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What if sceanario
Posted: Tue Mar 25, 2008 3:17 pm
by wrinkles
Ok here's a question that I've been mulling over in my head.
sceanario
1. At this point I always carry a gun in my car since the new law, center console concealed.
2.Now I have applied for my CHL.
What if after I have being approved and CHL license has been issued, but I still haven't received it, I get stopped while carrying the gun in my car. The drivers license check will show I have a CHL but I won't have it with me and I'll be carrying without my license. Once in a million but has this ever happened?
I know I'm being a bit about it.
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Re: What if sceanario
Posted: Tue Mar 25, 2008 3:26 pm
by seamusTX
In the first place, no one seems to know how long it takes the information to get into the DPS computer that police use. You might get the plastic before the computer shows that you have a CHL.
If you actually have a CHL and don't show it to the officer, it is not a criminal offense the first time it happens. Most reasonable officers would cut you some slack.
In any case, it's a two-week window at most.
- Jim
Re: What if sceanario
Posted: Sat Mar 29, 2008 7:16 am
by TDDude
Do yourself a favor and don't carry concealed until you have the plastic. You are depending on an overworked, underpaid state employee to enter some information about you into a computer someplace and it may not get done correctly.
I guess I'm a bit paranoid but I've known a few folks who have been mistakenly arrested at traffic stops because some warrant was still on their record because something wasn't cleared off some computer someplace.
You are allowed to carry a pistol in your car anyway. YOu just can't carry it on your person.
Re: What if sceanario
Posted: Sat Mar 29, 2008 7:21 am
by AEA
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Carrying in your car is one thing, while carrying as CHL on your person is another. Two totally different things. But, as stated above, there may be LEO's working that do not know the difference, or just don't care.........
You may be unlucky enough to get one of them but the chances are about 85% in your favor I believe. You should have your plastic in only a few days after it shows license issued. Good Luck!
Re: What if sceanario
Posted: Sat Mar 29, 2008 7:33 am
by Target1911
My status flipped to Active on 3/37.....plastic arrived in the mail on 3/28. I dont know how long till the DL check shows I have a CHL. You can still carry in your car, just not outside of your car, untill you get your plastic in hand.
Re: What if sceanario
Posted: Sun Mar 30, 2008 8:57 am
by Liberty
TDDude wrote:Do yourself a favor and don't carry concealed until you have the plastic. You are depending on an overworked, underpaid state employee to enter some information about you into a computer someplace and it may not get done correctly.
I guess I'm a bit paranoid but I've known a few folks who have been mistakenly arrested at traffic stops because some warrant was still on their record because something wasn't cleared off some computer someplace.
You are allowed to carry a pistol in your car anyway. YOu just can't carry it on your person.
I know what you meant but I just want to clarify for the folks who might not understand the rules completely.
when doing car carry under the new car carry law. The handgun must still be concealed. The hand gun can be on your person while in the car.
While I don;'t believe the new law is completly clear about it. The gun should be concealed when being moved between ones home and their car.
Re: What if sceanario
Posted: Mon Mar 31, 2008 12:45 am
by KD5NRH
Target1911 wrote:My status flipped to Active on 3/37.....
Uhhh...
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Re: What if sceanario
Posted: Mon Mar 31, 2008 9:06 am
by lrb111
KD5NRH wrote:Target1911 wrote:My status flipped to Active on 3/37.....
Uhhh...
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It will be this coming Saturday.
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Re: What if sceanario
Posted: Sun Apr 13, 2008 11:27 am
by arod757
So just for a newbie's peace of mind: In my vehicle I can carry the gun on me concealed, just like I normally would if I had my chl already, right?
I'm thinking a scenario like: I'm carrying around the house, then leaving the house to the drive-through for some food, coming home, and never actually exiting my car except from home to vehicle and then vehicle to home. Or does the gun need to be stowed away in the car's glove box or center console or whatever after I get in the car?
Re: What if sceanario
Posted: Sun Apr 13, 2008 11:34 am
by seamusTX
In your scenario, you are completely legal.
However, what happens if you have a fender-bender? The moment you step out of the vehicle on a road or in a parking lot, you are carrying illegally.
- Jim
Re: What if sceanario
Posted: Sun Apr 13, 2008 7:03 pm
by WildBill
wrinkles wrote:Ok here's a question that I've been mulling over in my head.
sceanario
1. At this point I always carry a gun in my car since the new law, center console concealed.
2.Now I have applied for my CHL.
What if after I have being approved and CHL license has been issued, but I still haven't received it, I get stopped while carrying the gun in my car. The drivers license check will show I have a CHL but I won't have it with me and I'll be carrying without my license. Once in a million but has this ever happened?
I know I'm being a bit @nal about it.
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If you haven't gotten the license yet then you can't carry under the CHL law. It doesn't matter what the DPS website says. It has no legal standing.
Re: What if sceanario
Posted: Sun Apr 13, 2008 7:31 pm
by LarryH
WildBill wrote:
wrinkles wrote:Ok here's a question that I've been mulling over in my head.
sceanario
1. At this point I always carry a gun in my car since the new law, center console concealed.
2.Now I have applied for my CHL.
What if after I have being approved and CHL license has been issued, but I still haven't received it, I get stopped while carrying the gun in my car. The drivers license check will show I have a CHL but I won't have it with me and I'll be carrying without my license. Once in a million but has this ever happened?
I know I'm being a bit @nal about it.
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If you haven't gotten the license yet then you can't carry under the CHL law. It doesn't matter what the DPS website says. It has no legal standing.
True enough. However, I don't think that was his question. He can still have the gun in his car, CHL in hand, CHL on-the-way, or no-CHL-at-all.
As Jim said, if he were to step out of the car with the gun on his person, he would immediately be illegal. (Is that what you were getting at?)
Re: What if sceanario
Posted: Sun Apr 13, 2008 7:48 pm
by WildBill
What if after I have being approved and CHL license has been issued, but I still haven't received it, I get stopped while carrying the gun in my car. The drivers license check will show I have a CHL but I won't have it with me and I'll be carrying without my license. Once in a million but has this ever happened?
LarryH - What Jim says is true. My response is that it is irrelevant what the DL check showed about the CHL status.
Re: What if sceanario
Posted: Mon Apr 14, 2008 7:02 am
by kd5zex
While I like the new law, I do not carry whilst driving. With my luck my truck would break down and I would be forced to leave the pistol inside the truck on the side of the road.
Re: What if sceanario
Posted: Mon Apr 14, 2008 9:28 am
by wrinkles
Yep, the question was not, Can I carry on my person in the car or out of the car on my person.
The question was, since I always carry a gun in my car's, center console, concealed and I have applied for a CHL. What if I get stopped by DPS after having been issued my CHL, but I have not received it in the mail yet. When the DPS checks my license it will show that I have been issued a CHL.
At that point:
1. I would have a CHL.
2. I would be carring in my car.
3. I would not have informed the officer of the firearm.
4. I would not have presented my CHL while carring a firearm.