Confiscated CHL Question

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nightmare
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Re: Confiscated CHL Question

Postby nightmare » Wed Mar 26, 2014 7:13 pm

texanjoker wrote:
sammeow wrote::iagree:
But he can carry in the car as long as it's concealed.
Just gotta leave it in the vehicle , not keeping it on him.



Depends on his bail conditions, if any. He may have a stipulation that he cannot be armed.

Is that a California thing where citizens have to post bail even if they haven't been charged or arraigned?
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texanjoker
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Re: Confiscated CHL Question

Postby texanjoker » Thu Mar 27, 2014 12:59 pm

nightmare wrote:
texanjoker wrote:
sammeow wrote::iagree:
But he can carry in the car as long as it's concealed.
Just gotta leave it in the vehicle , not keeping it on him.



Depends on his bail conditions, if any. He may have a stipulation that he cannot be armed.

Is that a California thing where citizens have to post bail even if they haven't been charged or arraigned?



Seriously a CA thing "rlol" ? Did you not read where he stated he was arrested? It is common practice here in TEXAS that once arrested you are either released on your own, via a misdemeanor citation, or post bail. There are often stipulations with release imposed by the court that could include not being armed. :thumbs2:


[quote]Long story short, I was charged with a Class B (arrested, but have not been formally charged or arraigned yet) several months ago.[/quote


jmoney
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Re: Confiscated CHL Question

Postby jmoney » Mon Apr 21, 2014 9:47 pm

depending on what county and nature of the crime, it can take several months for the DA to actually get the file in their hand from intake


Arrest--->Case Prep---->Sent to DA---->Approved by DA---->First Setting


it can take a bit.


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Re: Confiscated CHL Question

Postby cb1000rider » Tue Apr 22, 2014 2:42 pm

nightmare wrote:Is that a California thing where citizens have to post bail even if they haven't been charged or arraigned?


There are places in Texas where you can immediately plead guilty / no-contest and go home. If you are going to plead not-guilty, you can sit in jail until the judge can set your bail...

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Re: Confiscated CHL Question

Postby gigag04 » Tue Apr 22, 2014 8:11 pm

cb1000rider wrote:
nightmare wrote:Is that a California thing where citizens have to post bail even if they haven't been charged or arraigned?


There are places in Texas where you can immediately plead guilty / no-contest and go home. If you are going to plead not-guilty, you can sit in jail until the judge can set your bail...


Only on felony charges, DWI refusals, family violence cases do you HAVE to wait.

Standard bond for a B is $2k and A is $4k, assuming in county address.

Class C bonds are the amount of the fine and that is usually where folks plea and pay to get out.
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nightmare
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Re: Confiscated CHL Question

Postby nightmare » Tue Apr 22, 2014 8:25 pm

c.com wrote:arrested, but have not been formally charged or arraigned yet
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OldCurlyWolf
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Re: Confiscated CHL Question

Postby OldCurlyWolf » Wed Apr 23, 2014 5:14 pm

texanjoker wrote:
sammeow wrote::iagree:
But he can carry in the car as long as it's concealed.
Just gotta leave it in the vehicle , not keeping it on him.



Depends on his bail conditions, if any. He may have a stipulation that he cannot be armed.


If he hasn't been charged, there is no bail. He isn't in jail. There are no bail conditions. Something is fishy on this one.

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texanborn
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Re: Confiscated CHL Question

Postby texanborn » Thu May 04, 2017 5:05 pm

I just received the letter stating to surrender my handgun license, but no form or documentation was with it as it specifies in 411.187 (b) "The officer shall attach the officer's reports relating to the license holder to the form and send the form and the attachments to the appropriate division of the department at its Austin headquarters not later than the fifth working day after the date the form is prepared.  The officer shall send a copy of the form and the attachments to the license holder." Also, my license was never confiscated as evidence and I have had no luck getting any information.

My question is: Do I still surrender my license when the department that has issued this notice is in violation of their own guidelines concerning this issue?


infoman
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Re: Confiscated CHL Question

Postby infoman » Thu May 04, 2017 5:26 pm

Yes, you should.

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G.A. Heath
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Re: Confiscated CHL Question

Postby G.A. Heath » Thu May 04, 2017 5:36 pm

texanborn wrote:I just received the letter stating to surrender my handgun license, but no form or documentation was with it as it specifies in 411.187 (b) "The officer shall attach the officer's reports relating to the license holder to the form and send the form and the attachments to the appropriate division of the department at its Austin headquarters not later than the fifth working day after the date the form is prepared.  The officer shall send a copy of the form and the attachments to the license holder." Also, my license was never confiscated as evidence and I have had no luck getting any information.

My question is: Do I still surrender my license when the department that has issued this notice is in violation of their own guidelines concerning this issue?


If I were you I would definitely meet the officer in person and surrender it in person while politely insisting that I get receipt for the the surrendered license. I would also have an attorney present when the license is surrendered in case the officer wanted to clarify anything.
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infoman
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Re: Confiscated CHL Question

Postby infoman » Thu May 04, 2017 5:40 pm

I would mail your license to Texas DPS as the letter instructs you to.

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G.A. Heath
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Re: Confiscated CHL Question

Postby G.A. Heath » Thu May 04, 2017 6:03 pm

infoman wrote:I would mail your license to Texas DPS as the letter instructs you to.

According to the post The letter says the officer shall attach their reports to the license which means the demand is that the license be surrendered to the officer
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ninjabread
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Re: Confiscated CHL Question

Postby ninjabread » Thu May 04, 2017 6:15 pm

DPS can suspend a Texas LTC, at which point "the license holder shall surrender the license to the appropriate division of the department not later than the 10th day after the date the license holder receives the notice of suspension from the department unless the license holder requests a hearing from the department." I don't see where a cop has the power to suspend a license issued by the state.
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Soccerdad1995
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Re: Confiscated CHL Question

Postby Soccerdad1995 » Fri May 05, 2017 10:58 am

This is very, very wrong. Losing a fundamental right without even having a trial just smacks of totalitarianism, to me.
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Re: Confiscated CHL Question

Postby ScottDLS » Fri May 05, 2017 11:40 am

gigag04 wrote:
cb1000rider wrote:
nightmare wrote:Is that a California thing where citizens have to post bail even if they haven't been charged or arraigned?


There are places in Texas where you can immediately plead guilty / no-contest and go home. If you are going to plead not-guilty, you can sit in jail until the judge can set your bail...


Only on felony charges, DWI refusals, family violence cases do you HAVE to wait.

Standard bond for a B is $2k and A is $4k, assuming in county address.

Class C bonds are the amount of the fine and that is usually where folks plea and pay to get out.


But refusal of a breath/chemical test isn't a crime, is it? You lose your DL for 6mo, but the refusal isn't a crime.... :shock:

The other thing about this situation is unusual, is that if you haven't been arraigned/charged with a crime, or had the license otherwise suspended IAW GC 411, then presumably you could just ask for a duplicate from DPS, right?
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


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