Questions from one who is waiting for the 6 months residency

[SA_Steve]

I had a TX CHL way back almost 15 years ago before moving to GA. Back then it was a crime to not mail back the TX CHL to the DPS ASAP. No conversion to out-of-state status was possible.

I'm waiting to start the waiting period.

I do have my GA (open-or-concealed) license which has not expired, but is probably no good now even in GA since I'm no longer a resident there.

I'm retired and back in TX for good and waiting for the six months needed to get legal residency for the TX CHL application.

The laws have changed a lot in 15 years, for the better in many ways, and I have a question about (now legal) car carry by an unlicensed person (me): I understand TX is a 'must notify' state meaning if I have a gun in the car and am stopped by an officer that I must declare it. What is the recommended procedure to do this ? Volunteer or wait for the officer to ask ?

I read through the TX laws and did not find the answer to (1) unlicensed car-carry and I sure could not (2) figure out the section that seemed to imply that the range-time training for the CHL would be limited to once every 10 years, but the references to second and third renewals left my head spinning.

Glad to be back in friendly TX (nothing like cold cold Atlanta).

Thanks for letting me join the forum.

[Vol Texan]

Welcome to the best CHL forum on the web, and welcome back to Texas!

Others will say this more eloquently than I, but here goes the Cliff's Notes version...

You should declare your CHL if you are carrying. No penalty if you don't, but it's a good idea.
I would declare even if I were not carrying.

You need not declare your gun, just the license. If the cop asks, then you should let him know, as he does have the right to disarm you if he so feels he wants to.

If you were carrying under MPA (the motorist's protection act), there is no need to declare anything. But once you have a CHL, we must declare the license. Working with the base assumption that your GA CHL is still valid, then I'd declare it. If indeed it is not anymore, then you can carry under MPA.

Remember that without your TX CHL, you are not exempt from the GFSZ act, and are subject to prosecution for even driving too close to the school (although that's a very rare occurence). Once you have your TX CHL as a TX resident, you're exempt from that.

[SA_Steve]

Thanks for the welcome and good fast info Vol.

I'm reading that the digitized DL license photo can / will be used on the CHL. That's nice, but I just got all ten fingers printed for the DL and looks like got to do them again for the CHL app.

But some good news, I get the $70 fee since I'm elderly.

[Teamless]

I could be wrong and will be corrected if so, but I thought residency was as soon as you moved here, and not 6 months later.

[Jumping Frog]

I'm waiting to start the waiting period.

Run, don't walk, to get your training and apply for your license today.

There is no six month waiting period if you are becoming a resident.

Sec. 411.173. NONRESIDENT LICENSE.
(a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state.

[Jumping Frog]

The laws have changed a lot in 15 years, for the better in many ways, and I have a question about (now legal) car carry by an unlicensed person (me): I understand TX is a 'must notify' state meaning if I have a gun in the car and am stopped by an officer that I must declare it. What is the recommended procedure to do this ? Volunteer or wait for the officer to ask ?

The only person who is required to notify is someone who has a concealed handgun license ("CHL").

There is no duty for an unlicensed person to declare a firearm. If you are directly asked by a police officer, I would not recommend lying, as the act of lying can be considered a crime under certain circumstances.

Shifting gears to someone who does have a CHL, the statute is clearcut: When an officer asks a CHL for identification, the licensee shall also provide their CHL if they are currently armed. However, there is no criminal penalty for failing to do so.

Car carry by an unlicensed person is legal. Here is how it is defined in the statutes. The statute says carrying a handgun is illegal if you are not on your own premises or a vehicle you control. Note that you cannot have the handgun in plain view, be committing a crime (other than Class C), be prohibited from possessing firearms, or be part of a criminal gang. Those restrictions are not typically an issue for us law-abiding types.

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 or watercraft 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 or watercraft 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 or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.

I read through the TX laws and did not find the answer to (1) unlicensed car-carry and I sure could not (2) figure out the section that seemed to imply that the range-time training for the CHL would be limited to once every 10 years, but the references to second and third renewals left my head spinning.

Now, you get your training once for your original license, but then additional training is not required for renewals.

The stuff you are looking at is outdated law and a snarled up mess to read. The first part of the renewal requirements (GC 411.185) acts as if training is required, but the statute specifies training requirements as GC 411.188(c) which was subsequently repealed.

Here are training requirements from Sec. 411.188. HANDGUN PROFICIENCY REQUIREMENT.

Here are the renewal requirements Sec. 411.185. LICENSE RENEWAL PROCEDURE

Glad to be back in friendly TX (nothing like cold cold Atlanta).

Welcome back to the Lone Star State! Glad to have ya'!

[olafpfj]

No 6 month wait.

Got my CHL within 90 days of moving to Texas from California. I'm actually due for my first renewal

[SA_Steve]

Thanks everybody. I'll get crackin' on getting my training and app.

[Pawpaw]

One more thing, there is no requirement to "notify" or "declare" anything. There is a requirement to produce your CHL when an officer demands ID. There is no penalty if you don't, but it's not wise to poke the bear.

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is
carrying a handgun on or about the license holder’s person when a magistrate or
a peace officer demands that the license holder display identification, the license
holder shall display both the license holder’s driver’s license or identification
certificate issued by the department and the license holder’s handgun license.

Almost anything you might say could be misinterpreted by the LEO, so I believe it's better to keep your trap shut and hand over the CHL along with your DL.