TexasCHLforum.com

AB140 (Toureilles, D, A) Relating to the use or display under certain circumstances of an expired license to carry a concealed handgun. Allows a CHL to carry on an expired CHL, if they have applied for renewal and haven't been notified by DPS that their application has been rejected. Potential problem with NICS exemption for Texas CHLs

Since it only provides the 46.02 exemption, and I couldn't find anything in the text regarding using an expired license to bypass a NICS check, why would there be any problem?

Also, I'd have to say we should strongly oppose the prohibition on process servers carrying, (HB397) for two reasons; it's a potentially very dangerous job, and we shouldn't give the state more power to decide who doesn't get to use their CHL at work.

IIRC, NICS exemption is based on the CHL lasting for no longer than 5 years. If we let folks carry on an "expired" CHL, then we're effectively extending the valid period of the license beyond 5 years and could lose the NICS exemption.

If I am off, someone, like Charles, will be along shortly to correct me.

KD5NRH wrote:

AB140 (Toureilles, D, A) Relating to the use or display under certain circumstances of an expired license to carry a concealed handgun. Allows a CHL to carry on an expired CHL, if they have applied for renewal and haven't been notified by DPS that their application has been rejected. Potential problem with NICS exemption for Texas CHLs

Since it only provides the 46.02 exemption, and I couldn't find anything in the text regarding using an expired license to bypass a NICS check, why would there be any problem?

The BATFE rule for NICS exemption is that the license cannot be issued for a period of more than five years. Their goal is to make sure a NICS background check is done at least once every five years. In Texas, it is unlawful to carry a handgun unless you have a CHL. If the effective period is greater than five years, then the CHL has an effective period greater than five years. Arguably that violates the BATFE rule and we would lose our NICS exemption.

I could easily argue the other side of this issue. The license would expire at the end of five years, so an FFL could not and should not accept it in lieu of doing a NICS check. This preserves the BATFE's goal of having an effective period not to exceed five years.

By no means is it certain we would lose our NICS exemption if HB140 were to pass and that is why I said it is a "potential problem." However, I wouldn't want to rely upon BATFE being cooperative, especially when President Obama appoints a new BATFE Director. I applaud Rep. Toureilles' attempt to help CHLs facing absurd delays, but I fear we may suffer unintended consequences if this bill passes. I considered talking to BATFE and requesting a position on this issue, but that would do little good since BATFE has repudiated their own letter rulings many times in the past. If they were to do so in this situation, we wouldn't be able to correct it until 2011.

Chas.

Someone with a Utah CHL can carry in Texas but that doesn't affect NICS.

A police officer can carry without any CHL and that doesn't affect NICS.

People can carry in their car without any CHL and that doesn't affect NICS.

I don't see how allowing someone to carry on an expired CHL if they applied for renewal and haven't been rejected would affect NICS.

Captain Matt wrote:Someone with a Utah CHL can carry in Texas but that doesn't affect NICS.

A police officer can carry without any CHL and that doesn't affect NICS.

People can carry in their car without any CHL and that doesn't affect NICS.

I don't see how allowing someone to carry on an expired CHL if they applied for renewal and haven't been rejected would affect NICS.

In Texas, if you have a valid Texas CHL when you purchase a firearm from an FFL the FFL can use your TCHL in place of calling for the NICS background check. This exemption is only good for 5 years. The law could possibly jeapordize this exemption and anyone who has not heard of the BATFE and their shenanigans leads a sheltered life.

IIRC a Utah CHL does not qualify for a NICS check in Texas.

An LEO carrying without a CHL is irrelevant to the NICS issue as is unlicensed car carry.


Anygunanywhere

No longer valid

Locksmith wrote:Currently if I'm not mistaken the third time you renew it goes to 10 years before the next renewal, so I don't see how this would affect anything

You only avoid taking the class.

All of the background checks are still done.

I would think it'd be an easy fix: an expired CHL is no good for a NICS bypass.

Of course, this is the government we're talking about; the federal one at that.