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Lost CHL-time to replace?
Posted: Mon May 02, 2011 2:48 pm
by Sewer_Ice
My wallet was stolen almost a month ago, and I am still waiting on a new one. Tomorrow will be EXACTLY 4 weeks that I reported it stolen. How long does it usually take to get a replacement? I'm beginning to to think it was lost in the mail or something because it only took 17 days to process and receive the CHL the first time around (about this time last year). Anyone else lose their CHL? How long did it take for the replacement to come in? I'm getting really tired of being unarmed.
Re: Lost CHL-time to replace?
Posted: Tue May 03, 2011 11:10 pm
by Sewer_Ice
It has now been a full month, no new CHL.
Anyone know a number I can call or something?
Re: Lost CHL-time to replace?
Posted: Tue May 03, 2011 11:12 pm
by apostate
Sewer_Ice wrote:It has now been a full month, no new CHL.
Anyone know a number I can call or something?
1-800-224-5744
https://www.txdps.state.tx.us/administr ... ations.htm" onclick="window.open(this.href);return false;
Re: Lost CHL-time to replace?
Posted: Tue May 03, 2011 11:13 pm
by MasterOfNone
Just to clarify, did you report it stolen, or did you apply for a duplicate license?
Re: Lost CHL-time to replace?
Posted: Wed May 04, 2011 7:46 am
by stash
Sorry this happened to you. Yours is a good case to have a license from another state locked away so you can still carry while waiting on TXDPS to get your replacement. I guess you can use the MPA in the mean time.
Re: Lost CHL-time to replace?
Posted: Wed May 04, 2011 11:38 am
by Sewer_Ice
stash wrote:Sorry this happened to you. Yours is a good case to have a license from another state locked away so you can still carry while waiting on TXDPS to get your replacement. I guess you can use the MPA in the mean time.
I could have sworn once you have a CHL you carry as a CHL holder and not under the MPA. I believed that specifically because for a CHL holder and MPA user "intoxicated" was defined differently.
Re: Lost CHL-time to replace?
Posted: Wed May 04, 2011 1:33 pm
by apostate
Sewer_Ice wrote:stash wrote:Sorry this happened to you. Yours is a good case to have a license from another state locked away so you can still carry while waiting on TXDPS to get your replacement. I guess you can use the MPA in the mean time.
I could have sworn once you have a CHL you carry as a CHL holder and not under the MPA. I believed that specifically because for a CHL holder and MPA user "intoxicated" was defined differently.
There's a lot of misinformation taught about CHL in Texas. I find a good strategy is to ask people to show me where the penal code says that.
Re: Lost CHL-time to replace?
Posted: Wed May 04, 2011 1:40 pm
by ScottDLS
Sewer_Ice wrote:stash wrote:Sorry this happened to you. Yours is a good case to have a license from another state locked away so you can still carry while waiting on TXDPS to get your replacement. I guess you can use the MPA in the mean time.
I could have sworn once you have a CHL you carry as a CHL holder and not under the MPA. I believed that specifically because for a CHL holder and MPA user "intoxicated" was defined differently.
MPA makes it
not a crime (PC 46.02) to carry a handgun in your vehicle. CHL provides a non-applicability (46.15) defense to prosecution for carrying a handgun. My argument is that you are not carrying under the authority of your CHL if you don't need its authority to legally carry, or to provide a defense to 46.02. Otherwise, it would be illegal for a CHL to open carry in his house...or at the range... or for a cop who has a CHL to open carry while on duty.
Additionally, since you don't have possession of your CHL...you can't be carrying under its authority.
PC ยง46.15. 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 of the same category as the handgun the person
is carrying;
Note it says
carrying a handgun and a valid license...not just
being licensed.
Final point...it is not illegal to carry a gun under MPA while intoxicated, any more than it is to carry one in your house while intoxicated. This is assuming that you are not driving...or breaking some other law due to your intoxication.