX wrote:A CHL can also be suspended if you are charged with a class A or B misdemeanor or a felony, or a crime of domestic violence, or are the subject of a protective order.

What happened to innocent until proven guilty?

Where do you think this is? The USA with a constitution to protect rights or something? Haven't you heard of the Lautenberg (sp?) amendment?

I think i remember a thread a while ago that went something like this:

Assume I am carrying in Texas under a Utah permit and a LEO busts me for failure to conceal. Under texas law, I can get a suspension of my license for 30 (or some number) of days. Unfortunately, since my permit was issued by Utah, Texas does not have the authority to suspend it. The second time I get caught failing to conceal, the legal ramifications of Texas do not pertain since they only come into effect when my license was suspended for the same volation before.

This may have been fixed in the law, or, I may just be having a senior moment. If it is still true, kinda a interesting quirk of the law.

- Rob

Y'all have given me several issues to respond to.

A person who is under indictment for a felony, has a pending charge of misemeanor domestic violence, or is the subject of a protective order cannot possess firearms under federal law. This law is prosecuted. If local police arrest someone they suspect of it, they will bring in the feds.
http://www.atf.gov/firearms/faq/faq2.htm#b2

Protective order also makes it illegal under state law.

The presumption of innocence simply means that when you are charged with a crime, the state must prove that you are guilty. You do not have to prove that you are innocent.

As soon as you are arrested, or an arrest warrant is issued, you are subject to legal limitations. If you make bail, you are subject to the terms of bail. Aside from possession of firearms, those conditions frequently include avoiding your victim and not leaving the state or sometimes even the county.

Intentional failure to conceal is a class A misdemeanor. If you are accused of it, but not yet found guilty, your CHL may be suspended.

Unintentional failure to conceal is not an offense, and your CHL cannot be suspended for it.

If you have a pending misdemeanor charge and your Texas CHL is suspended, and then you are caught carrying with an out-of-state license, I will bet any amount of money that you will be arrested and charged with something. You likely will get off, but only after spending wads of cash.

That's always the bottom line when you get crosswise with the law. You spend heaps of money.

- Jim