Waiting window and having to show ID?

[CainA]

Here's the scenario: You are awaiting your license(it's been "issued" according to the DPS website, but hasn't arrived in the mailbox) and you get pulled over, do the cops know that you are a CHL'er at this time? You don't have the plastic to show them, 'cuz you're waiting for the mail. Anyone have this happen to them?

-Cain

[LCP_Dogg]

This just happened to me 2 weeks ago. I didn't get pulled over, though, fortunately.

But if I were to be, I would have told them up front immediately when I gave them my ID that I have a CHL issued but do not yet have plastic (and am not carrying right now if that is the case).

[seamusTX]

It was reported here once. Somebody who had not received his plastic in the mail was pulled over for a traffic stop, and the police officer asked about his CHL. I couldn't begin to find the thread now.

So apparently your status goes into whatever systems the cops use soon after it is issued.

I wouldn't worry about it; but then, I'm not a worrier.

- Jim

[kitty]

Wouldn't the issue date show up on the officer's computer when he runs your license? If it does, then he should already know that your license is "in the mail."

[seamusTX]

I don't know what information shows up on the officer's or dispatcher's computer. A LEO will have to say.

If you are not carrying, it's a non-issue. There is no requirement to present a CHL if you are not carrying, though some LEOs seem to be annoyed if you don't.

Thanks to the infinite wisdom of the Texas Legislature, we can now carry in a motor vehicle without a CHL. This creates a quandry. If you carry a concealed handgun in a motor vehicle without a CHL, you are not committing an element of an offense, and the officer has no probable cause to question or search you.

However, if you have a CHL, you are supposed to present it when asked for ID.

It's important to note that failure to present a CHL when required is not a criminal offense. You can't be cited or arrested for it. It is an administrative issue, similar to failing to get a building permit.

Most cops want to be reasonable about this sort of thing, outside of Harris County. If you find yourself in that situation, the best you can do is be diplomatic.

- Jim

[rm9792]

I dont understand the issue here. If you havent received it yet, then you arent carrying and arent required to show it. If the officer asks then you simply tell him you arent carrying and dont have it.

[CainA]

That's a good point guys and I didn't think about that when I started the thread. I know there have been endless threads about if you're not packing you're not required to show your CHL.

The odds of this happening are probably pretty slim, unless you're a habitual speeder or horrible driver.

-Cain

[LCP_Dogg]

The odds of this happening are probably pretty slim, unless you're a habitual speeder or horrible driver.

Or have a tail light out. I took my sister to DPS to renew her license the other day as she let it expire (*doh*) and they made her take the in-car driving test so we were getting ready for that when we noticed they have a list of equipment requirements so we checked and sure enough she had a brake light out!! OMG!! What a catch - 5 mins back and forth to Autozone and we have a new working brake light and so she went on to pass her test.. So check your brake lights ppl!!

[boomerang]

I dont understand the issue here. If you havent received it yet, then you arent carrying and arent required to show it. If the officer asks then you simply tell him you arent carrying and dont have it.

That's true if you're walking around downtown.

However, it's now legal to carry in your car without a CHL and some people do while waiting for their plastic.

[seamusTX]

Or have a tail light out.

That stuff happens. It's just a matter of luck.

But as I said, it is not a criminal offense to fail to show your CHL even if you have one. The cops can bluster about it, but they can't make anything stick to you.

I've left home without my wallet twice in recent years. I was a little nervous when I realized it, but I just drove carefully and went home ASAP.

However, it's now legal to carry in your car without a CHL and some people do while waiting for their plastic.

Someone who really wants to avoid this problem can just pack a shotgun in the car. Or an AR-15. That shouldn't bother the cops at all.

- Jim

[boomerang]

But as I said, it is not a criminal offense to fail to show your CHL even if you have one. The cops can bluster about it, but they can't make anything stick to you.

It's not a crime the first time but they can suspend your license. Then it's a Class B misdemeanor the second time.

GC 5411.205. DISPLAYING LICENSE; PENALTY. (a) If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 41 1.1 87.
(b) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.

[seamusTX]

In order for your license to be suspended, the LEO has to file an affidavit. Then you can request a hearing. I think your local JP would say that not having your CHL in the short window between having it issued and receiving it in the mail was no big deal. Next.

- Jim

[Morgan]

LOL I thought I was the only one who was thinking about that....

[seamusTX]

No, it comes up frequently, along with a bunch of other non-issues.

- Jim

[jimlongley]

Here's the scenario: You are awaiting your license(it's been "issued" according to the DPS website, but hasn't arrived in the mailbox) and you get pulled over, do the cops know that you are a CHL'er at this time? You don't have the plastic to show them, 'cuz you're waiting for the mail. Anyone have this happen to them?

-Cain

It was reported here once. Somebody who had not received his plastic in the mail was pulled over for a traffic stop, and the police officer asked about his CHL. I couldn't begin to find the thread now.

So apparently your status goes into whatever systems the cops use soon after it is issued.

I wouldn't worry about it; but then, I'm not a worrier.

- Jim

That may have been my incident. The short form is that I passed near a drunk sweep at 2am, and may have appeared to be trying to evade it, so I was stopped for having my license plate light out, and the officer spent a lot of time trying to smell alcohol on me.

The officer asked me if I was "packing" and my first thought, because I hadn't received my plastic yet and am kind of thick, was how did he know I was going out of town that day?

When he finally made it clear that he meant was I carrying a gun, I told him I did not have a CHL, and he said according to their records I did. The plastic arrived in the mail the next day.

I don't think there is any reliable way for the cops to assume that the card is in the mail.