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Multiple state permits: what happens if one gets revoked?
Posted: Wed Apr 19, 2006 10:23 pm
by nitrogen
Someone on another forum i frequent asked this question, and i'd love to get the opinion of you guys on it.
Forum member QKshooter on
http://www.combatcarry.com asked this:
I am BEST LEGAL GUESSING that if your Home State "License To Carry A Firearm" is temporarily revoked (for whatever reason) that you could NOT continue to legally carry a firearm in your Home State (following a Home State License revocation) even though you had OTHER valid Carry Permits from other additional States that have "permit reciprocity" with your Home State.
Example: If I were living in PA. & had my PA. L.T.C. temporarily revoked...I could not continue to legally carry in the State Of Pennsylvania even though I had an additional Valid FLORIDA License To Carry....that was (under normal circumstances) recognized and Valid in Pennsylvania.
I am Best Guessing that when Pennsylvania took away a Primary Home State Pennsylvania LTC that you have then lost your "right" to carry a firearm in Pennsylvania...regardless of how many other or multiple various State LTCs you had that were recognized in Pennsylvania.
Would that be a correct assumption?
I'd love to know how this'd work in Texas.
Posted: Thu Apr 20, 2006 9:46 am
by Kalrog
Hey Charles - I think we got another law school question here.
Posted: Thu Apr 20, 2006 10:08 am
by gigag04
Just taking a stab before we get a real answer, but it may depend on if your approval of the secondary license was dependent on your tx license. Also, it may factor if the issue at hand for loosing the tx CHL would also disqualify the out of state license (ie felony).
Posted: Thu Apr 20, 2006 1:07 pm
by Charles L. Cotton
Kalrog wrote:Hey Charles - I think we got another law school question here.
Not another one!!
As long as the person has a CHL from a state that is recognized in Texas (full reciprocity or unilateral recognition), I don't see how he/she could be prosecuted for violation of TPC §46.02.
Some facts could change this opinion:
1) Issuance of a restraining order or protective order (federal law);
2) Conviction of a felony (Texas and federal law);
3) Automatic suspension or revocation of the other state's CHL upon suspension of the Texas CHL (Texas law).
Numbers 1 & 2 would not make prosecution under TPC §46.02 possible, but the person could be charged under federal law for No. 1, or in the case of No. 2, under Texas law for felon in possession.
Good question! Be careful about posting this in another forum, as this applies only to my interpretation of Texas law.
Regards,
Chas.
Posted: Thu Apr 20, 2006 1:09 pm
by Charles L. Cotton
gigag04 wrote:Just taking a stab before we get a real answer, . . .
I don't know about "real answer," it's just "Cotton on the law" again.
Chas.
Posted: Thu Apr 20, 2006 8:45 pm
by RPBrown
Charles L. Cotton wrote:gigag04 wrote:Just taking a stab before we get a real answer, . . .
I don't know about "real answer," it's just "Cotton on the law" again.
Chas.
Kind of like frosting on a cake.
Glad Charles is around to keep us rednecks straight