TexasCHLforum.com

bayouhazard wrote:

jeeperbryan wrote:
Once he becomes a resident I would expect that he obtain a TX CHL. Of course there should be a reasonable grace period so that his right to carry is not infringed. Same process as drivers licenses. We'll recognize your out of state driver's license for a period of time after becoming a resident. But you do have to get a TX license eventually.

Same process as a DL would mean no class, no hassle.

Pay $20 - $30 and walk out with a temporary license that's immediately valid.

I'm all for that, and 100% agree. However, not all out of state licenses are recognized as a "transfer" by Texas (or at least they weren't last time I looked into it). Commercial licenses, yes, Operator's licenses, not always.

But the principle remains the same, and is (in my mind) a valid one. (Edit) The adoption of a self-regulated set of standards by the various reciprocity states would enable this to work. (/edit)

bayouhazard wrote:
I don't understand. What changed that makes him less qualified now than when he carried all those months under reciprocity?

Nothing makes Mr. Smith "less qualified", per se. any more than he is now "less qualified" to operate a motor vehicle, however, at the point he changes his residency, he will have to obtain a Texas Driver's License, register his vehicles with Texas plates, and (should, as a matter of consistency) obtain a Texas CHL.

I'm of course, speaking in the proverbial (my ideal) world of CHL reciprocity being similar to Driver's license reciprocity.

(Edited for clarification)

My thoughts on this are, at best, incomplete. But I'll put them out here for consumption and/or criticism anyway--perhaps I can finish thinking through this issue with the help of others...

I see the Resident/Non-resident reciprocity much as I see a driver's license.

Contrary to popular belief, a (non-commercial) driver's license issued in one state is NOT a blanket "All over the U.S." license. It is a state-issued license that is honored by a reciprocity agreement.

The differences in driver's (or operators) license standards between the various states was the very reason the Commercial Drivers License program was created in the early 90's. In short, a Commercial Drivers License (CDL) is also a state-issued license, governed by the individual state, HOWEVER, the standards for a CDL are different than for a common Operator's License (non-commercial license -- e.g. a trucker vs. a passenger car operator).

CDL standards are governed by the Federal Motor Carrier Saftey Regulations, Part 49 (FMCSR), and in order for my Texas CDL to be honored by the other states, Texas' standards for issuance must meet AT LEAST the FMCSR standards.

Among those standards are the requirement that I only carry one drivers' license, issued by my home state, meet the criteria for driving the class of vehicles I am licensed for (up to and including very specific requirements for the road test...a certain number of left turns, right turns, stops, starts, shifting of gears, etc. Beleive it or not, when I got my Class-A CDL I was required to parallel park an 18-wheeler!).

For a standard Operator's license, the requirements are still different between various states. Although most states have adopted generally the same road-testing and written testing regulations, they are different between the states.

Now...that being said, while operating a commercial vehicle, under CDL standards, I was subject to the same laws and standards as any other driver in the state in which I was operating...with some additional caveats, and stricter regulations. For example, I was subject to hours of service rules, a log-book, and such that a non-commercial operator (including RV operators--essentially the same vehicles in many cases) are not subject to.

I can remember having a problem renting a car in some state (really don't remember where) in about '96 on a Texas driver's license--due to the lack of license reciprocity. When I presented my COMMERCIAL Driver's License, however, the problem went away.

So. With that clearly in my head, but probably not clearly stated, here's where I go with it.

Utah has a no-shoot option. Florida will accept my "proof of competency with a firearm" in the form of a Texas Hunter's Saftey card (which I earned when I was about 15). And so on. We're in about the same position with Concealed Handgun Licenses (Pistol permits, weapons permits, etc.) that we were with "Commercial Drivers Licenses" or "Chauffeur's Licenses" or "Class-A,B,C" licenses as we were 20-30 years ago.

No matter how much we think we want a "Federally issued/governed" CDL program, I don't think we do. As a matter of states rights and state-control, we want reciprocity instead. Although the net result is the same, the "longarm" factor is much different. Do you REALLY want the I.R.S. (or worse, the BATFE) to issue your CHL? (That's likely where the program would land...certainly somewhere within the Treasury Department...)

What we need is for states who wish to have reciprocity (Texas, Vermont, Alaska, Missouri, Oklahoma, and several others that honor "all permits" come to mind) to come together on a Reciprocity standard, and then individually tailor their licensing requirements to meet this standard.

Under such a model, states that wish to issue "easier" licenses could continue to do so, but with the caveat that it is not a reciprocal license. This is much like the Texas CDL program which issues an "Interstate Commerce (non-restricted) or "Intra-State Commerce Only" license for those who meet the general TEXAS CDL requirements, but not necessarily the Federal "Reciprocity Eligible" requirements (This is used so Texas can issue a CDL in any class to 18-20 year olds, while the Full Interstate CDL requirement is 21 years of age).

I'm not usually a fan of the DMV/DOT, but I have to admit, the CDL program (after some adjustments and growing pains) is one thing they got right.

Sorry for the long post. Lots of (still not complete) thoughts here. What do you think? Am I on to something, or just way off base? :)