unlawful carry of a handgun (licensed)

[Target1911]

PLEASE let us know what happens

[KBCraig]

Okay, something just isn't right about this. We're obviously missing a vital piece of information, but jhutto seemed like he didn't have that info, either. He seems to have done the wise thing and shut up about this until his lawyer says he can speak. As much as I'd like to know the details, I hope he waits until it's legally feasible before releasing more information.

"Unlawful carrying of a handgun by license holder" is PC 46.035.
Short version:
- Intentionally fails to conceal
- Carries in/at:
-- 51% location
-- High school, collegiate, or professional sporting event
-- Correctional facility
-- Meeting of a government entity (if posted 30.06)
-- While intoxicated

That's it. That's the whole list, at least for "unlawful carry of a handgun (licensed)" (sic).

A DPS office meets none of definitions (even if they have a holding cell, it's not a "correctional facility"). If he was intentionally open carrying, he's out of luck. If the charge was based on intoxication, I think he'd also know (there would have to be some kind of field sobriety test or evaluation).

So...

[KBCraig]

I reread some of jhutto's earliest posts here and there was an issue with uncertainly about a charge from New York and its disposition. While it should have been discovered and dealt with during his CHL background, I wonder if it cropped up again and showed on his record.

If his CHL was suspended/revoked based on that NY incident, then he should have been notified. Plus if he'd been revoked, he wouldn't have a CHL, so the charge of 46.035 wouldn't apply.

It will help when we finally know what the actual charge is.

[gmckinl]

That's a little disturbing. I wasn't aware that CHL status came up when renewing a driver's license.

It does come up. My wife was outed at the DMV a month or two ago when she renewed her DL. The employee said something along the lines of "oh, I see you have a CHL".

[Kalrog]

That's a little disturbing. I wasn't aware that CHL status came up when renewing a driver's license.

It does come up. My wife was outed at the DMV a month or two ago when she renewed her DL. The employee said something along the lines of "oh, I see you have a CHL".

Something to add to the next legislative session?

[CHL/LEO]

My wife was outed at the DMV a month or two ago when she renewed her DL.

It's my understanding that they run every one's DL when they come in. They check for warrant's etc. Whenever you run some one's DL the system automatically informs you if that person has a CHL.

[txmatt]

My wife was outed at the DMV a month or two ago when she renewed her DL.

It's my understanding that they run every one's DL when they come in. They check for warrant's etc. Whenever you run some one's DL the system automatically informs you if that person has a CHL.

Right, but the person running the DL is not a peace officer, correct? (unless a trooper is helping you, though that is not the usual case) So what would be the appropriate response if this person asks if you are carrying as someone earlier in this thread reported?

Doesn't seem like they need to be worrying about the CHL when doing drivers license stuff even if they do see that you have one.

[45 4 life]

My wife was outed at the DMV a month or two ago when she renewed her DL.

It's my understanding that they run every one's DL when they come in. They check for warrant's etc. Whenever you run some one's DL the system automatically informs you if that person has a CHL.

Right, but the person running the DL is not a peace officer, correct? (unless a trooper is helping you, though that is not the usual case) So what would be the appropriate response if this person asks if you are carrying as someone earlier in this thread reported?

Doesn't seem like they need to be worrying about the CHL when doing drivers license stuff even if they do see that you have one.

I agree. Just because it comes up when the DL is run does not mean it requires comment from the person helping you. Anyone standing with in hearing range finds out your CHL status. That is not the way the system is intended to work. I will be so glad when/if having a CHL becomes common place in Texas.

As for a response there should not be one since this person should not be asking the question.

[flintknapper]

I agree. Just because it comes up when the DL is run does not mean it requires comment from the person helping you. Anyone standing with in hearing range finds out your CHL status. That is not the way the system is intended to work. I will be so glad when/if having a CHL becomes common place in Texas

I am glad I read this thread.

I renewed my DL a couple of years ago and this exact thing happened to me. It didn't really bother me...I live in a small town where there are no "secrets" anyway, but I thought it odd the lady would make a comment.

Actually, her first comment was "I see your Father lives in Laredo" and then "You have a Concealed Handgun License".

Out of curiosity I asked her how she knew those things.

The CHL comes up when they process you for the DL and she said "the same name as yours.. except without the Jr. came up for the DL". Because I have a unique middle and last name...I guess she easily made the connection. Not sure why she felt it needed to be communicated though.

[WildBill]

Not sure why she felt it needed to be communicated though.

I think it's the same as clerks at the checkout counter in the grocery store commenting about the food that you bought.

[DoubleJ]

I betcha tell her supervisor that she's giving out people's *confidential* information, she might have a change of procedure.

[jbirds1210]

Could this possibly be the result of a protective order??? Could it be that the OP was not aware that a Protective order was issued??

Jason

[seamusTX]

You can't be unaware of a protective order unless you're hiding in a cave.

There's a lot of speculation going on here.

We have seen reports of DPS offices being 30.06 posted, which they cannot legally be. Maybe the chief of this one thinks that CHL holders are not allowed to carry in DPS facilities.

- Jim

[jbirds1210]

ah yes.....I now remember that one must be present in the court room for a protective order to be issued.

Jason