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CHL database access by non-Texan LE agencies
Posted: Fri Oct 04, 2013 9:30 am
by CleverNickname
What is the procedure for state or local LE in another state, or federal LE, to access Texas CHL records, to determine the validity of a license? I assume there's some sort of electronic database. Can an out-of state agency do an electronic query by themselves, or do they have to call up the DPS on the phone, wait for the DPS to query the database and then receive verbal confirmation? If they can do the query by themselves, what are the requirements to get access?
Re: CHL database access by non-Texan LE agencies
Posted: Fri Oct 04, 2013 10:03 am
by n5wd
CleverNickname wrote:What is the procedure for state or local LE in another state, or federal LE, to access Texas CHL records, to determine the validity of a license? I assume there's some sort of electronic database. Can an out-of state agency do an electronic query by themselves, or do they have to call up the DPS on the phone, wait for the DPS to query the database and then receive verbal confirmation? If they can do the query by themselves, what are the requirements to get access?
If there was a question, they wouldn't do it by phone - too many chances for that to go wrong. Instead, they'd most likely use NLETS (the National Law Enforcement Teletype Service, or whatever it's called today). That's a communications network that links all of the LE, plus state and federal agencies, together for record (written) communications.
It's also possible (though I have absolutely no knowledge of whether it's been done or not) to have the DPS CHL database available for query using NLETS, just like you could inquire on out-of-state vehicle registrations, DL information, etc.
Re: CHL database access by non-Texan LE agencies
Posted: Fri Oct 04, 2013 1:06 pm
by bayouhazard
DPS is legally required to notify us when they release our CHL info to a law enforcement agency but they have been breaking that law ever since it passed.
Re: CHL database access by non-Texan LE agencies
Posted: Sat Oct 05, 2013 7:18 am
by TexasCajun
bayouhazard wrote:DPS is legally required to notify us when they release our CHL info to a law enforcement agency but they have been breaking that law ever since it passed.
Which law would that be?
Re: CHL database access by non-Texan LE agencies
Posted: Sat Oct 05, 2013 8:45 am
by Keith B
TexasCajun wrote:bayouhazard wrote:DPS is legally required to notify us when they release our CHL info to a law enforcement agency but they have been breaking that law ever since it passed.
Which law would that be?
GC ยง411.192. CONFIDENTIALITY OF RECORDS. (a) The department shall disclose to a criminal justice agency information contained in its files and records regarding whether a named individual or any individual named in a specified list is licensed under this subchapter. Information on an individual subject to disclosure under this section includes the individual's name, date of birth, gender, race, zip code, telephone number, e-mail address, and Internet website address. Except as otherwise provided by this section and by Section 411.193, all other records maintained under this subchapter are confidential and are not subject to mandatory disclosure under the open records law, Chapter 552.
(b) An applicant or license holder may be furnished a copy of disclosable records regarding the applicant or license holder on request and the payment of a reasonable fee.
(c) The department shall notify a license holder of any request that is made for information relating to the license holder under this section and provide the name of the agency making the request.
(d) The department shall make public and distribute to the public at no cost lists of individuals who are certified as qualified handgun instructors by the department and who request to be included as provided by Subsection (e). The department shall include on the lists each individual's name, telephone number, e-mail address, and Internet website address. The department shall make the list available on the department's Internet website.
(e) An individual who is certified as a qualified handgun instructor may request in writing that the department disclose all or part of the information described by Subsection (d) regarding the individual. The department shall include all or part of the individual's information on the list as requested.
Re: CHL database access by non-Texan LE agencies
Posted: Sat Oct 05, 2013 10:46 am
by TexasCajun
Thanks. That's the portion of the chl-16 that I'm least familiar with.