TexasCHLforum.com

TXPeaceOfficerDave wrote:Now having said that...it is entered into NCIC and is brought up with your DL every time they do a 10-28/29 on you on a stop. So in theory the peace officer that stops you, assuming the LTC has truly been issued and is just in the mail, would immediately know that you're a Texas LTC holder.

I can attest to this. Back in 2008, I found out that my CHL was in the mail when I was stopped for speeding (68 in a 65 zone). The officer gave me a hard time about not handing over my CHL. I told him I didn't have it yet, and he said it was in the system. This was back when there was a penalty for not producing your CHL.

ScottDLS wrote:

TXPeaceOfficerDave wrote:Your license to carry is also on the "rap back" list in case you're ever arrested in any jurisdiction state local or
Federal that reports arrests to TCIC or NCIC. This means your license and you are well known when you're charged with a. Offense.

What is the source for this? Given the controversy that surrounded Hawaii putting all gun owners (requires license) on the Federal "rap back", I'd be very surprised if Texas did this so quietly and without controversy.

From what I've heard from LEO's, almost all driver's licenses and status in the US are in NCIC, but not very many states' carry permits. When does Texas LTC information get entered into NCIC? Is there a part of GC 411 that authorizes and/or funds this. Is there a screen/fields in NCIC where this information is reported and how is it standardized across the hundreds if not thousands of jurisdictions that issue various types of firearm licenses?

I don't know if this is germane to the discussion, but when the news about the Hawaiian gun registration controversy broke, and I first heard the term Rap Back (which sounds scary and it is), I wondered if Texas is on the Rap Back system, and was surprised(and disappointed) to learn that it is. From the DPS website, in their CR News(Crime Records Service Newsletter), dated Apr.-June 2016:

"Beginning this fall, The Texas Department of Public Safety will be implementing the Criminal Justice FBI Rap Back
program. The core function of this program is to notify criminal Justice agencies when a person who has finger-
prints on file with the FBI is arrested or has criminal activity against those fingerprints. This program will provide a significant benefit to law enforcement agencies, probation and parole offices, and other criminal justice agencies, by receiving notifications regarding relevant triggering events reported to the FBI pertaining to individuals under authorized law enforcement investigation or under the supervision of criminal jus-
tice agencies. At the discretion of the agency, the Criminal Justice FBI Rap Back functions can be applied to the fingerprints of
probationers, parolees, sex offenders, persons under direct court supervision, and other officially supervised persons. In addition, law enforcement agencies can place Rap Back subscriptions on suspects and other persons involved in their investigations. "

http://www.dps.texas.gov/administration ... dQtr16.pdf

In putting in the search box on the DPS main page, a page pops up mentioning Rap Back several times:

http://www.dps.texas.gov/spSearch/?q=ra ... e.keywords

I don't know if an LTC holder is in the Rap Back system or not. Part of me thinks not.....and part of me thinks 'maybe'.

Wasn't there a story a couple of years ago about some other state requesting a list of Texas CHL holders?

I seem to recall them being told to pound sand, that was confidential information by state law.

Pawpaw wrote:Wasn't there a story a couple of years ago about some other state requesting a list of Texas CHL holders?

I seem to recall them being told to pound sand, that was confidential information by state law.

Well, there was a bill introduced (HB 2359) in the last Legislative session to prohibit such a thing, but it never onto the House Calendar:

http://www.capitol.state.tx.us/BillLook ... ill=HB2359

I thought there was already a prohibition against it. IANAL, but:

GC §411.192. CONFIDENTIALITY OF RECORDS.
(a) The department shall disclose to a criminal justice agency information contained in its files and records regarding whether a named individual or any individual named in a specified list is licensed under this subchapter. Information on an individual subject to disclosure under this section includes the individual’s name, date of birth, gender, race, zip code, telephone number, e-mail address, and Internet website address. Except as otherwise provided by this section and by Section 411.193, all other records maintained under this subchapter are confidential and are not subject to mandatory disclosure under the open records law, Chapter 552.

411.193 is jut the statistical report that is released, and we always discuss, every year.

It is important to understand that TCIC is not just one big database. When an officer requests a 10-28 (registration check), the request goes into a TCIC formatted request from the agency through TCIC to the database of the department in the State that handles vehicle registration. A 10-27 request (DL check) goes to the drivers license database. It looks for name, DOB, race, sex, or the actual DL#. They also do searches by Soundex, sound alike. I don't know what division of DPS has control over the LTC database. TCIC DL checks are probably programed to look at that database automatically.

NCIC works in a similar way. Running an out of state plate of DL goes to TCIC, through NCIC and to whatever the state calls their system then back.

Example, in Missouri a license plate number can be on a regular license plate but can also be on a specialty plate. Missouri could send back several returns on the same LP. Their state system requests a license plate type from their agencies to get the correct plate. Most other states can't supply that information.

Running what is called a "blind 27" (DL request with just a name and maybe a DOB) will get you a whole lot of returns.

So, on a standard 27, Texas may send LTC information but the receiving State may not have a way to get that back to the requesting agency. I absolutely would not carry without my LTC. The risk will certainly outweigh the reward.

Soccerdad1995 wrote:

TXPeaceOfficerDave wrote:Now having said that...it is entered into NCIC and is brought up with your DL every time they do a 10-28/29 on you on a stop. So in theory the peace officer that stops you, assuming the LTC has truly been issued and is just in the mail, would immediately know that you're a Texas LTC holder.

I can attest to this. Back in 2008, I found out that my CHL was in the mail when I was stopped for speeding (68 in a 65 zone). The officer gave me a hard time about not handing over my CHL. I told him I didn't have it yet, and he said it was in the system. This was back when there was a penalty for not producing your CHL.

With this being in Texas, my suspicion is it was in TCIC, not NCIC which is run by the FBI.