question for TX instructors?

[Bublar]

I current am a resident of TX and live in Fort Worth. I am going to apply for a Florida Non-Resident permit. My question is: WITHOUT a TX resident CHL will the Florida non-resident permit cover me in TX for concealed carry? Please leave any responses out in your reply such as "support your local TX chl etc..." that don't apply to my question.

[dws1117]

I'll leave the correct answer to more qualified persons, but why a Fl. permit? Why not obtain a TX CHL?

[txinvestigator]

I current am a resident of TX and live in Fort Worth. I am going to apply for a Florida Non-Resident permit. My question is: WITHOUT a TX resident CHL will the Florida non-resident permit cover me in TX for concealed carry? Please leave any responses out in your reply such as "support your local TX chl etc..." that don't apply to my question.

Yes it will.

And being a open and public forum, don't expect to be able to demand answers fit a particular pattern. Since this is a Texas CHL forum, most of us are going to want to know why you would not obtain a Texas CHL.

Since we participate here free and often, we can ask, but you can also ignore us.

Which brings me to; Welcome to the forum.

[Bublar]

And being a open and public forum, don't expect to be able to demand answers fit a particular pattern

txinvestigator: thanks for your quick response. Yes I’m well aware this is a public forum, however being a person who visits forums on a day-to-day basis I always find it absurd and completely illogical for people to change the direction of someones thread or decide to just go off on their own rants about an issue that is non-pertinent to the original question. By the way, I don't mean to sound like a jerk, I just knew before I asked the question that I was going to get many responses asking "why don't I just get a TX chl". That is my personal prerogative and does not pertain to my question whatsoever. As a result, this is why I as you called it "demanded" to stay on my topic. That said, thanks for welcoming me to the forum. This place has a lot of information and I appreciate everyone’s contributions.

[sf1058]

I current am a resident of TX and live in Fort Worth. I am going to apply for a Florida Non-Resident permit. My question is: WITHOUT a TX resident CHL will the Florida non-resident permit cover me in TX for concealed carry? Please leave any responses out in your reply such as "support your local TX chl etc..." that don't apply to my question.

Yes it will.

And being a open and public forum, don't expect to be able to demand answers fit a particular pattern. Since this is a Texas CHL forum, most of us are going to want to know why you would not obtain a Texas CHL.

Since we participate here free and often, we can ask, but you can also ignore us.

Which brings me to; Welcome to the forum.

If a Texas resident obtains a non resident CHL from another state and is not eligible for a Texas CHL due to a disqualification, would they still still be entitled to carry in Texas on their non-resident license?

[longtooth]

Welcome aboard sf1058. Glad to have you amongst us.

[seamusTX]

If a Texas resident obtains a non resident CHL from another state and is not eligible for a Texas CHL due to a disqualification, would they still still be entitled to carry in Texas on their non-resident license?

That's a gray area. I don't know of it ever being tested.

It would be very much up to the police officer or his supervisor whether or not to arrest, and the district attorney's office whether or not to prosecute for UCW or another charge.

If you are caught with a concealed handgun, the question of what you were doing that led to the search is relevant.

- Jim

[Crossfire]

If a Texas resident obtains a non resident CHL from another state and is not eligible for a Texas CHL due to a disqualification, would they still still be entitled to carry in Texas on their non-resident license?

If you meet all the qualifications for your out of state license, and Texas honors that license by a reciprocity agreement, then yes, you are entitled to carry with that license.

[sf1058]

If a Texas resident obtains a non resident CHL from another state and is not eligible for a Texas CHL due to a disqualification, would they still still be entitled to carry in Texas on their non-resident license?

If you meet all the qualifications for your out of state license, and Texas honors that license by a reciprocity agreement, then yes, you are entitled to carry with that license.

I surprised there has not been a legal opinion from the AG on this yet.

If a Texas resident is denied a Texas CHL it would only seem logical that they could not carry on a non-resident CHL as they are required to abide by the laws governing CHL's. Since they aren't legally qualifed to receive a Texas CHL, why would the state allow a resident to carry on a non-resident CHL which essentially is an end-run around the CHL laws?

[KBCraig]

Since they aren't legally qualifed to receive a Texas CHL, why would the state allow a resident to carry on a non-resident CHL which essentially is an end-run around the CHL laws?

For the same reason anyone else who has that state's license would be able to carry.

The only things that might disqualify you from a Texas CHL, which wouldn't disqualify you from a reciprocal state's license, would be owing back taxes, back child support, in arrears on student loans, etc. It would take some digging for a Texas LEO to discover that you're not qualified for a Texas CHL, and then a lot of work to prosecute you for the misdemeanor offense of UCW. And it would probably be an unsuccesful prosecution, at that, since the subject held a valid license recognized by Texas.

Kevin

[sf1058]

Since they aren't legally qualifed to receive a Texas CHL, why would the state allow a resident to carry on a non-resident CHL which essentially is an end-run around the CHL laws?

For the same reason anyone else who has that state's license would be able to carry.

The only things that might disqualify you from a Texas CHL, which wouldn't disqualify you from a reciprocal state's license, would be owing back taxes, back child support, in arrears on student loans, etc. It would take some digging for a Texas LEO to discover that you're not qualified for a Texas CHL, and then a lot of work to prosecute you for the misdemeanor offense of UCW. And it would probably be an unsuccesful prosecution, at that, since the subject held a valid license recognized by Texas.

Kevin

Kevin

Kevin,

One of my shooting buddies had a Texas CHL which was revoked after
he was arrested for a incident related to carrying while DWI. My understanding of the situation is that he made a plea bargain with the DA in which the DWI charges were dropped, but he had to plead guilty to UCW. Not too long after his Texas CHL was revoked he applied for and received a non-resident CHL from Florida. Do you think the state of Texas will have an issue with him carrying on his Florida CHL?

[KBCraig]

One of my shooting buddies had a Texas CHL which was revoked after he was arrested for a incident related to carrying while DWI. My understanding of the situation is that he made a plea bargain with the DA in which the DWI charges were dropped, but he had to plead guilty to UCW. Not too long after his Texas CHL was revoked he applied for and received a non-resident CHL from Florida. Do you think the state of Texas will have an issue with him carrying on his Florida CHL?

Texas recognizes the Florida CWL. There are no constraints or provisos on that recognition.

Texas requires that reciprocal states have substantially similar requirements for issuance of their licenses. The standards do not have to be identical.

Your buddy has exactly the same right to carry concealed in Texas as a life-long native of Miami, assuming they both hold a Florida CWL.

Kevin