Texas CHL Specific Laws

[Sig_Fiend]

The purpose of this thread is for a simple and easy list of Texas state laws and regulations as they pertain to concealed carry. This thread needs to remain speculation and opinion free. It's not a thread for discussion, just for posting the facts and laws as they relate to CHL's in our state. Largely I will simply be copy/pasting info from the DPS website so as to keep the information here on a factual and accurate basis. All of the DPS sourced information is available from their website here:

http://www.txdps.state.tx.us/adminis.../chlsindex.htm


DPS contact info:

Texas Department of Public Safety
Concealed Handgun Licensing Section
P O Box 4143
Austin, Texas 78791-4143
Phone: (512) 424-7293 or (800) 224-5744
http://www.txdps.state.tx.us

[Sig_Fiend]

-Current Texas CHL Manual This is the CHL "bible". This is required reading if you plan on obtaining a CHL, and it is supplied with each CHL class regardless of the instructor.

-DPS approved CHL cerification shooting ranges

-Reciprocity Agreements Basically, these are agreements made with other states to respect a state CHL in various other states.

-Sign posting This is in regards to the legal requirements for what is called a "30.06" sign. CHL holders are not allowed to carry in businesses, public buildings, etc that properly display these signs. Please refer to the CHL manual for further elaboration on this subject. There is a very specific rule set in regards to the colors, size of letters, etc which determines whether these signs are legal or not.

-Proper conduct during traffic stop Common sense, short and to the point. Everyone should review this.

-Licensing & Instructor applications, renewals, and updates As the title says, if you need to apply, renew or update a license for a CHL or Instructor license, the forms are all here.

-List of Qualified Concealed Handgun Instructors

-Texas Administrative Code For License To Carry Handguns As it says, this is the letter of the law concerning anything in regards to licensing itself, as it pertains to handguns.

[Sig_Fiend]

Here's a list of a ton of forms from the DPS, some of which you need and will see in the application process (your instructor should provide all the necessary forms):

-Request for Duplicate Concealed Handgun License and Change of Name or Address Form

-Request for an Application to Carry a Concealed Handgun or to Be Certified as a Qualified Handgun Instructor

-Affidavits and Instructions for a Concealed Handgun License or Instructor Application

-Instructor Release and Instructor Certification Application Page

-Proficiency Certificate Order Form

-Range Registration Form

-Class Notification Template

-Class Completion Template

I've saved all of these forms to my computer. Should anyone have trouble in the future to access the DPS website, and would like to obtain these forms in PDF, contact me and I'll do my best to email them to you.

[Sig_Fiend]

If you look at these annual crime statistics it is an eye opener and very much proves that CHL holders are not "the problem" as some would have you believe:

-2002 Conviction Rates Report

-2003 Conviction Rates Report

-2004 Conviction Rates Report

-2005 Conviction Rates Report

These statistics are in regards to all crime convictions in the state of Texas for the respective years listed above. There are three columns on each PDF, which show the total convictions for each type of offense, number of CHL holder convictions for each offense (CHL holders are included in the total convictions numbers as well), as well as the CHL holder percentage of total convictions. Here's where the good part starts:

-2002 total convictions = 30,033
CHL holder convictions = 44
CHL holder conviction percentage of total = 0.1465%

-2003 total convictions = 32,680
CHL holder convictions = 58
CHL holder conviction percentage of total = 0.1775%

-2004 total convictions = 35,445
CHL holder convictions = 81
CHL holder conviction percentage of total = 0.2285%

-2005 total convictions = 34,791
CHL holder convictions = 129
CHL holder conviction percentage of total = 0.3708%

While some would have others believe that having concealed carry means the streets will turn into a warzone, the cold, hard, unbiased facts speak for themselves. CHL holders convicted of crimes have amounted to less than ONE HALF a percent of the annual crime conviction total, and this is with an increase in the number of CHL holders by 24,702 people over this 4 year timespan. Also, keep in mind this is crime in general, not firearm specific crime only so it includes stuff like public intoxication or other non-firearms related offenses.

-Active License Holders and Instructors 2002
-Active License Holders and Instructors 2003
-Active License Holders and Instructors 2004
-Active License Holders and Instructors 2005

[zembonez]

Good stuff Travis. I think everybody in here should give it all a good read and download the pdf manual files to keep. The more educated we are on the subject, the less we look like evil gun nuts to the general population.

[Sig_Fiend]

Here's the Reciprocity map for Texas CHL's courtesy of http://www.handgunlaw.us/LicMaps/ccwmap.php and thanks to Hoytinak for finding this one:

[InHouston]

What I'm wondering is, my CHL instructor told me that the legal alcohol limit for concealed carry is 0.0. However, I can't find that anywhere in the CH laws. Therefore, does that mean when I'm carrying, that the normal alcohol limit applies to me as well? I don't carry my weapon while I'm intoxicated, but often I've had a beer or two after work, or after going out for dinner, and I wonder ... I just wonder.

[JKTex]

Originally Posted by InHouston

What I'm wondering is, my CHL instructor told me that the legal alcohol limit for concealed carry is 0.0. However, I can't find that anywhere in the CH laws. Therefore, does that mean when I'm carrying, that the normal alcohol limit applies to me as well? I don't carry my weapon while I'm intoxicated, but often I've had a beer or two after work, or after going out for dinner, and I wonder ... I just wonder.

I've never seen nor heard nor found any "law" pertaining to limiting alcohol while carrying. It's pretty clear, if you're carrying during the commission of a crime, it's you're ass. So the smart card reads, be careful what and how much you drink, because you might be scrutinized more closely and the penalty is much greater.

While carrying, getting stopped for speeding is one thing, getting stopped for speeding and being drunk is another story; a bad one. PI is just a PI unless you're carrying.

It's just a bad idea. I wonder if his point was that you need to live and practice as if it's a zero tolerance? It's a good rule of thumb.

[Joat]

The statute does not specify a limit. The statute reads, in part:

"...commits an offense if, while intoxicated, {emphasis added} the license holder carries a handgun under the authority of . . ."

AND

The legal definition of intoxication in Texas is:

• Having an alcohol concentration of 0.08 or more
• Not having the normal use of physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body.
• Not having the normal use of mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body

The State only needs to prove one of the three ways beyond a reasonable doubt in order to obtain a conviction.



Joat

[JKTex]

...an even better, reply with actual detail. Thank joat.