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Re: Confiscated CHL Question
Posted: Wed Mar 26, 2014 7:13 pm
by nightmare
texanjoker wrote:sammeow wrote:
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?
Re: Confiscated CHL Question
Posted: Thu Mar 27, 2014 12:59 pm
by texanjoker
nightmare wrote:texanjoker wrote:sammeow wrote:
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

? 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.
Long story short, I was charged with a Class B (arrested, but have not been formally charged or arraigned yet) several months ago.[/quote
Re: Confiscated CHL Question
Posted: Mon Apr 21, 2014 9:47 pm
by jmoney
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.
Re: Confiscated CHL Question
Posted: Tue Apr 22, 2014 2:42 pm
by cb1000rider
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...
Re: Confiscated CHL Question
Posted: Tue Apr 22, 2014 8:11 pm
by gigag04
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.
Re: Confiscated CHL Question
Posted: Tue Apr 22, 2014 8:25 pm
by nightmare
c.com wrote:arrested, but have not been formally charged or arraigned yet
Re: Confiscated CHL Question
Posted: Wed Apr 23, 2014 5:14 pm
by OldCurlyWolf
texanjoker wrote:sammeow wrote:
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.

Re: Confiscated CHL Question
Posted: Thu May 04, 2017 5:05 pm
by texanborn
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?
Re: Confiscated CHL Question
Posted: Thu May 04, 2017 5:26 pm
by infoman
Yes, you should.
Re: Confiscated CHL Question
Posted: Thu May 04, 2017 5:36 pm
by G.A. Heath
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.
Re: Confiscated CHL Question
Posted: Thu May 04, 2017 5:40 pm
by infoman
I would mail your license to Texas DPS as the letter instructs you to.
Re: Confiscated CHL Question
Posted: Thu May 04, 2017 6:03 pm
by G.A. Heath
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
Re: Confiscated CHL Question
Posted: Thu May 04, 2017 6:15 pm
by ninjabread
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.
Re: Confiscated CHL Question
Posted: Fri May 05, 2017 10:58 am
by Soccerdad1995
This is very, very wrong. Losing a fundamental right without even having a trial just smacks of totalitarianism, to me.
Re: Confiscated CHL Question
Posted: Fri May 05, 2017 11:40 am
by ScottDLS
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....
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?