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Carry Question
Posted: Thu Apr 28, 2011 7:59 am
by stash
If one qualifies with a revolver on the shooting portion of the test and only is going to carry a revolver but the recently received CHL indicates semi auto, should the person return the license for correction? This happened but not to me.
Re: Carry Question
Posted: Thu Apr 28, 2011 8:21 am
by Teamless
if they received a SA license and didn't really deserve it, should they? Yes, morally, but must they? I would think No.
Re: Carry Question
Posted: Thu Apr 28, 2011 8:39 am
by stash
Thanks guys. I will advise this individual.
Stan
Re: Carry Question
Posted: Thu Apr 28, 2011 8:43 am
by sjfcontrol
Does the person have a copy of his CHL-100? What was shown on that? Was the mistake DPS's, or the instructors?
But, if the individual qualified with a revolver, he should contact DPS and explain the issue to them. They will tell him/her what to do.
Re: Carry Question
Posted: Thu Apr 28, 2011 9:50 am
by Rex B
TxLobo wrote:I would return it...
even though your physical license says "SA", do you know for sure what your electronic entry says?..
so if an officer stops you and you present your license to them, and they note the SA and ask what you are carrying, and you respond with a semi auto model... when they run you through TCIC, is the return going to show NSA or SA?
.
The correct answer is "I am carrying under the authority of the Motorists Protection Act"
Re: Carry Question
Posted: Thu Apr 28, 2011 9:59 am
by RoyGBiv
If you qualified NA, your license should say NA.... I would notify DPS and have it changed.
If you qualify NA, and your license says SA, and some day you decide to carry SA and have an armed "SA encounter", you will surely be disadvantaged in court if your qualifications show up in the records anywhere as NA. That would be my primary concern.
Re: Carry Question
Posted: Thu Apr 28, 2011 10:04 am
by zero4o3
RoyGBiv wrote:If you qualified NA, your license should say NA.... I would notify DPS and have it changed.
If you qualify NA, and your license says SA, and some day you decide to carry SA and have an armed "SA encounter", you will surely be disadvantaged in court if your qualifications show up in the records anywhere as NA. That would be my primary concern.
see and I think that what the licesnes says is all that matters, if you qualified SA and your licesnse came in and was not listed SA, you wouldnt be able to carry your semi auto legaly even though you qualified with a semi auto until your license was corrected.
moraly I would probably notify them
Re: Carry Question
Posted: Thu Apr 28, 2011 10:10 am
by Rex B
Check the CHP-100 certificate. If it says SA, then call your instructor who signed the document.
Offer to requalify with a SA handgun at their next class, or request a new document.
If the latter, notify DPS of the error and let them decide.
Re: Carry Question
Posted: Thu Apr 28, 2011 10:12 am
by MoJo
Rex B wrote:TxLobo wrote:I would return it...
even though your physical license says "SA", do you know for sure what your electronic entry says?..
so if an officer stops you and you present your license to them, and they note the SA and ask what you are carrying, and you respond with a semi auto model... when they run you through TCIC, is the return going to show NSA or SA?
.
The correct answer is "I am carrying under the authority of the Motorists Protection Act"
The MPA does not apply to CHL holders.
He should have a copy of his CHL 100 look at it and see if SA or NSA is checked. The instructor may have checked the wrong box.
Re: Carry Question
Posted: Thu Apr 28, 2011 10:20 am
by sjfcontrol
MoJo wrote:
The MPA does not apply to CHL holders.
Where does it say this in the statutes?
Re: Carry Question
Posted: Thu Apr 28, 2011 10:25 am
by zero4o3
sjfcontrol wrote:MoJo wrote:
The MPA does not apply to CHL holders.
Where does it say this in the statutes?
I was wondering the same thing. I agree that you cant choose not to carry under the authority of your CHL on a whim, but if you have a SA handgun in your car and you dont have a SA CHL then your clearly not carrying it under the authority of your CHL
Re: Carry Question
Posted: Thu Apr 28, 2011 10:35 am
by sjfcontrol
Texas Penal Code 46.02
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
MPA is the (a-1) section. Nothing indicates it is invalid if the person has a CHL.
Re: Carry Question
Posted: Thu Apr 28, 2011 4:37 pm
by tacticool
zero4o3 wrote:sjfcontrol wrote:MoJo wrote:
The MPA does not apply to CHL holders.
Where does it say this in the statutes?
I was wondering the same thing.
Me too. Even worse, I think this guy is an instructor.

Re: Carry Question
Posted: Thu Apr 28, 2011 6:45 pm
by MoJo
tacticool wrote:zero4o3 wrote:sjfcontrol wrote:MoJo wrote:
The MPA does not apply to CHL holders.
Where does it say this in the statutes?
I was wondering the same thing.
Me too. Even worse, I think this guy is an instructor.

Yes I am an instructor and like everyone I can make a mistake. What I meant to say if you have a CHL you are carrying under the CHL you can't pick and choose. Now, like I said I may be wrong, so I have contacted DPS for clarification. I WILL post the reply regardless if it proves me wrong or right.