Crossing State Lines

[casingpoint]

Does a registered automobile owner's CHL status come up when a cop runs an out-of-state plate number?

[bci21984]

that is a good question, im not sure if CHL status is listed on NCIC or not. ive been a tlets requester/operator for 6 years and of all the out of state id's and dl's ive ran ive never had an out of state chl pop-up.

[Keith B]

No, it does not show up against the plate. Only shows when you individually are ran in a check, but not in other states systems or NCIC.

[C-dub]

I didn't think it would either. They would have had to have access to the DPS database and I can't imagine Texas allowing that.

[boomerang]

I think they would need to access TCIC for Texas CHL status. In addition, my car isn't registered in my name, so running my license plate won't provide any information about my CHL status, even in Texas.

[casingpoint]

What I'm concerned about is when stopped in a state where residents have a duty to disclose if they have a CHL, is that same burden also on the out-of-state traveler?

[Kevinf2349]

What I'm concerned about is when stopped in a state where residents have a duty to disclose if they have a CHL, is that same burden also on the out-of-state traveler?

My own feeling (and plan for when I went out of state) is that I am going to hand the CHL over with the licence as I would be carrying anyway. YMMV but I would rather do that than get some backwater county mountie over excitied about not telling them.

[srothstein]

What I'm concerned about is when stopped in a state where residents have a duty to disclose if they have a CHL, is that same burden also on the out-of-state traveler?

Yes, the same burden would apply to you (as a general rule without reading the other state's law exactly, of course). for example, we have a law that requires a CHL to produce his CHL with his DL if he is carrying and the police ask for ID. Nowhere in this does it say a Texas CHL only, nor does it specifically say it includes out of state CHL's. So we have to look at the way it is worded and the concepts behind the law. Our demand law says a license issued under chapter 411 of the GC. This chapter includes the recognition of out of state licenses, which would make those we recognize now issued under chapter 411.

So, an out of stater in Texas would have the same duty to produce his license as a Texan would. But how would the cop know. In Texas, of course, he gets Texas CHL's on the DL return, but the officer cannot get out of state CHL's. So, if you were truly carrying concealed and from out of state, the officer would write the ticket or warning or whatever and you would go on your way without a problem. UNLESS, the officer decides to arrest you for some reason (he can for just a traffic ticket other than speeding or open container), or asks for permission to search and you give it. Then the officer finds the gun and doesn't know you have a CHL and things go downhill fast.

I would presume the logic would apply the same way in other states, but I have not even started to check their state laws to find out. If I were going to another state, I would behave the exact same way their laws require them to behave. It is the best way to avoid trouble.

[03Lightningrocks]

The old saying, "When in Rome......" would apply here. You are required to abide by the laws of the State you are in at the time, regardless of which States CHL you are carrying under. If the laws of the state I am in require I disclose my CHL, that is what I do. If the laws of the state I am in don't require disclosure...then I wouldn't.

[cbr600]

What I'm concerned about is when stopped in a state where residents have a duty to disclose if they have a CHL, is that same burden also on the out-of-state traveler?

Every state varies but in NC we were obligated to "disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer" but not if you're carrying openly instead of concealed.

[boomerang]

So, an out of stater in Texas would have the same duty to produce his license as a Texan would. But how would the cop know. In Texas, of course, he gets Texas CHL's on the DL return, but the officer cannot get out of state CHL's. So, if you were truly carrying concealed and from out of state, the officer would write the ticket or warning or whatever and you would go on your way without a problem. UNLESS, the officer decides to arrest you for some reason (he can for just a traffic ticket other than speeding or open container), or asks for permission to search and you give it. Then the officer finds the gun and doesn't know you have a CHL and things go downhill fast.

Why wouldn't MPA apply?

[ScottDLS]

What I'm concerned about is when stopped in a state where residents have a duty to disclose if they have a CHL, is that same burden also on the out-of-state traveler?

Every state varies but in NC we were obligated to "disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer" but not if you're carrying openly instead of concealed.

NC has one of the least friendly concealed carry laws of any shall-issue state. I like the "approached or addressed" by the officer. So I'm carrying at my friend's wedding reception, not drinking of course, because of the NC "not a drop" concealed carry regs. All of a sudden an old friend who is a Boone, NC police detective (off duty) recognizes me and says, "Hey, ScottDLS! How's it going?" I say "Hi Glen, haven't seen you in 19 years!...Oh sorry, here is my reciprocally recognized Texas Concealed Handgun License, and I am carrying..." Idiotic.

Grew up in the Tar Heel state in the '70's & '80's and enjoyed my years there. However, I am glad to be a Texan.

[ScottDLS]

So, an out of stater in Texas would have the same duty to produce his license as a Texan would. But how would the cop know. In Texas, of course, he gets Texas CHL's on the DL return, but the officer cannot get out of state CHL's. So, if you were truly carrying concealed and from out of state, the officer would write the ticket or warning or whatever and you would go on your way without a problem. UNLESS, the officer decides to arrest you for some reason (he can for just a traffic ticket other than speeding or open container), or asks for permission to search and you give it. Then the officer finds the gun and doesn't know you have a CHL and things go downhill fast.

Why wouldn't MPA apply?

Good point. And even if MPA didn't apply, your "duty" show your out of state license, if ignored, carries no penalty. If you subsequently produce your (TX recognized) out of state license you would be innocent of UCW.

[LarryH]

So, an out of stater in Texas would have the same duty to produce his license as a Texan would. But how would the cop know. In Texas, of course, he gets Texas CHL's on the DL return, but the officer cannot get out of state CHL's. So, if you were truly carrying concealed and from out of state, the officer would write the ticket or warning or whatever and you would go on your way without a problem. UNLESS, the officer decides to arrest you for some reason (he can for just a traffic ticket other than speeding or open container), or asks for permission to search and you give it. Then the officer finds the gun and doesn't know you have a CHL and things go downhill fast.

Why wouldn't MPA apply?

Good point. And even if MPA didn't apply, your "duty" show your out of state license, if ignored, carries no penalty. If you subsequently produce your (TX recognized) out of state license you would be innocent of UCW.

MPA is a Texas law, and does not apply outside the state. (IMHO)

[Bart]

So, an out of stater in Texas would have the same duty to produce his license as a Texan would.

MPA is a Texas law, and does not apply outside the state. (IMHO)