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Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 1:36 pm
by MaxBerlin
I keep a loaded 9mm in the car and drove to the grocery the other day. When I went to pay I realized I had my cash but not my wallet - not my CHL either.

After paying with cash I went out to the car drove to the most secluded part of the lot and unchambered and unloaded my weapon and separated the ammo and the gun.

I think this would have kept me in the clear for the most part. But what if I had decided to carry the gun from my garage in a straight line to my apartment? Like I had the right to do before I got my CHL?

As a CHL holder do I have my original rights that I had before I had the CHL? Like to drive with a loaded gun and make straight ingress and egress from my domicile to my vehicle.

Thanks for the help.

Re: Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 1:44 pm
by paperchunker
Yes

Re: Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 1:47 pm
by Dan20703
After paying my bill I would have just gone straight home as normal. By taking the time and effort to go to secluded spot to handle a weapon I think you could have attracted some unwanted attention. That may not be the correct answer but that is what I would do.

BTW- I also have a color copy of DL and CHL in my car just in case. I know its not the real thing but it can't hurt.

Re: Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 2:00 pm
by gthaustex
You were fine to have a gun in your car. Anyone (that can legally possess) can do so under MPA.

Re: Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 2:33 pm
by Pecos
TxLobo--- That a good question! Wonder if they have it on record when the get our TDL report during the detainment??? I would like to here more about this. Thanks. :tiphat:

Re: Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 3:18 pm
by cb1000rider
TxLobo wrote: Since he holds a CHL, would that be a violation? I realize there is no penalty for fail to display License, but I'm asking because I'm not sure if we can switch hats when we want to to make it work for us at the time.
That's how I take it. And I'm sure not everyone knows that it's a non-punishable offense.
It's interesting, TX is one of the states in which getting a CHL actually increases your responsibilities when you're in the car over someone without.

Re: Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 3:27 pm
by RKirkwood
TxLobo wrote:
gthaustex wrote:You were fine to have a gun in your car. Anyone (that can legally possess) can do so under MPA.
But that opens up a new door.

1. Since the OP holds a CHL and is not in possession of his license at the time,
2. and is stopped for a traffic violation, and
3. Officer asks for ID...

Since he holds a CHL, would that be a violation? I realize there is no penalty for fail to display License, but I'm asking because I'm not sure if we can switch hats when we want to to make it work for us at the time. I don't think I've ever seen an answer to that.. just speculation.
1. If the gun is in the car but you are not carrying you are fine. Its covered under MPA.
2. Sign on the bottom of the ticket when he brings it to you. :shock:
3. Give him your DL

I sure there are some that can explain in more legal terms.

Re: Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 3:34 pm
by Pecos
I think the big question is "Will you get arrested for not haveing the licence while armed"? Im thinking you may be cuffed & detained untill it's checked out.
Im sure anyone can forget there wallet as some point. I haven't been in that situation yet! Dont really know. :headscratch
inside your car you would be OK under the car carry law. Texas law doesnt reconize a gun as to be loaded or unloaded.

Re: Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 3:49 pm
by JJVP
TxLobo wrote:
gthaustex wrote:You were fine to have a gun in your car. Anyone (that can legally possess) can do so under MPA.
But that opens up a new door.

1. Since the OP holds a CHL and is not in possession of his license at the time,
2. and is stopped for a traffic violation, and
3. Officer asks for ID...

Since he holds a CHL, would that be a violation? I realize there is no penalty for fail to display License, but I'm asking because I'm not sure if we can switch hats when we want to to make it work for us at the time. I don't think I've ever seen an answer to that.. just speculation.
Since he left his wallet at home, I assume his DL was also left at home with the CHL. If he was stopped, he had nothing to give the LEO as an ID. He could get a ticket for driving with out a license, but these days it is possible for LEO's to search for the information from their patrol cars and verify he has a valid DL. Most likely he would get a warning for not having the DL.

Since he did not have the CHL with him, IMO IANAL ,then he is no longer carrying under the CHL. He is technically, just someone carrying under MPA.

Re: Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 4:29 pm
by Pecos
Yes but most people that got there CHL definately have there TDL memorized form checking status 8 time a day!!!!! "rlol"

Re: Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 4:46 pm
by texanjoker
TxLobo wrote:
gthaustex wrote:You were fine to have a gun in your car. Anyone (that can legally possess) can do so under MPA.
But that opens up a new door.

1. Since the OP holds a CHL and is not in possession of his license at the time,
2. and is stopped for a traffic violation, and
3. Officer asks for ID...

Since he holds a CHL, would that be a violation? I realize there is no penalty for fail to display License, but I'm asking because I'm not sure if we can switch hats when we want to to make it work for us at the time. I don't think I've ever seen an answer to that.. just speculation.
I cannot see a violation of not having his CHL in possession as he would legally be carrying under the MPA. A simple explanation would work as he didn't have his ID either so the LEO would have to run an inquiry and ID him.

Re: Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 5:08 pm
by Running Arrow Bill
MaxBerlin wrote:I keep a loaded 9mm in the car and drove to the grocery the other day. When I went to pay I realized I had my cash but not my wallet - not my CHL either.

After paying with cash I went out to the car drove to the most secluded part of the lot and unchambered and unloaded my weapon and separated the ammo and the gun.

I think this would have kept me in the clear for the most part. But what if I had decided to carry the gun from my garage in a straight line to my apartment? Like I had the right to do before I got my CHL?

As a CHL holder do I have my original rights that I had before I had the CHL? Like to drive with a loaded gun and make straight ingress and egress from my domicile to my vehicle.

Thanks for the help.
1. Wear real pants with pockets.
2. Keep wallet with money, DL, & CHL in pocket.
3. Never forget either...priceless.

Re: Oops forgot wallet and CHL

Posted: Tue Jul 16, 2013 10:46 pm
by Jumping Frog
I have photos of my DL and various CHL's on my phone.

Obviously, that is not legally sufficient. But 99% of police officers are reasonable in those circumstances unless I have already acted in such a manner as to have them earnestly searching for reasons to arrest me. "rlol"

With photos, they can first be reasonably assured that I do have licenses. The license numbers on the photo also let them easily call it for verification (or bring it up on their terminal).

I have forgotten my phone at home before. I have forgotten my wallet at home before. I have never forgotten both my phone and wallet at the same time.

Re: Oops forgot wallet and CHL

Posted: Wed Jul 17, 2013 12:43 am
by 03Lightningrocks
That is a good idea Jumpingfrog! :tiphat: I bet in most cases it would be good enough to keep from having an issue. I have run out with no wallet and armed a couple times. I forgot my weapon was strapped on, ran out real quick to drop off a red box rental... Heck... I may not have had shoes and socks on my feet.

I have my DL number memorized and can give it to them if needed. The older I get, the more things police let me get away with. It is the darnedest thing. :mrgreen: