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by Charles L. Cotton
Fri Dec 31, 2004 9:47 pm
Forum: Other States
Topic: Pending Reciprocity Agreements Posted on DPS Website
Replies: 11
Views: 4904

mec wrote:the unilateral agreement is no bad thing. Several states recognize texas and other state licenses although texas is not reciprocal with them.
I agree! We had too many years with little or no action. In fact, Texas' delay in negotiating an agreement with Oklahoma prompted that State to change its CHL law. Prior to Texas' foot-dragging, the Oklahoma statute recognized all other states' CHL's. As a direct result of their CHL's complaining about not being recognized by Texas, their Legislature changed their statute to require reciprocal recognition, in order to recognize another state's CHL.

Chas.
by Charles L. Cotton
Fri Dec 31, 2004 11:55 am
Forum: Other States
Topic: Pending Reciprocity Agreements Posted on DPS Website
Replies: 11
Views: 4904

DPS WEBSITE UPDATED RE: NEW MEXICO

The DPS website has been updated regarding the status of New Mexico. As noted in the quote below, Gov. Perry's proclamation was a unilateral recognition of New Mexico CHL's, not a reciprocal agreement. Hopefully, this will prompt the New Mexico Legislature to enact the amendments that will provide for reciprocity, during their 2005 legislative session.

Before folks get upset at the thought of a unilateral proclamation, please note that Gov. Perry was required to do this, per our CHL statute. Please see my above post for more detail.

Here is the language from the DPS site:

"*Note: Texas Governor Rick Perry signed a unilateral proclamation on December 29, 2004 allowing citizens with concealed handgun licenses issued by New Mexico to legally carry concealed handguns in Texas. This is not a reciprocal agreement, therefore, Texas Concealed Handgun Licenses are NOT recognized in New Mexico and Texas citizens with concealed handgun licenses may NOT legally carry concealed handguns in New Mexico. This is the first "unilateral" proclamation issued by Texas.

The DPS site is at: http://www.txdps.state.tx.us/administra ... rocity.htm

Regards,
Chas.
by Charles L. Cotton
Thu Dec 30, 2004 1:56 pm
Forum: Other States
Topic: Pending Reciprocity Agreements Posted on DPS Website
Replies: 11
Views: 4904

Pending Reciprocity Agreements Posted on DPS Website

The DPS has posted a notice that reciprocity agreements are forthcoming with Colorado and New Mexico. Based upon the wording, it appears the agreements have been reached and that only the posting on DPS' website has yet to be done. Caveat: See the next paragraph.

A pending agreement with New Mexico is curious, as New Mexico law does not provide for reciprocity. I really don't know how this is going to work, but I suspect that New Mexico has reciprocity legislation ready for their 2005 session. UPDATE: Packing.org's New Mexico section also indicates that reciprocity legislation for New Mexico's 2005 Legislative Session is expected.

If I held a New Mexico CHL, I would not carry in Texas until this is completely ironed out. The notice on DPS's site references a pending reciprocity agreement, not unilateral recognition of New Mexico CHL's. However, many folks are not aware that the Texas Governor "shall" issue a proclamation that other states' CHL's are recognized in Texas, if the Attorney General has determined that a background check sufficient to meet a NICS check is performed before the CHL is issued. (See Tex. Govt. Code Section 411.173(b)). So, it's possible, indeed mandated, that the Governor issue such a proclamation, but smart money would wait to see it posted on the DPS website before carrying on a New Mexico CHL.

Stay tuned folks; this is looking good.

The DPS posting can be seen at: http://www.txdps.state.tx.us/administra ... rocity.htm

The Texas reciprocity statute can be seen at: http://www.capitol.state.tx.us/statutes/gv.toc.htm then following the link to Government Code Section 411.173(b)

Regards,
Chas.

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