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Canadian Resident want's Texas CHL

Posted: Sun May 20, 2007 6:34 pm
by AEA
I am a TX CHL Holder and my Son who lives in Canada visits every year and we go to the range together. He really enjoys shooting his HK USP .45 that I got for him, but I am a 1911 guy.....ha ha.....

Anyway, he was born in McKinney, TX in 1985 and we moved to Canada (Mother Canadian) in 1990. I returned to TX alone in 2003 and he has visited me every year for about a Month each time. So he is a US Citizen (but also a Canadian Citizen) (Dual Citizenship).

He was 5 years old when we moved to Canada. Now he is 21. He would like to get a TX Non-Resident CHL and carry while he is in Texas. Is this possible?
He is as sensible Guy and currently being considered for a position with his Local Police Agency (Royal Newfoundland Constabulary). He actually should receive the go/no go in the next couple of weeks. It helps that his Uncle up there is the Deputy Chief of the Department!

Anyway, can someone that knows the in's & out's of the Non Resident CHL for TX let me know if this is possible and where can I find more information on it? I have done a search here and on the DPS Site with no luck yet for this circumstance.

Posted: Sun May 20, 2007 7:33 pm
by Crossfire
You have not given any information that would prevent him from qualifying for a Texas CHL.

Posted: Sun May 20, 2007 7:37 pm
by seamusTX
I have to say "probably not":
GC §411.173. NONRESIDENT LICENSE. (a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of a state another state [sic] or if the person relocates to this state with the intent to establish residency in this state.
Even though he is a citizen of the United States, Texas law seems to require him to be a resident of a state.

(This would seem to disqualify residents of D.C., Puerto Rico, etc.)

I recommend calling DPS.

- Jim

Posted: Sun May 20, 2007 8:25 pm
by Liberty
seamusTX wrote:I have to say "probably not":
GC §411.173. NONRESIDENT LICENSE. (a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of a state another state [sic] or if the person relocates to this state with the intent to establish residency in this state.
Even though he is a citizen of the United States, Texas law seems to require him to be a resident of a state.

(This would seem to disqualify residents of D.C., Puerto Rico, etc.)

I recommend calling DPS.

- Jim
I'm not sure I understand the law, but Canada is a state even if its not a state of the United States it is a sovereign state after all.

Posted: Sun May 20, 2007 8:34 pm
by txinvestigator
Liberty wrote:
seamusTX wrote:I have to say "probably not":
GC §411.173. NONRESIDENT LICENSE. (a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of a state another state [sic] or if the person relocates to this state with the intent to establish residency in this state.
Even though he is a citizen of the United States, Texas law seems to require him to be a resident of a state.

(This would seem to disqualify residents of D.C., Puerto Rico, etc.)

I recommend calling DPS.

- Jim
I'm not sure I understand the law, but Canada is a state even if its not a state of the United States it is a sovereign state after all.
Yeah, that is not quite the same, and no citizen of another country is getting a Texas CHL unless he is a resident of a US state and lawfully in the US.

Posted: Sun May 20, 2007 8:49 pm
by Liberty
txinvestigator wrote:
Liberty wrote:
seamusTX wrote:I have to say "probably not":
GC §411.173. NONRESIDENT LICENSE. (a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of a state another state [sic] or if the person relocates to this state with the intent to establish residency in this state.
Even though he is a citizen of the United States, Texas law seems to require him to be a resident of a state.

(This would seem to disqualify residents of D.C., Puerto Rico, etc.)

I recommend calling DPS.

- Jim
I'm not sure I understand the law, but Canada is a state even if its not a state of the United States it is a sovereign state after all.
Yeah, that is not quite the same, and no citizen of another country is getting a Texas CHL unless he is a resident of a US state and lawfully in the US.
I know its a stretch, but he is a citizen of the United States. and the law doesn't specifically say a US State. I would assume being here legally isn't an issue. Being a resident in another country doesn't automatically make a CHL null and void does it? It seems like DPS might go for it.

Posted: Sun May 20, 2007 8:52 pm
by txinvestigator
Liberty wrote:
txinvestigator wrote:
Liberty wrote:
seamusTX wrote:I have to say "probably not":
GC §411.173. NONRESIDENT LICENSE. (a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of a state another state [sic] or if the person relocates to this state with the intent to establish residency in this state.
Even though he is a citizen of the United States, Texas law seems to require him to be a resident of a state.

(This would seem to disqualify residents of D.C., Puerto Rico, etc.)

I recommend calling DPS.

- Jim
I'm not sure I understand the law, but Canada is a state even if its not a state of the United States it is a sovereign state after all.
Yeah, that is not quite the same, and no citizen of another country is getting a Texas CHL unless he is a resident of a US state and lawfully in the US.
I know its a stretch, but he is a citizen of the United States. and the law doesn't specifically say a US State. I would assume being here legally isn't an issue. Being a resident in another country doesn't automatically make a CHL null and void does it? It seems like DPS might go for it.
Wanna make it interesting? say.......$50 bucks or so? :reddevil

Posted: Sun May 20, 2007 8:58 pm
by Liberty
txinvestigator wrote:
Wanna make it interesting? say.......$50 bucks or so? :reddevil
Like I said, " I know it is a stretch" Just that it might be worth while pursuing. A few phone calls maybe, and maybe someone sympathetic with decision making power.

Posted: Sun May 20, 2007 9:01 pm
by txinvestigator
Liberty wrote:
txinvestigator wrote:
Wanna make it interesting? say.......$50 bucks or so? :reddevil
Like I said, " I know it is a stretch" Just that it might be worth while pursuing. A few phone calls maybe, and maybe someone sympathetic with decision making power.
So we have a bet? :cheers2: rofl

Posted: Sun May 20, 2007 9:07 pm
by AEA
Canada is a COUNTRY.....not a State!

He is here legally. He is a Dual Citizen.

He could simply change his address back to TX and apply for a regular TX CHL, but he does not want to have to change his address to mine just to get a CHL that he will only have the opportunity to use one Month out of the year.

So, that is why I am asking about the possibility of a Non Resident TX CHL.

I have a feeling that txinvestigator is correct. I hate to have to call DPS to get a clariification as you don't always get the correct answer on the 1st or even 2nd try!

I was hoping I would find someone in a similar circumstance that had already found the actual answer.

Posted: Sun May 20, 2007 9:12 pm
by txinvestigator
AEA wrote:. I hate to have to call DPS to get a clariification as you don't always get the correct answer on the 1st or even 2nd try!
That would be my concern. if he applies and they say NO, thats a bunch of money down the drain. :???:

Posted: Sun May 20, 2007 9:46 pm
by Crossfire
OK, so CALL the DPS, and then share the answer here. Please.

Posted: Sun May 20, 2007 11:33 pm
by yerasimos
Perhaps AEA's son can get a CHL equivalent in another state which Texas will recognize.

I looked at http://le.utah.gov/~code/TITLE53/htm/53_04005.htm and did not see any mention of citizenship or residency requirements. It might be elsewhere though; I have no idea as I do not have a Utah CFP. Seeing llwatson's CFP instructor status prompted me to peek at this.

I looked at Florida's CW/FL program, and their statutes seem to specify US residency (not just citizenship), with the exception of consular security officials attached to foreign countries' diplomatic missions located within the USA. http://www.flsenate.gov/Statutes/index. ... 06#0790.06

Posted: Mon May 21, 2007 5:55 am
by Liberty
AEA wrote:Canada is a COUNTRY.....not a State!

He is here legally. He is a Dual Citizen.

He could simply change his address back to TX and apply for a regular TX CHL, but he does not want to have to change his address to mine just to get a CHL that he will only have the opportunity to use one Month out of the year.

So, that is why I am asking about the possibility of a Non Resident TX CHL.

I have a feeling that txinvestigator is correct. I hate to have to call DPS to get a clariification as you don't always get the correct answer on the 1st or even 2nd try!

I was hoping I would find someone in a similar circumstance that had already found the actual answer.
There are several definations of the word "state" one of the definitions of state is a sovereign nation. As I mentioned its a stretch. You have to establish a 6 month residency to get a residency license.

Posted: Mon May 21, 2007 6:50 am
by seamusTX
Liberty wrote:There are several definations of the word "state" ...
Call me whacky, but I think when the Lege uses the word state, they mean a U.S. state.

DPS performs a background check in the counties where you live and work. They are probably not set up to do background checks in other countries. It wouldn't be that hard in the case of Canada, but imagine if someone who was a resident of Cambodia or Zimbabwe applied.

I suspect the omission of D.C. and the territories was an accident. I wonder if the issue has ever come up.

- Jim