New to State, CHL laws

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charris11
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New to State, CHL laws

Post by charris11 »

Hey, I'm new to the state and wanted to clear up some conflicting information I've received from various sources.
1) I'm currently a CCW license holder in Arizona. I know Texas and Arizona have reciprocity, and Arizona will allow me to renew by mail (no course time). Are there any laws requiring after 'x' amount of time from becoming a Texas resident that I have to switch my CCW over to Texas?
2) Also, I heard that simply having a CHL in Texas authorizes a law enforcement officer to pull you over and search your vehicle. Is that true?

Thanks for the help everyone!
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Jumping Frog
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Re: New to State, CHL laws

Post by Jumping Frog »

Welcome to Texas and to this forum!

You are legal to carry here with your AZ license. Legally, you are allowed to renew the AZ license and continue carry under that license for as long as you live here. There is some discussion of a bill that would require Texas residents to have a Texas license in the future, but that is not the law now.

However, I would recommend you get your Texas license simply because the laws on proper use of force in Texas are different from other states, rather complex, and have subtle distinctions. The training a person receives for a Texas license is very helpful to ensure someone knows how to do so legally.

Having a CHL is not sufficient cause for a traffic stop and detention. If a CHL happens to be stopped for a legal reason, such as a traffic stop, the officer is allowed to temporarily disarm the person if the officer decides it is necessary for officer safety. The justifications for a lawful vehicle search are no different for a CHL than for anyone else. It requires reasonable articulable suspicion of a crime for the officer to frisk the person or search the "lunge area" of the vehicle. It requires probable cause to search the vehicle. Those requirements are as a result of Supreme Court cases and apply to every state, not just Texas.
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punkndisorderly
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Re: New to State, CHL laws

Post by punkndisorderly »

No and no.

Arizona may have rules about renewing when you are no longer a resident of the state.

No, a CHL is not a "license" for police to pull you over and search. Think about it, it would be a waste of their time, why would they focus on pulling over a segment of the population that has a card saying "I've behaved myself so far". Cops pull over people for two reasons, looking for money (tickets for speeding, not stopping completely at stop signs, etc.) or looking for bad guys. I've been pulled over a grand total of once since I've had my CHL (speed trap).

Never been searched. I lived in Galveston for a good bit, and they have a reputation for having more than their fair share of "over zealous" officers.
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RoyGBiv
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Re: New to State, CHL laws

Post by RoyGBiv »

Read this when you have time: http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false;
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I am not a lawyer. This is NOT legal advice.!
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Zoo
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Re: New to State, CHL laws

Post by Zoo »

charris11 wrote:2) Also, I heard that simply having a CHL in Texas authorizes a law enforcement officer to pull you over and search your vehicle. Is that true?
No but they will know you have a CHL when they run your DL or when you show your CHL as required if you have a gun and a Texas CHL. So having a Texas CHL can make it more likely some cops will find some excuse to search.

I think it's better to fly under the radar and avoid unwanted attention. Other people think telling cops about their guns will avoid problems. You can decide what's best for you.

Welcome to Texas.
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TexasGal
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Re: New to State, CHL laws

Post by TexasGal »

Out of state CHL licenses does not exempt you from the restriction against being on school property. Don't drive onto school grounds. If you get a Texas CHL, you can carry on school grounds, but still can not enter buildings or buses, or attend school events.
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