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Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 7:35 pm
by 03Lightningrocks
My Texas CHL is about to expire on January 31. I have been messing around about taking the class. I did pay for the renewal a few weeks back. I have my Utah and it doesn't expire until November. My plan was to procrastinate while carrying under my Utah. I realize Utah now requires we have a resident Texas CHL to obtain a non resident Utah permit but I was thinking I am grandfathered in. I also realize I will be required to have my Texas before I renew my Utah.

Am I correct in the thought that I can carry concealed under the Utah non resident until I renew my Texas?

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 7:57 pm
by chandler583
I would think that you should ask the good folks in Utah about that, they would be able to best answer your question.

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 8:03 pm
by SherwoodForest
You can carry on a valid Utah license in Texas pending receipt of your renewal CHL.

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 8:03 pm
by tomtexan
03Lightningrocks wrote:My Texas CHL is about to expire on January 31. I have been messing around about taking the class. I did pay for the renewal a few weeks back. I have my Utah and it doesn't expire until November. My plan was to procrastinate while carrying under my Utah. I realize Utah now requires we have a resident Texas CHL to obtain a non resident Utah permit but I was thinking I am grandfathered in. I also realize I will be required to have my Texas before I renew my Utah.

Am I correct in the thought that I can carry concealed under the Utah non resident until I renew my Texas?
Wow! I've never planned to procrastinate, it just seemed to happen. I didn't know people plan it. :smilelol5: Sorry, I just thought that was funny...... Ok, carry on now.

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 8:04 pm
by RottenApple
03Lightningrocks wrote:My Texas CHL is about to expire on January 31. I have been messing around about taking the class. I did pay for the renewal a few weeks back. I have my Utah and it doesn't expire until November. My plan was to procrastinate while carrying under my Utah. I realize Utah now requires we have a resident Texas CHL to obtain a non resident Utah permit but I was thinking I am grandfathered in. I also realize I will be required to have my Texas before I renew my Utah.

Am I correct in the thought that I can carry concealed under the Utah non resident until I renew my Texas?
As far as Texas is concerned, as long as your Utah non-resident permit is valid, you may carry here. The real question is, "if you Texas CHL is expired, is your Utah non-resident permit still valid?" The answer, I believe, is no; Unless, as you think, you are grandfathered. And only Utah can answer that for you.

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 8:21 pm
by Ameer
RottenApple wrote:
03Lightningrocks wrote:My Texas CHL is about to expire on January 31. I have been messing around about taking the class. I did pay for the renewal a few weeks back. I have my Utah and it doesn't expire until November. My plan was to procrastinate while carrying under my Utah. I realize Utah now requires we have a resident Texas CHL to obtain a non resident Utah permit but I was thinking I am grandfathered in. I also realize I will be required to have my Texas before I renew my Utah.

Am I correct in the thought that I can carry concealed under the Utah non resident until I renew my Texas?
As far as Texas is concerned, as long as your Utah non-resident permit is valid, you may carry here. The real question is, "if you Texas CHL is expired, is your Utah non-resident permit still valid?" The answer, I believe, is no;
What do you base that on? Utah seems to think their licenses are valid unless they revoke or suspend it and Comrade Burnam isn't Supreme Leader of Texas yet.

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 8:29 pm
by Keith B
Was your Utah permit issued before you had to have a license from your own state? If so, then it is good until the time it expires or is revoked by Utah. If it was issued AFTER and you have to have a Texas permit to get it, then I would assume it is not valid once your Texas permit expires, but that would be a question for Utah BCI.

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 9:23 pm
by RoyGBiv
From: http://www.handgunlaw.us/states/utah.pdf" onclick="window.open(this.href);return false;
Senate Bill 36 was signed by the Governor on 3/23/11 and Non Residents must meet additional requirements. This new law becomes effective for first time non resident applicants May 10, 2011 and for renewal of non resident permits 1/1/2012. Those requirements are:
53-5-704.
(4) (a) In addition to meeting the other qualifications for the issuance of a concealed firearm permit
under this section, a nonresident applicant who resides in a state that recognizes the validity of the
Utah permit or has reciprocity with Utah's concealed firearm permit law shall:
(i) hold a current concealed firearm or concealed weapon permit issued by the appropriate
permitting authority of the nonresident applicant's state of residency; and
(ii) submit a photocopy or electronic copy of the nonresident applicant's current concealed
firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
(b) A nonresident applicant who knowingly and willfully provides false information to the bureau
under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit for a period of 10
years.
(c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm permit that are
received by the bureau after May 10, 2011.
(d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for renewal of a
concealed firearm permit by a nonresident.

Note: If you are a resident of a state that has reciprocity or honors a Utah Permit/License you must have a permit from your state of residence to apply after 5/10/11 and renew after 1/1/12. If you are from a state that doesn’t issue permit/licenses to carry or does not honor a Utah Permit/License you can apply or renew as in the past.
IANAL. This is my OPINION. You should call Utah and confirm.
Bureau of Criminal Identification 3888 West 5400 South Salt Lake City, Utah 84118 801-965-4445

1. You had a valid TX license when you received your UT license.
2. You did not deceive UT, you did not commit a violation of their rules.
3. Your TX licensed has lapsed.
4. You cannot RENEW your UT license until you first renew your TX license.
5. I see no provision in the UT code for revoking your UT permit if your home state permit lapses. You cannot renew your UT permit, but, it's still a valid permit.

Again.. This is my OPINION. I am NOT a lawyer. This is NOT legal advice.
Call UT authorities and ask.

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 9:27 pm
by Mike1951
Discussion here was from someone moving from CA to Texas with a Utah license.

viewtopic.php?f=7&t=60980&p=749374" onclick="window.open(this.href);return false;

The concensus there, including a Utah instructor, was that his Utah remains valid until expiration.

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 9:27 pm
by RottenApple
Ameer wrote:
RottenApple wrote:As far as Texas is concerned, as long as your Utah non-resident permit is valid, you may carry here. The real question is, "if you Texas CHL is expired, is your Utah non-resident permit still valid?" The answer, I believe, is no;
What do you base that on? Utah seems to think their licenses are valid unless they revoke or suspend it and Comrade Burnam isn't Supreme Leader of Texas yet.
What I said was:
RottenApple wrote:As far as Texas is concerned, as long as your Utah non-resident permit is valid, you may carry here. The real question is, "if you Texas CHL is expired, is your Utah non-resident permit still valid?" The answer, I believe, is no; Unless, as you think, you are grandfathered. And only Utah can answer that for you.
As for where I got that understanding: Handgunlaw.us
Non-Residents apply the same way as residents. You must have a Firearms Safety Class from a Certified Utah Instructor. List of Nationwide Instructors “Here”. Effective 4/1/12 the cost will be $51.00.
Senate Bill 36 was signed by the Governor on 3/23/11 and Non Residents must meet additional requirements. This new law becomes effective for first time non resident applicants May 10, 2011 and for renewal of non resident permits 1/1/2012. Those requirements are:
53-5-704.
(4) (a) In addition to meeting the other qualifications for the issuance of a concealed firearm permit
under this section, a nonresident applicant who resides in a state that recognizes the validity of the http://www.handgunlaw.us" onclick="window.open(this.href);return false; 2
Utah permit or has reciprocity with Utah's concealed firearm permit law shall:
(i) hold a current concealed firearm or concealed weapon permit issued by the appropriate permitting authority of the nonresident applicant's state of residency; and
(ii) submit a photocopy or electronic copy of the nonresident applicant's current concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
(b) A nonresident applicant who knowingly and willfully provides false information to the bureau
under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit for a period of 10 years.
(c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm permit that are received by the bureau after May 10, 2011.
(d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for renewal of a concealed firearm permit by a nonresident.
In other words, unless his Utah non-resident permit is grandfathered, his Utah license was no longer applicable when his TX CHL expired.

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 10:16 pm
by 03Lightningrocks
I had my Texas CHL first. For some reason, I could have sworn the new rules applied for new issue permits and/or renewals. Otherwise, it seems this law would revoke all the permits Utah issued to people who had no Texas CHL when they received their Utah. Maybe not??

It appears hat opinions vary widely. It is as clear as mud now... :biggrinjester: . Are there any Utah instructors left on the forum? Surely they would know the correct answer.

thanks everyone. :cheers2:

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 10:18 pm
by 03Lightningrocks
Mike1951 wrote:Discussion here was from someone moving from CA to Texas with a Utah license.

viewtopic.php?f=7&t=60980&p=749374" onclick="window.open(this.href);return false;

The concensus there, including a Utah instructor, was that his Utah remains valid until expiration.

Oops... I just spotted this post. Many thanks... :tiphat:

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 10:21 pm
by RottenApple
03Lightningrocks wrote:It is as clear as mud now... :biggrinjester:
Hence my suggestion to contact Utah. I would like to think that Utah CHLs granted before passage of SB36 on 3/23/11 would still be legal and would not meet the new requirements, but who the heck knows? I wish you luck! :cheers2:

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 10:21 pm
by Keith B
03Lightningrocks wrote:I had my Texas CHL first. For some reason, I could have sworn the new rules applied for new issue permits and/or renewals. Otherwise, it seems this law would revoke all the permits Utah issued to people who had no Texas CHL when they received their Utah. Maybe not??

It appears hat opinions vary widely. It is as clear as mud now... :biggrinjester: . Are there any Utah instructors left on the forum? Surely they would know the correct answer.

thanks everyone. :cheers2:
Crossfire and Marty are Utah instructors. I work with them. They have been told that the Utah permit is valid until expiration, Texas CHL or not. Now, you will have to have a Texas CHL to renew your Utah permit now, but they have not been told that if your resident state permit expires AFTER your Utah renewal that Utah will invalidate your license.

Re: Just to be sure I am not about to commit a felony??

Posted: Wed Jan 16, 2013 10:22 pm
by 03Lightningrocks
Apparently I didn't follow up on the other thread. I even posted on it and forgot about it. Here is what Crossfire posted and I trust what Crossfire says on the issue. Thanks again everyone.


Crossfire wrote:
The Annoyed Man wrote:
Epogen wrote:Mike says yes . Info man says no...I'm confused
It used to be that the answer was an unqualified "Yes." But last year, Utah passed a new law that they will not issue a non-resident permit to someone unless that person has a valid permit from their state of residence. What that means is that if you apply NOW for a non-resident Utah CFP, they will not give you one unless you already have a CHL. However, If you moved here with a valid Utah non-resident CFP, then it might still be valid. But once it expires, you will not be able to renew it until you have a valid resident CHL.
This is the correct answer. Your Utah non-resident permit is honored in Texas. But, when it expires, Utah will not renew it unless you also have a Texas CHL.

You do want to update the address on the permit. You can do that by email. Info here: http://publicsafety.utah.gov/bci/CFAddChg.html" onclick="window.open(this.href);return false;
It doesn't cost anything to update your address, unless you want a new card, then I think they want $15 for that.