TexasCHLforum.com

Here's a case where a guy with a FL carry license was stopped by a Maryland LEO, after the LEO ran his plates and learned the guy had a FL CC license. Actually, the article says the LEO knew the man "owned a gun", but doesn't specifically state how the LEO obtained that knowledge. Maybe the gun was purchased in a state that maintains a database? It's possible that his FL CC permit was not the source of the gun information.... However he came to the knowledge, the LEO accused the FL man of being in possession of a gun (with, apparently, only a records check as PC), and violated him and his family for several hours on the side of I-95.

http://tbo.com/list/columns-tjackson/ja ... -20140112/" onclick="window.open(this.href);return false;

Aside from being upset about the malice of this LEO towards a fellow citizen, the incident begs the question.... When I'm traveling out of state, and a LEO runs my plate (or my DL), will that link back to the fact that I have a CHL and will Texas share that information with the out-of-state LEO that ran the plate?

From the linked article:

Ten minutes later he’s back, and he wants John out of the Expedition. Retreating to the space between the SUV and the unmarked car, the officer orders John to hook his thumbs behind his back and spread his feet. “You own a gun,” the officer says. “Where is it?”

“At home in my safe,” John answers.

“Don’t move,” says the officer.

Now he’s at the passenger’s window. “Your husband owns a gun,” he says. “Where is it?”

Wow, that is messed up big time! I could see confiscating authorities saying the exact same thing to a gun owner forced to register his weapons. " I know you have a gun....where is it?"

Whether it's not done officially or not, I think you should count on at least the Feds having your CHL data. I'd bet that if the state hasn't given them the data, and it may well have not, then they hacked the state's database and have it anyway.

RoyGBiv wrote:...When I'm traveling out of state, and a LEO runs my plate (or my DL), will that link back to the fact that I have a CHL and will Texas share that information with the out-of-state LEO that ran the plate?

Most probably. Other states can query the TX Driver's License database through the NLETS network. And since your CHL status is noted on your driver's license record, it's an even bet that Texas DOES NOT strip out that info before reporting it to the out-of-state officer that's making the inquiry.

I think this one is already running in another thread as well:

viewtopic.php?f=15&t=71005

TxLobo wrote:

n5wd wrote:

RoyGBiv wrote:...When I'm traveling out of state, and a LEO runs my plate (or my DL), will that link back to the fact that I have a CHL and will Texas share that information with the out-of-state LEO that ran the plate?

Most probably. Other states can query the TX Driver's License database through the NLETS network. And since your CHL status is noted on your driver's license record, it's an even bet that Texas DOES NOT strip out that info before reporting it to the out-of-state officer that's making the inquiry.

I really wished this falsehood would get buried..

If DPS releases your CHL status the law requires them to notify you.

Sec. 411.192. CONFIDENTIALITY OF RECORDS.
(c) The department shall notify a license holder of any request that is made for information relating to the license holder under this section and provide the name of the agency making the request.

Dori wrote:If DPS releases your CHL status the law requires them to notify you.

Sec. 411.192. CONFIDENTIALITY OF RECORDS.
(c) The department shall notify a license holder of any request that is made for information relating to the license holder under this section and provide the name of the agency making the request.

Then we ASSUME that TX gives-out the information? Is that stated anywhere, specifically, that they will/would release any-or-all info in the CHL file?

Your CHL is tied to your Texas DL. When an out of state agency runs your DL there is a field that reads CHL: Yes.
Since this is a DL inquiry and not a formal CHL inquiry there is no duty to inform the license holder of the inquiry.
If an agency sends an inquiry specifically inquiring about your CHL, then the DPS will send the license holder a notice of inquiry.

dac1842 wrote:Your CHL is tied to your Texas DL. When an out of state agency runs your DL there is a field that reads CHL: Yes.
Since this is a DL inquiry and not a formal CHL inquiry there is no duty to inform the license holder of the inquiry.
If an agency sends an inquiry specifically inquiring about your CHL, then the DPS will send the license holder a notice of inquiry.

It believe it also depends on the other state's system and the level of request they make. If they only request Wants/Warrants from the other state then it may not return a CHL status. If they run a full request to NLETS, then I believe it does show up.

dac1842 wrote:If an agency sends an inquiry specifically inquiring about your CHL, then the DPS will send the license holder a notice of inquiry.

I got that. What I wanted to know for a fact was "does TX DPS in turn share all information in the CHL file(s) they have on us with any other state that requests it"?

TomsTXCHL wrote:

dac1842 wrote:If an agency sends an inquiry specifically inquiring about your CHL, then the DPS will send the license holder a notice of inquiry.

I got that. What I wanted to know for a fact was "does TX DPS in turn share all information in the CHL file(s) they have on us with any other state that requests it"?

... If you read the whole of PC 411.192 it's says pretty clearly...

http://codes.lp.findlaw.com/txstatutes/ ... /H/411.192" onclick="window.open(this.href);return false; subsection (a) reads, in part...

Information on an individual subject to disclosure under this section includes the individual's name, date of birth, gender, race, and zip code. Except as otherwise provided by this section and by Section 411.193, all other records maintained under this subchapter are confidential and are not subject to mandatory disclosure under the open records law, Chapter 552.

The remaining question is, however... If an out of state LE agency requests the information, is that an "open records" request or something that falls under a completely different set of laws/limitations?

so the question is....what kind of request did the Mass. cop send FL assuming they have the same type of set up, keeping in mind that the driver said the cop was behind him for 10 mins.

Also, another thing....did the driver have an NRA or other tell-tale sticker or license plate rounder on his car that would cause the officer to ask for such info. what can you do to prevent a request? We don't have anything on our car, nothing at all.

Whether Texas DPS is blatently violating Texas law or playing games to avoid complying with the law, I come to the same conclusion. It is unwise to have a CHL and DL from the same state if that state is Texas.