TexasCHLforum.com

I uderstood that a non CHL can have a concealed weapon in his/her car but that it cannot be on their person - if you are carrying on your person in a car then a CHL is required.

stealthcrf wrote:carrying without your CHL is a UCW charge. As in if you are not carrying the license then you are illegally carrying the handgun. Enjoy jail.

Not in your home.

Not on other real property you own or control.

Not in your car.

Not while hunting.

Not while traveling.

Shall I go on?

cbr600 wrote:

stealthcrf wrote:carrying without your CHL is a UCW charge. As in if you are not carrying the license then you are illegally carrying the handgun. Enjoy jail.

Not in your home.

Not on other real property you own or control.

Not in your car.

Not while hunting.

Not while traveling.

Shall I go on?

Don't forget sporting firarms events.



To the OP, yes you have to get your CHL replaced too. It's $10 IIRC

AustinBoy wrote:Took my CHL class last Sunday!

You dont have to present your card if you get pulled over in your car.
This is because TX clarified the law on carrying a concealed handgun in your car WITHOUT a CHL.
You can carry concealed in your car without a CHL and do not have to diclose to the LEO that you have a gun.
Thus, they changed the CHL law to state the same.

If you are carrying on your person outside your vehicle, you MUST have your card with you. Period.

Hope this helps,
Ty

I think that is more than a little disingenuous. If you have a CHL, then you carry under the authority of your CHL. Period. The MPA is for people who do not have a CHL. You don't get to bounce back and forth between whichever law suits you at the moment. "Well, since I'm in my car, I'm carrying under the MPA. I'm out of the car, now I'm carrying under my CHL." I'm sure it doesn't work that way.

bdickens wrote:

AustinBoy wrote:Took my CHL class last Sunday!

You dont have to present your card if you get pulled over in your car.
This is because TX clarified the law on carrying a concealed handgun in your car WITHOUT a CHL.
You can carry concealed in your car without a CHL and do not have to diclose to the LEO that you have a gun.
Thus, they changed the CHL law to state the same.

If you are carrying on your person outside your vehicle, you MUST have your card with you. Period.

Hope this helps,
Ty

I think that is more than a little disingenuous. If you have a CHL, then you carry under the authority of your CHL. Period. The MPA is for people who do not have a CHL. You don't get to bounce back and forth between whichever law suits you at the moment. "Well, since I'm in my car, I'm carrying under the MPA. I'm out of the car, now I'm carrying under my CHL." I'm sure it doesn't work that way.

I agree. The law still exists that you have to display both your DL & your CHL when stopped by a peace officer or magistrate.

Please review GC 411.205 found on p.28. Here are the current laws regarding CHL holders. This booklet is passed out to everyone taking a CHL class:

http://www.txdps.state.tx.us/ftp/forms/LS-16.pdf" onclick="window.open(this.href);return false;

As I see it, the reason for the change was to preclude arrest (or at least the penalty) if we forget to hand over the CHL when asked for ID. If you're packin' heat, ya' better be packin' the plastic, too.

And I also will show my CHL to any officer who asks for my ID, whether I'm armed (haven't had to, yet). It's common courtesy, and when he runs my license he'll find out about the CHL anyway. I'd rather not surprise him.

bdickens wrote:I think that is more than a little disingenuous. If you have a CHL, then you carry under the authority of your CHL. Period. The MPA is for people who do not have a CHL. You don't get to bounce back and forth between whichever law suits you at the moment. "Well, since I'm in my car, I'm carrying under the MPA. I'm out of the car, now I'm carrying under my CHL." I'm sure it doesn't work that way.

We're exempt from UCW in our own cars. Even if we forget our plastic at home.

cbr600 wrote:

bdickens wrote:I think that is more than a little disingenuous. If you have a CHL, then you carry under the authority of your CHL. Period. The MPA is for people who do not have a CHL. You don't get to bounce back and forth between whichever law suits you at the moment. "Well, since I'm in my car, I'm carrying under the MPA. I'm out of the car, now I'm carrying under my CHL." I'm sure it doesn't work that way.

We're exempt from UCW in our own cars. Even if we forget our plastic at home.

Well, not really. Once you get a CHL, MPA is out the door for us. You are still required to show your CHL. If you don't, not sure what they can still charge you with for not showing it, as there is no penalty. I would think they could potentially request that you retrieve it and bring it to the police station to show it.

If MPA was "out the door" we would be guilty of UCW (a Class A misdemeanor) for having a handgun in our car if we forget (or lose) our CHL plastic. I doubt very much that's true.

However, we are guilty of UCW if we forget (or lose) our CHL plastic and carry a handgun into the local HEB (except then it's a felony of the third degree if the HEB sells beer/wine.)

I agree there's still a requirement to display both when a magistrate or peace officer asks to see our ID, if we're carrying a handgun. Similarly, there's a requirement for DPS to issue the CHL plastic within a certain time. The penalty (or lack thereof) for non-compliance is now the same for both.

cbr600 wrote:

stealthcrf wrote:carrying without your CHL is a UCW charge. As in if you are not carrying the license then you are illegally carrying the handgun. Enjoy jail.

Not in your home.

Not on other real property you own or control.

Not in your car.

Not while hunting.

Not while traveling.

Shall I go on?

DUH! We are under the assumption that the OP is talking about carrying solely under the authority of his CHL without having his CHL on his person. I know there are some idiots out there, but don't assume I am one solely because I was succinct and did not draw out the whole scenario for you.

stealthcrf wrote:

cbr600 wrote:

stealthcrf wrote:carrying without your CHL is a UCW charge. As in if you are not carrying the license then you are illegally carrying the handgun. Enjoy jail.

Not in your home.

Not on other real property you own or control.

Not in your car.

Not while hunting.

Not while traveling.

Shall I go on?

DUH! We are under the assumption that the OP is talking about carrying solely under the authority of his CHL without having his CHL on his person. I know there are some idiots out there, but don't assume I am one solely because I was succinct and did not draw out the whole scenario for you.

Well let's make it real clear for you then...

OP said...

i've read that there is no longer a penalty for failing to display a CHL card with your DL. does this mean that it also isn't required to carry the CHL card on your person at all?
i ask just because i like to keep my wallet light and it would be one less thing to request a new copy of if i ever lost it or had it stolen.

There ISN'T a penalty for failing to produce your CHL while carrying under the authority of same.

However, if you need to be "carrying under authority of same (CHL)" in order to have a "defense" or non-applicability of UCW or other statute...then the answer is YOU ARE required to have the card on you, to have a "defense" or non-applicability.

So the "DUH" laundry list of other ways of legally carrying switches the answer to YOU DON'T need to have the plastic.

Thanks for this thread to "decode" the Penal Code.

Just like there's an NIV bible to replace the King James and Greek versions, I wish the Penal Code had a usable version that we could understand without having to contact the lawyers who wrote it.

ScottDLS wrote:

stealthcrf wrote:

cbr600 wrote:

stealthcrf wrote:carrying without your CHL is a UCW charge. As in if you are not carrying the license then you are illegally carrying the handgun. Enjoy jail.

Not in your home.

Not on other real property you own or control.

Not in your car.

Not while hunting.

Not while traveling.

Shall I go on?

DUH! We are under the assumption that the OP is talking about carrying solely under the authority of his CHL without having his CHL on his person. I know there are some idiots out there, but don't assume I am one solely because I was succinct and did not draw out the whole scenario for you.

Well let's make it real clear for you then...

OP said...

i've read that there is no longer a penalty for failing to display a CHL card with your DL. does this mean that it also isn't required to carry the CHL card on your person at all?
i ask just because i like to keep my wallet light and it would be one less thing to request a new copy of if i ever lost it or had it stolen.

There ISN'T a penalty for failing to produce your CHL while carrying under the authority of same.

However, if you need to be "carrying under authority of same (CHL)" in order to have a "defense" or non-applicability of UCW or other statute...then the answer is YOU ARE required to have the card on you, to have a "defense" or non-applicability.

So the "DUH" laundry list of other ways of legally carrying switches the answer to YOU DON'T need to have the plastic.

and again... I understand all the ways to legally carry. You could even open carry on a bicycle through downtown Houston if you were indeed traveling. If you are NOT carrying under an exemption of 46.02 (other than valid CHL) then you DO need to have the plastic... which was my point. Next time someone asks a simple question I will be sure to NOT answer it quickly and simply with regard to topic at hand. Maybe it will go something like this:

"do I need to pack plastic while carrying my concealed handgun"

"NO of course not! You don't Need it at all. You have several exemptions from 46.02 but just incase you don't fall under any of them you might want to have the CHL as well. NO you don't need to carry the card. disclaimer: ohyeahifyoudon'tmeetanyexceptionstotexaspenalcodechapter46.02suchascarryingavalidchlthenyoumightbechargedwithunlawfulcarryofweaponandloseyourchleligibiltyfor5yearsunlessyouweresomewherethatraisedittoafelonyandyoucanneverownfirearmsagain"

Geez, no need to get bent out of shape over something so trivial. I made a statement that didn't pass for all possible situations. It was implicit that the discussion was based on the idea of carrying solely under authority of CHL.

OK folks, keep the discussions civil or the thread will be locked.

Hos wrote:Thanks for this thread to "decode" the Penal Code.

Just like there's an NIV bible to replace the King James and Greek versions, I wish the Penal Code had a usable version that we could understand without having to contact the lawyers who wrote it.

Compared to some other states' statutes, Texas is practically The Living Bible.

If you want your head to spin, you should try reading Massachusetts gun law.