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Mail Back License?

Posted: Tue Jan 04, 2011 1:53 am
by Lonest4r
I did a search for similar topics, but the newest thread I could find was from 2008. I distinctly remember my instructor saying that you had to mail your old license in to DPS after receiving a new one for an address change. Perhaps he was mistaken, but from what he made it out to be they would hypothetically come knocking at your door if you did not return the old one. (I don't see that happening with all of the real problems that law enforcement has to address)
Any thoughts or references to new legislation since 2008 that would require the return of an old license?

Re: Mail Back License?

Posted: Tue Jan 04, 2011 7:21 am
by Kythas
You must destroy your old license upon receipt of the new one. No need to mail it back.

Re: Mail Back License?

Posted: Tue Jan 04, 2011 10:23 am
by wally775
IIRC

You cannot have two valid licenses in you possession.
Change of address would effectively give you that.
They cannot confirm you destroyed it so they want it mailed back.
Same with SA or NSA.
Expired license is non valid anyway. You can destroy it yourself.

:tiphat:

Re: Mail Back License?

Posted: Tue Jan 04, 2011 10:26 am
by MoJo
:iagree:

Re: Mail Back License?

Posted: Tue Jan 04, 2011 9:09 pm
by ELB
A previous thread on this is here. http://texaschlforum.com/viewtopic.php? ... ps#p443313" onclick="window.open(this.href);return false;

The administrative regulations I quoted then appear not to have changed, and there appears to be no requirement to mail it back.

Per Texas Administrative Code, Title 37, Part 1, Chapter 6, Subchapter B, Rule ยง6.14:
A license holder may not possess more than one license to carry a concealed handgun issued by the department. A license holder who requests a duplicate license based on a change of name or address shall destroy the old license promptly upon receipt of the duplicate license.
http://info.sos.state.tx.us/pls/pub/rea ... ch=6&rl=14" onclick="window.open(this.href);return false;

The note there says this became effective August 10, 2008, but that has been the policy longer than that. When I got a dupe due to address change some years ago, they advised me then I needed to destroy it. No one came knocking at my door to see if I had done so.

If you go to the DPS website and click on the link for administrative rules, you get a page saying they are under revision. I have no idea if that page is correct, or has been there since 2008, or what. The link above is to the Secretary of State's site. The SOS is supposed to maintain the current set of admin rules.

Re: Mail Back License?

Posted: Tue Jan 04, 2011 9:35 pm
by cbr600
ELB wrote:there appears to be no requirement to mail it back.
:iagree:

I heard a lot of unsubstantiated claims when I changed my address but they couldn't cite the actual law to back it up.

I also think some people don't realize there's a difference between a change of address and changing from NSA to SA.

Re: Mail Back License?

Posted: Tue Jan 04, 2011 10:08 pm
by MasterOfNone
Modified (change of class from NSA to SA) and duplicate (name or address change) licenses are handled differently. Old license must be destroyed on receipt of a duplicate (AC 6.14):
A license holder may not possess more than one license to carry a concealed handgun issued by the department. A license holder who requests a duplicate license based on a change of name or address shall destroy the old license promptly upon receipt of the duplicate license.
For a modification, the old license must be returned (GC 411.184(d)):
On receipt of a modified license, the license holder shall return
the previously issued license to the department.

Re: Mail Back License?

Posted: Wed Jan 05, 2011 1:07 pm
by sjfcontrol
MasterOfNone wrote:Modified (change of class from NSA to SA) and duplicate (name or address change) licenses are handled differently. Old license must be destroyed on receipt of a duplicate (AC 6.14):
A license holder may not possess more than one license to carry a concealed handgun issued by the department. A license holder who requests a duplicate license based on a change of name or address shall destroy the old license promptly upon receipt of the duplicate license.
For a modification, the old license must be returned (GC 411.184(d)):
On receipt of a modified license, the license holder shall return
the previously issued license to the department.
This is correct. Destroy old licenses where name/address has been changed. Return licenses that have changed "category" (NSA changed to SA or vise versa).

Re: Mail Back License?

Posted: Wed Jan 05, 2011 1:31 pm
by Cobra Medic
What's the law? Not the DPS rules they make up, but the law passed by the legislature?

Re: Mail Back License?

Posted: Wed Jan 05, 2011 1:39 pm
by sjfcontrol
Cobra Medic wrote:What's the law? Not the DPS rules they make up, but the law passed by the legislature?
It is specified in GC 411.181 for change of name or address, and GC 411.184 for Modified licenses.

Re: Mail Back License?

Posted: Wed Jan 05, 2011 1:55 pm
by Cobra Medic
sjfcontrol wrote:
Cobra Medic wrote:What's the law? Not the DPS rules they make up, but the law passed by the legislature?
It is specified in GC 411.181 for change of name or address, and GC 411.184 for Modified licenses.
Thanks. I see where the rare person has to send their NSA license back if they qualify with a revolver first and later upgrade to SA, but the question in the original post was about an address change. I don't see where 411.181 says the licensee has to do with the old license. Can someone help me out? As far as the law is concerned, it looks like you can do whatever you want with it. Destroy it, frame it, stick it in a shoe box, whatever you want.

Re: Mail Back License?

Posted: Wed Jan 05, 2011 2:10 pm
by sjfcontrol
Cobra Medic wrote:
sjfcontrol wrote:
Cobra Medic wrote:What's the law? Not the DPS rules they make up, but the law passed by the legislature?
It is specified in GC 411.181 for change of name or address, and GC 411.184 for Modified licenses.
Thanks. I see where the rare person has to send their NSA license back if they qualify with a revolver first and later upgrade to SA, but the question in the original post was about an address change. I don't see where 411.181 says the licensee has to do with the old license. Can someone help me out? As far as the law is concerned, it looks like you can do whatever you want with it. Destroy it, frame it, stick it in a shoe box, whatever you want.
"MasterOfNone" above quoted something called "AC 6.14", but I don't know what that is. I was unable to find it online. Indeed, 411.181 does not specify what is to be done with an old duplicate license.

Re: Mail Back License?

Posted: Wed Jan 05, 2011 3:09 pm
by MasterOfNone
Cobra Medic wrote:What's the law? Not the DPS rules they make up, but the law passed by the legislature?
sjfcontrol wrote:"MasterOfNone" above quoted something called "AC 6.14", but I don't know what that is. I was unable to find it online. Indeed, 411.181 does not specify what is to be done with an old duplicate license.
That is Rule 6.14 of the Administrative Code Title 37. No, it is not a status passed by the legislature. But does that matter?

Re: Mail Back License?

Posted: Wed Jan 05, 2011 3:15 pm
by cbr600
MasterOfNone wrote:That is Rule 6.14 of the Administrative Code Title 37. No, it is not a status passed by the legislature. But does that matter?
I think so, but then again, I'm one of those people who thinks there's a difference between a generic no guns policy and a valid 30.06 sign.

Re: Mail Back License?

Posted: Wed Jan 05, 2011 3:57 pm
by MasterOfNone
That question probably requires some legal expertise to answer. But in this particular case, there is no consequence specified for not destroying the old when a duplicate is issued, so what could happen if one does not?
As for the original question,
Lonest4r wrote:Any thoughts or references to new legislation since 2008 that would require the return of an old license?
There is nothing in the law that requires the old license to be returned for a DUPLICATE issuance, such as an address change.