TexasCHLforum.com

cb1000rider wrote:

EEllis wrote: Honestly this is a stinker of a case. There is almost no way it even gets to court never mind being found guilty. I have trouble imagining this even being put in front of a judge but sometimes in small towns you get some surprising results. If this cost me more than $500 bucks I would figure an attorney was working me because this is a phone call case.

You can get very surprising results in small towns, especially when adjudicated by a JP. Course, if you can afford it, you can appeal to a real judge...
I didn't spot the part where he didn't get arrested - that's interesting..

You're right but this can't be a JP case because of the severity.

No charge here... Looks like the PD solved the "problem" at hand.

If I was this guy, I'd simply ask for my CHL back. I might follow it up with a registered letter with a copy of state law. Hopefully smarter heads prevail..
After than, I choose to get it re-issued (duplicate) or spend $250/hr with an attorney...

cb1000rider wrote:

EEllis wrote: Honestly this is a stinker of a case. There is almost no way it even gets to court never mind being found guilty. I have trouble imagining this even being put in front of a judge but sometimes in small towns you get some surprising results. If this cost me more than $500 bucks I would figure an attorney was working me because this is a phone call case.

You can get very surprising results in small towns, especially when adjudicated by a JP. Course, if you can afford it, you can appeal to a real judge...
I didn't spot the part where he didn't get arrested - that's interesting..

I don't think the JP's can try Class A Misdemeanors, would need to go to the county level.

In his shoes I would pay $25 for a replacement and move on with my life.

philip964 wrote:Concealed is concealed.

I suspect the clinic now has a civil action against them if he decides he wants his legal fees reimbursed by someone.

ON what grounds pray tell?

I think this situation is a little strange. Police can take the CHL, along with your weapon and are required to, as evidence when you are arrested. The interesting thing is that he was not arrested and the weapon was not confiscated so taking the CHL is probably unlawful.

Hand Gun: is that when you make a gun out of your hand when your a kid?

Since he is not arrested, I think that the local PD was just trying to teach him a lesson and jacked with him. He should pay $25 and file for replacement of lost license. If he truly lost his CHL priviledges, he would've been arrested.

If he sues, but it'll be a hassle. I think a simple letter from your lawyer to their sheriff should suffice.

Sad that the police don't know the law... ignorance is no excuse for civilians, so why does the PD get a pass? Didn't the PD make him a criminal when they took his CHL and left the weapon with him to carry home w/o a CHL?

A pass?

What makes a "pass" largely depends on what was done and who is there to enforce it. In this case, the PD did something that they shouldn't have done. Was it criminal action to take that license? I'm not sure.. Who owns the license? If it a criminal act, who do you get to enforce it? The PD won't do it. Good luck getting an ADA to take it up.

It's probably actionable in civil cause. How actionable? Well, the Levelland man is out the time and expense it would take to either recover the license from the PD or have the state re-produce it. What's that worth? Probably not much.

The PD probably didn't create a criminal situation if they sent the man home with a firearm in his car.. They just took away his right to carry that firearm legally.. and just for a while.

Smells like a pass to me.


I don't like it either, but it sounds like they solved the "problem" at hand with disregard to the law because they either ignored it or didn't know it.

Rather than escalate this up to a hanging offense, I'd just start with supervisors at the local PD. If an appropriate response isn't provided, then escalate it from there.. Hiring an attorney as the PD took the license as a first response, especially if there are no criminal charges sounds like a good way to run up some bills to me.

flechero wrote:Didn't the PD make him a criminal when they took his CHL and left the weapon with him to carry home w/o a CHL?

MPA would cover him for the drive home.

What if he called DPS and reported it stolen?

C-dub wrote:What if he called DPS and reported it stolen?

That would be great!

gringo pistolero wrote:

C-dub wrote:What if he called DPS and reported it stolen?

That would be great!

That could lead to being arrested for filing a false police report. Unless the officers took the ID for their own use, resale, etc, it would not be theft. In this situation they , wrongly in my opinion, believed the man had committed a crime. They seized his CHL as evidence they believed pertained to that crime. The worst thing that happened is that at a later point the DA, detectives, or whoever, decide that they don't believe there was a crime and release the ID because then it's no longer evidence. That isn't theft. Now if these officers said they were taking the CHL for some other reason or if they said it was because he couldn't be trusted or whatever then it could become a whole abuse of powers thing. If the cops know, and we are talking about being told by the DA or their boss or having tried and failed to be able to prosecute multiple times not "internet" knowing, that there is no possible case then there would also be an issue. We have absolutely no evidence presented that anything like that occurred so ......

EEllis wrote:

gringo pistolero wrote:

C-dub wrote:What if he called DPS and reported it stolen?

That would be great!

That could lead to being arrested for filing a false police report. Unless the officers took the ID for their own use, resale, etc, it would not be theft. In this situation they , wrongly in my opinion, believed the man had committed a crime. They seized his CHL as evidence they believed pertained to that crime. The worst thing that happened is that at a later point the DA, detectives, or whoever, decide that they don't believe there was a crime and release the ID because then it's no longer evidence. That isn't theft. Now if these officers said they were taking the CHL for some other reason or if they said it was because he couldn't be trusted or whatever then it could become a whole abuse of powers thing. If the cops know, and we are talking about being told by the DA or their boss or having tried and failed to be able to prosecute multiple times not "internet" knowing, that there is no possible case then there would also be an issue. We have absolutely no evidence presented that anything like that occurred so ......

I would lean toward the abuse of power angle. Theft doesn't half to be for personal use or resale. If it were taken unlawfully, isn't that theft? How would the license itself be evidence? Wouldn't that be the gun in this case, which they let him keep?