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Can you carry without a license, if the status is print pending?

Posted: Sat Aug 20, 2016 1:48 pm
by kevin1
My status just changed this morning. Everything is green, except the last one (LTC print pending). I’m not planning to carry without my license in hand. But I’m just curious to know if it’s legal to carry if it says print pending?

Re: Can you carry without a license, if the status is print pending?

Posted: Sat Aug 20, 2016 1:50 pm
by LTCTLB
kevin1 wrote:My status just changed this morning. Everything is green, except the last one (LTC print pending). I’m not planning to carry without my license in hand. But I’m just curious to know if it’s legal to carry if it says print pending?
No...you must have your license in your possession while carrying outside your residence or vehicle. Don't risk it - wait it out.

Re: Can you carry without a license, if the status is print pending?

Posted: Sat Aug 20, 2016 1:52 pm
by joe817
kevin1 wrote:My status just changed this morning. Everything is green, except the last one (LTC print pending). I’m not planning to carry without my license in hand. But I’m just curious to know if it’s legal to carry if it says print pending?
Short answer: absolutely not. You MUST have your LTC with you when you carry, except when you are driving in your car. Then you are covered by the MPA.

Re: Can you carry without a license, if the status is print pending?

Posted: Sat Aug 20, 2016 1:55 pm
by ScottDLS
You're not supposed to as you technically only get the exception to Unlawful Carrying of a Weapon (TX PC 46.02) if you are physically carrying the card.
PC §46.15. NON-APPLICABILITY.
...
(b) Section 46.02 does not apply to a person who:
...
(6) is carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster;

Re: Can you carry without a license, if the status is print pending?

Posted: Sat Aug 20, 2016 1:56 pm
by RogueUSMC
PC §46.15.b.6.B
(6) is carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code,
to carry a handgun; and
Have to actually have the plastic before you can carry it...

Re: Can you carry without a license, if the status is print pending?

Posted: Mon Aug 29, 2016 2:41 pm
by z_g_yang
"Print Pending" is not reliable. I have been in that state for 2 months. I called , actually, they overlooked one of my document.

Re: Can you carry without a license, if the status is print pending?

Posted: Mon Aug 29, 2016 2:54 pm
by TXPeaceOfficerDave
Okay, let's clear up this question. You must have it on your person...I.e, "carrying".

Now having said that...it is entered into NCIC and is brought up with your DL every time they do a 10-28/29 on you on a stop. So in theory the peace officer that stops you, assuming the LTC has truly been issued and is just in the mail, would immediately know that you're a Texas LTC holder.

Now, this is vastly different from operating a motor vehicle without a license on your person. In this case there is specific Texas law that mandates the judge and/or district attorney to dismiss the charge against you if you prove the court within 30 days of your citation that you were in fact th holder of a valid DL when stopped, it just was not with you (was at home cause you forgot your purse or wallet)

Hear me clearly on this: The above exemption does NOT apply to the License to Carry. There is no law that says you have 30 days to prove to the court you were actually licensed when you were arrested for Unlawful Carrying of a Weapon under the Texas Penal Code.

Hope that helps! :-)

Re: Can you carry without a license, if the status is print pending?

Posted: Mon Aug 29, 2016 3:14 pm
by ScottDLS
TXPeaceOfficerDave wrote:Okay, let's clear up this question. You must have it on your person...I.e, "carrying".

Now having said that...it is entered into NCIC and is brought up with your DL every time they do a 10-28/29 on you on a stop. So in theory the peace officer that stops you, assuming the LTC has truly been issued and is just in the mail, would immediately know that you're a Texas LTC holder.

Now, this is vastly different from operating a motor vehicle without a license on your person. In this case there is specific Texas law that mandates the judge and/or district attorney to dismiss the charge against you if you prove the court within 30 days of your citation that you were in fact th holder of a valid DL when stopped, it just was not with you (was at home cause you forgot your purse or wallet)

Hear me clearly on this: The above exemption does NOT apply to the License to Carry. There is no law that says you have 30 days to prove to the court you were actually licensed when you were arrested for Unlawful Carrying of a Weapon under the Texas Penal Code.

Hope that helps! :-)
Does Texas really put your LTC in NCIC? Or is it only in TCIC? If I get pulled over in NJ does my Texas LTC come up when they run my TXDL.

Re: Can you carry without a license, if the status is print pending?

Posted: Mon Aug 29, 2016 3:23 pm
by NTexCopRetired
It is not entered into NCIC per se, but if the State is in the Compact with Texas and runs your DL, the return will come back with the same info as it would in Texas (via TCIC). TCIC gets it's data from the DL Database. However, the receiving State has to have their returns information formatted with a place to put that additional information. So it can be a State by State thing.

Do you want your carry license information residing in a federal database?????

Re: Can you carry without a license, if the status is print pending?

Posted: Mon Aug 29, 2016 3:25 pm
by TexasTornado
ScottDLS wrote:
TXPeaceOfficerDave wrote:Okay, let's clear up this question. You must have it on your person...I.e, "carrying".

Now having said that...it is entered into NCIC and is brought up with your DL every time they do a 10-28/29 on you on a stop. So in theory the peace officer that stops you, assuming the LTC has truly been issued and is just in the mail, would immediately know that you're a Texas LTC holder.

Now, this is vastly different from operating a motor vehicle without a license on your person. In this case there is specific Texas law that mandates the judge and/or district attorney to dismiss the charge against you if you prove the court within 30 days of your citation that you were in fact th holder of a valid DL when stopped, it just was not with you (was at home cause you forgot your purse or wallet)

Hear me clearly on this: The above exemption does NOT apply to the License to Carry. There is no law that says you have 30 days to prove to the court you were actually licensed when you were arrested for Unlawful Carrying of a Weapon under the Texas Penal Code.

Hope that helps! :-)
Does Texas really put your LTC in NCIC? Or is it only in TCIC? If I get pulled over in NJ does my Texas LTC come up when they run my TXDL.
If it couldn't be verified in other states I would think our reciprocity would suffer greatly.

Re: Can you carry without a license, if the status is print pending?

Posted: Mon Aug 29, 2016 3:42 pm
by thetexan
No. Under no circumstances.

To carry a gun under 411 LTC you must have the physical license.

Tex

Re: Can you carry without a license, if the status is print pending?

Posted: Mon Aug 29, 2016 4:17 pm
by TXPeaceOfficerDave
Your license to carry is also on the "rap back" list in case you're ever arrested in any jurisdiction state local or
Federal that reports arrests to TCIC or NCIC. This means your license and you are well known when you're charged with a. Offense.

Re: Can you carry without a license, if the status is print pending?

Posted: Mon Aug 29, 2016 6:29 pm
by ScottDLS
TXPeaceOfficerDave wrote:Your license to carry is also on the "rap back" list in case you're ever arrested in any jurisdiction state local or
Federal that reports arrests to TCIC or NCIC. This means your license and you are well known when you're charged with a. Offense.
What is the source for this? Given the controversy that surrounded Hawaii putting all gun owners (requires license) on the Federal "rap back", I'd be very surprised if Texas did this so quietly and without controversy.

From what I've heard from LEO's, almost all driver's licenses and status in the US are in NCIC, but not very many states' carry permits. When does Texas LTC information get entered into NCIC? Is there a part of GC 411 that authorizes and/or funds this. Is there a screen/fields in NCIC where this information is reported and how is it standardized across the hundreds if not thousands of jurisdictions that issue various types of firearm licenses?

Re: Can you carry without a license, if the status is print pending?

Posted: Mon Aug 29, 2016 7:01 pm
by TXPeaceOfficerDave
There are several groups of people that you can 100% rest assured are on the rap back list. All leave officers certified through TCOLE are on the rap back list. In fact, when one of us is arrested we have thirty days to report the arrest. TCOLE uses it to verify arrest out of state for its officers.

FBI agents are there too. So are some military personnel. Not all
Military but some are. All of the three letter intelligence agencies have their officers and sgents on the list.

As far as LTC carriers they are there too. In fact, when I was an officer in Mississippi before I transfer my POST cert to TCOLE we had an officer arrested there in Jackson and he also had to CHL. This was in 1997. He was arrested and our sheriff in Hinds County sent a letter of requested suspension to Austin.

Re: Can you carry without a license, if the status is print pending?

Posted: Mon Aug 29, 2016 10:08 pm
by ScottDLS
TXPeaceOfficerDave wrote:There are several groups of people that you can 100% rest assured are on the rap back list. All leave officers certified through TCOLE are on the rap back list. In fact, when one of us is arrested we have thirty days to report the arrest. TCOLE uses it to verify arrest out of state for its officers.

FBI agents are there too. So are some military personnel. Not all
Military but some are. All of the three letter intelligence agencies have their officers and sgents on the list.

As far as LTC carriers they are there too. In fact, when I was an officer in Mississippi before I transfer my POST cert to TCOLE we had an officer arrested there in Jackson and he also had to CHL. This was in 1997. He was arrested and our sheriff in Hinds County sent a letter of requested suspension to Austin.
I'll bet they found the Texas license in his possession, not on NCIC. As TXRetiredLEO said above only TCIC has the LTC data and unless the compact states' systems are formatted to pick it up and to query TCIC, they're not going to get it. I'm sure all Fed LEOs are in "rap back", and all the "average schmoes" in the three letter agencies, but the 8 bazillion federal contractors running around with TS/SCI's probably aren't. And the IC doesn't always even share their clearance status with the rest of DOD and Fed Civ, much less every "Tom, Dick, and Harry that has access to NCIC. :lol: