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Re: LTC/Firearm/Purse Stolen

Posted: Tue Jul 26, 2016 9:14 am
by Bryanmc
Pawpaw wrote: As mentioned in an earlier post, there is no penalty for violating 411.205.

However, if you violate 46.15 by carrying without your license, you lose it's protection from prosecution under 46.02. That does carry a heavy penalty.
My point was more along the line that the ltc has to be carried when carrying a weapon.

Re: LTC/Firearm/Purse Stolen

Posted: Tue Jul 26, 2016 9:31 am
by goose
Pawpaw wrote:
Bryanmc wrote:
Pawpaw wrote:To-may-to, to-mah-to. Either way, it means you have to have the plastic on your person when you carry. :tiphat:
411.205 makes it pretty clear.....

If a license holder is carrying a handgun on or about the license holder’s person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder’s driver’s license or identification certificate issued by the department and the license holder’s handgun license.

It doesn't say "a reasonable facsimile" or "can be researched by the officer". :tiphat:
As mentioned in an earlier post, there is no penalty for violating 411.205.

However, if you violate 46.15 by carrying without your license, you lose it's protection from prosecution under 46.02. That does carry a heavy penalty.
Thank you Pawpaw. This was the direction I was leaning/understanding.

Re: LTC/Firearm/Purse Stolen

Posted: Tue Jul 26, 2016 9:53 am
by clarionite
bblhd672 wrote:
flowrie wrote:
Soccerdad1995 wrote:
bblhd672 wrote:It's my understanding that you must send in old LTC license upon receipt of the new one with new address.
Not true, at least in my case.

I've done two address changes and have never been asked to send in the old one.
Two address changes for my wife and I in the past year, no need to send in old plastic, just destroy the old one.
Actually received the new LTC plastic quicker than the new DL's.
I stand corrected. Must have been bad info from my LTC instructor because I wrote it in my class notes. I've searched CHL-16 and don't see it in there.

The requirement to send in the license was if you changed from one class to another, not if you change your address. If you had qualified with a revolver, then later sent in a qualification with a Semi Auto to be able to carry both. Since they no longer have that classification, there isn't a reason to send the old license back anymore.

Re: LTC/Firearm/Purse Stolen

Posted: Tue Jul 26, 2016 9:57 am
by Charles L. Cotton
bblhd672 wrote:
flowrie wrote:
Soccerdad1995 wrote:
bblhd672 wrote:It's my understanding that you must send in old LTC license upon receipt of the new one with new address.
Not true, at least in my case.

I've done two address changes and have never been asked to send in the old one.
Two address changes for my wife and I in the past year, no need to send in old plastic, just destroy the old one.
Actually received the new LTC plastic quicker than the new DL's.
I stand corrected. Must have been bad info from my LTC instructor because I wrote it in my class notes. I've searched CHL-16 and don't see it in there.
Prior to the deletion of handgun categories (NSA v. SA), if you modified your license from SA to NSA, you were required to return the SA license. The return requirement did not apply to address changes. The rationale was to prevent people from having two valid licenses, one SA and one NSA. While a license with an old address wasn't technically invalid, it was easy to spot by a Leo because the DL and CHL addresses would be different.

Chas.

Re: LTC/Firearm/Purse Stolen

Posted: Tue Jul 26, 2016 10:04 am
by ScottDLS
Interestingly, it' still a Class B (I think) to have two valid Texas DL's. You're supposed to destroy your old one if you change address or get it renewed before it expires. If you do it at the DPS, they clip the "Texas" logo off the top...or they used to. Now the printed temporary DL "receipt" has a photo.

Re: LTC/Firearm/Purse Stolen

Posted: Tue Jul 26, 2016 10:04 am
by Charles L. Cotton
lowdogtx wrote:
TreyHouston wrote:Cant she just login and get here id number for her LTC? And carry that around? Im sure police, if needed can pull up that info.
Example, when I accidentally leave my DL at home, i dont think twice as i have my DL# memorized... The cops can verify this on the fly cant they?
Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:
(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and
(2) display the license on the demand of a magistrate, court officer, or peace officer.
(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.
(c) A person who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200,

Keep this in mind its still a ticket , some judges will dismiss
I was going to point this out also. We are required to have our driver's license on us when we drive, just as we are required to have our LTC on us when we carry. That said, both DL and LTC status is now available for LEOs online, so most won't issue a ticket if you can give them your DL number. (It can be run by name and DOB also.) I've been told by many people that LEOs have also ignored the lack of a physical LTC on their person because they were able to confirm it when they ran their DL number. Since everyone I know carries their DL and LTC in the same place, if they don't have one, they won't have the other either.

Nevertheless, it is technically a violation not to have the LTC on your person, so you can be arrested for UCW.

Chas.

Re: LTC/Firearm/Purse Stolen

Posted: Wed Jul 27, 2016 8:50 am
by TreyHouston
Charles L. Cotton wrote:
lowdogtx wrote:
TreyHouston wrote:Cant she just login and get here id number for her LTC? And carry that around? Im sure police, if needed can pull up that info.
Example, when I accidentally leave my DL at home, i dont think twice as i have my DL# memorized... The cops can verify this on the fly cant they?
Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY.
"111"

Nevertheless, it is technically a violation not to have the LTC on your person, so you can be arrested for UCW.

Chas.

good info to know! thanks :tiphat:

Re: LTC/Firearm/Purse Stolen

Posted: Mon Aug 01, 2016 8:42 pm
by Swissy
Hey Everybody,

I just wanted to update you that my wife went the proper way and reported it stolen. We were really worried that she may be going 3-4 months without protection due to the heavy demand of the state processing applications.

Well, after 10 business days she received her hard copy in the mail and she is legal again. I was shocked with how quickly it came in.

It looks like we will be going shopping for a new Shield for her soon...and since I am such a good husband she agreed that if we find a Shield .45, I can pick it up as well!!!

:txflag:

Re: LTC/Firearm/Purse Stolen

Posted: Mon Aug 01, 2016 8:58 pm
by Scott B.
That's great to hear.

Re: LTC/Firearm/Purse Stolen

Posted: Mon Aug 01, 2016 9:20 pm
by SewTexas
try to get her to carry on body.

(But if she refuses....I have a brown Coronado backpack I'm considering selling, I haven't decided yet, but if she's interested that might help me decide. pm me.)

Re: LTC/Firearm/Purse Stolen

Posted: Tue Aug 02, 2016 11:13 am
by Swissy
She is going to carry on body as she no longer is going to carry a purse. I have convinced her of appendix carry and we are trying a couple of different holster options.

Re: LTC/Firearm/Purse Stolen

Posted: Tue Aug 02, 2016 11:57 am
by SewTexas
Swissy wrote:She is going to carry on body as she no longer is going to carry a purse. I have convinced her of appendix carry and we are trying a couple of different holster options.
good! take a look at the Kusiak Leather holsters. they carry low. I have a small torso, I really like them, I don't end up with the grip hitting me in the ribs, or higher. I've got a couple for my LCP and LC9