TexasCHLforum.com

txinvestigator wrote:The exception for LEO's to carry does not include the requirement that they carry their credentials while working.


Texas Penal Code
§46.15. Nonapplicability.

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers, including commissioned peace officers of
a recognized state, or special investigators under Article 2.122,
Code of Criminal Procedure, and neither section prohibits a peace
officer or special investigator from carrying a weapon in this state,
including in an establishment in this state serving the public,
regardless of whether the peace officer or special investigator is
engaged in the actual discharge of the officer's or investigator's
duties while carrying the weapon;

The exception for YOU, the CHL holder DOES require the carrying of the license.

***am I missing something?***

Obviously not...

So I guess that those who lose, maim or destroy their "permission slip" will have to wait until they get a new one from the state...Cause we just can't be trusted without one at this particular juncture...

Maybe someday we won't need one of those things...Like Alaska and Vermont...

Wouldn't that just be a hoot?

I agree with y'alls comments...

This is not for me...I am carrying over a discussion from another forum, where there appears to be too much "How dare you carry without that permission slip attitude..."

This forum negates those assumptions and IANAL bull-butter...

I'm kinda wondering if anyone else sees what I see concerning this issue...

I'm all for following the letter of the law, and that my question is not to argue for the sake of argument, but to explore possible (speculative) situations that in the event of a non-malicious destruction, lost or stolen "CHL"...

Obviously it is a rare or uncommon event in our lives, and this has actually happened to my Dad, he lost his wallet, and was going through the process of replacing DL, credit cards, CHL etc etc...And since I didn;t pay it much mind at that time, I have begun to wonder about what can and cannot happen during the time that he was waiting for his replacement CHL...

Since your info is in the "system", and that is tied into the state database with your DL...If you are waiting for the state to process and issue the replacement CHL, how can that realistcally apply to the above section???

I'm not trying to press an antagonistic button here, but if it is a confirmable certification that is recorded on a proprietary database, why should you not be able to carry while the state prepares you a replacement CHL???

I say that if you have reported it, and paid the fee to get the replacement CHL sent to you, the time between that CYA phone call, paying the fee, and then waiting on the state...You would think you would still be covered...

I think its similar to a change of address condition...You go through the exact same procedure...

I'm not asking permission, nor an excuse to be negligable in the care of your personal information...We do the best we can everyday...

If a cop loses his or her immediately identifable credentials, does that mean they can't do their job till they get the replacement credentials...Your certification is registered and easy to confirm with the State you are commisioned in...

I personally don't plan on losing anything...This issue just made me think about what really is at stake during the time you're waiting on the state to get the lead out and replace the CHL so there is no problems...

Yep...That appears to be the jeopardy you are in if you do carry a firearm without that little card with you...

So what you're saying is that regardless of why you do not have that little card with you, you better not carry...

Until the state gets your replacement fee and processes you a new one right?

The statute 46.02 along with 46.15 describes the issue...

But what gets me is that if you lose your "card"...Should you be able to claim it as lost or stolen, pay the fee to get a new one issued, and while that administrative process is underway, shold you still carry and not be penalized for not having the little card that says you can...

Also, would the same apply for changing addresses???

You pay the $25, give them the new info...You personally have 30 days to inform the state of this condition, same as other licenses etc etc...

But the state certainly is in no rush to physically replace the license...I don't even think I saw a time limit for them to adhere to...

I know what I would consider doing, and thats a personal choice...

But where is the real jeopardy to us??? If you have done everything you are suppose to do in these regards, shouldn't you still be able to carry???

Just thought I would throw this out here for general consumption...