What To Do With Old CHLs...

[ELB]

NOTE: SEE MY UPDATE IN THE POST SEVERAL POSTS DOWN>>>

At my wife's recent renewal class, as I was coming in the door to pick her up at the end, the instructor said something that caught my ear -- about sending in old licenses and such. I didn't really pick it up fully, but it triggered a question in my mind, and I went to look it up here. I have seen various opinions on this, so I decided to email the CHL section and get the DPS answer. Email and reply reproduced below, with an identity changed to protect the ignorant I note that he only answered one of my questions, but I got the main question answered.

FYI.

-----Original Message-----
From: CHLS [mailto:CHL@txdps.state.tx.us]
Sent: Tuesday, January 20, 2009 8:27 AM
To: ELB
Subject: RE: What to do with old/expired CHL

You may either send it in or destroy it. If you have 2 licenses with valid expiration dates, you must send in the old one. If it has expired, you may destroy it.

CONFIDENTIALITY NOTICE: The information contained in this email transmission is confidential. It may also be subject to certain privileges. This information is provided based on a specific fact situation and is intended for the exclusive use of the addressee(s) named above. If you are not the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s) named above), copying, or the taking of any action based on this information is strictly prohibited. If you received this information in error, please immediately notify us by return email and delete this message.

Mr. Rene Montoya
Customer Service Representative





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From: ELB
Sent: Friday, January 16, 2009 11:27 PM
To: CHLS
Subject: What to do with old/expired CHL


To Whom It May Concern,

I have been given conflicting information from various sources, including CHL Instructors, about what to do with expired CHLs after receiving a new (renewed) license. Some say I must destroy the old one, some say send it in, some don't know. I do not recall seeing anything on it in the renewal packages, and could not find the answer on the website. Can you please provide me the correct answer, and where this is documented in the CHL statute and regulations?

Thank you for your assistance.

ELB

[Bart]

According to the law you have to return your old NSA license if you modify it and get a SA license.

Maybe they want us to destroy or turn in old licenses. I want CHL to allow legal carry everywhere LEOSA does.

[ELB]

According to the law you have to return your old NSA license if you modify it and get a SA license.

Switching from NSA to SA would give you two CHLs with valid expirations dates -- as would doing a change of address or name change. Those are the ones required to be sent back.

[NcongruNt]

According to the law you have to return your old NSA license if you modify it and get a SA license.

Switching from NSA to SA would give you two CHLs with valid expirations dates -- as would doing a change of address or name change. Those are the ones required to be sent back.

Change of address as well.

[arod757]

Well, you freaked me out since I shredded my old license after I got my new one with an updated address. There were no instructions that came with my new license telling me to send back the old one, and I didn't bother trying to find any info on what to do... just dropped it in my shredder.

Anyway, I called DPS and they told me I was supposed to send it in, but shredding it was fine.

[Oldgringo]

So Rene is a Mr. We had several unfriendly e-mails from Rene during Mrs. Oldgringo's 160 day CH licensing ordeal a year ago. I assumed and you know how that goes...

[UpTheIrons]

Great...more confusion. MY CHL instructor told us that ALL licenses (expired, changed, or renewed) had to be returned to DPS. I guess that's settled now though, since we have word from 'on high', eh?

[Captain Matt]

Switching from NSA to SA would give you two CHLs with valid expirations dates -- as would doing a change of address or name change. Those are the ones required to be sent back.

That's not the law.

Only modifications under 411.184 have a requirement to "return the previously issued license to the department."

There's no requirement in 411.181 or 411.185 to return the previously issued license despite what DPS or misinformed instructors say.

[Fangs]

...

CONFIDENTIALITY NOTICE: The information contained in this email transmission is confidential. It may also be subject to certain privileges. This information is provided based on a specific fact situation and is intended for the exclusive use of the addressee(s) named above. If you are not the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s) named above), copying, or the taking of any action based on this information is strictly prohibited. If you received this information in error, please immediately notify us by return email and delete this message.

Um, I realize that you are the intended recipient, but isn't posting it on a public forum against the spirit of the notice..?

I guess I personally would have rephrased it and left off the notice part.

[atxgun]

...

CONFIDENTIALITY NOTICE: The information contained in this email transmission is confidential. It may also be subject to certain privileges. This information is provided based on a specific fact situation and is intended for the exclusive use of the addressee(s) named above. If you are not the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s) named above), copying, or the taking of any action based on this information is strictly prohibited. If you received this information in error, please immediately notify us by return email and delete this message.

Um, I realize that you are the intended recipient, but isn't posting it on a public forum against the spirit of the notice..?

I guess I personally would have rephrased it and left off the notice part.

Yeah well, "strictly prohibited" under what law? IANAL but notices like that on emails just seem pretty worthless.

[ELB]

I had a sudden thought, and went over to check the Texas Administrative Code -- I had read the statute plenty of times, and only found the reference to the NSA/SA change, but had forgotten that the DPS also has administrative authority to adopt rules, and they have to be published.

Look what I found:

Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 6 LICENSE TO CARRY HANDGUNS
SUBCHAPTER B ELIGIBILITY AND APPLICATION PROCEDURES
RULE §6.14 Duplicate License

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A license holder may not possess more than one license to carry a concealed handgun issued by the department. A license holder who requests a duplicate license based on a change of name or address shall destroy the old license promptly upon receipt of the duplicate license.


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Source Note: The provisions of this §6.14 adopted to be effective August 10, 2008, 33 TexReg 6148

http://info.sos.state.tx.us/pls/pub/rea ... ch=6&rl=14" onclick="window.open(this.href);return false;


As for the confidentiality notice -- I admit I found this a bit odd. This is a public servant responding to a citizen request through a public website mechanism set up explicitly to provide info to the public about public law, rules, and policy.

Also, if you read it carefully, all the warnings apply to someone who is NOT the intended recipient. The intended recipient (me) has exclusive use of it, and my use of it is to post it here.

[boomerang]

I had a sudden thought, and went over to check the Texas Administrative Code -- I had read the statute plenty of times, and only found the reference to the NSA/SA change, but had forgotten that the DPS also has administrative authority to adopt rules, and they have to be published.

I'll pay the fine.

[DoubleJ]

Old CHL's don't die, they just get concealed...