Montgomery County Constable issues with AZ CHL

[espy59lc]

espy59lc that looks like the exact same letter that Bithabus sent me earlier in this thread, and I have forwarded that to the officer. I feel it is a combination of both the officer and the DA that does not like this. While the officer is trying to sort it out, I believe that he is opposed to it being allowed to happen.

Hopefully we can make some positive movement here, and avoid any person traveling through The Woodlands, Conroe, etc from having an issue.

Yeah thats what I get from reading the first 3 posts on this thread and then posting. I didn't read the full thread before I posted so I re-posted it.

It doesn't matter if the DA and Officer don't like it, but its legal. Just because you don't like it doesn't mean you can enforce your own rules.

I just don't get their argument, whats the difference of an AZ resident carrying in TEXAS on a AZ CCW? Other than their a resident of AZ, but they still don't have a TEXAS CHL. Who cares?!

 

[jocat54]

Here is the answer I got DIRECT from TEXAS DPS regarding this issue before I went ahead and got my AZ CCW:


-----Original Message-----

From: "RSD_Customer_Relations" <RSD_Customer_Relations@dps.texas.gov>
Sent: July 27, 2011 7/27/11
To:xxxxxxxxxxxxxxxxxxxxx
Subject: RE: Texas resident with AZ CHL

Dear Applicant,



Thank you for giving the Department the opportunity to respond to your email question regarding a Texas Concealed Handgun license.



Your Arizona gun permit is valid so long as the address on it matches the address printed on your Texas driver's license.



Should you have any additional questions or need further assistance, please contact Concealed Handgun Licensing Customer Relations at RSD_Customer_Relations@txdps.state.tx.us or 1-512-424-7293.





Best regards,

Concealed Handgun Program

Customer Relations Section





Texas Department of Public Safety

Regulatory Services Division

Phone: (800) 224-5744

Website: https://www.txdps.state.tx.us/administration/crime_records/chl/custRelations.htm





AGENCY CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential, may be privileged, and should be read or retained only by the intended recipient. If you have received this transmission in error, please immediately notify the sender, destroy all electronic and non-electronic copies, and delete it from your system.




From: XXXXXXXXXXXXXXXXXXX
Sent: Wednesday, July 27, 2011 12:20 PM
To: RSD_Customer_Relations
Subject: Texas resident with AZ CHL





If I'm a Texas resident, and I recieve my Arizona CHL, can I carry here in Texas with it? I've read conflicting stories about this. I guess my question is, if I get pulled over and I'm carrying concealed with my AZ CHL, and I produce my TEXAS ID and AZ CHL to the Officer will I be fine? Or do I need an AZ ID to go with it? (This is all without having a Texas CHL)

Thanks

Makes me wonder what they would say about a Florida license (license does not say anything about resident or non-resident nor does it have an address on it.) The only thing on it is Concealed Weapon or Firearm License-State of Florida-birth date, sex, race, issue and expire date and of course a license number.

 

[espy59lc]

Makes me wonder what they would say about a Florida license (license does not say anything about resident or non-resident nor does it have an address on it.) The only thing on it is Concealed Weapon or Firearm License-State of Florida-birth date, sex, race, issue and expire date and of course a license number.

Texas Honors Non-resident FL CCW according to this (Texas Resident w/ FL CCW):

Concealed Carry Permit Reciprocity Maps

 

[Texan2]

Just so everyone knows that I side with the guys who are right, and dont constantly defend the cops.....

This constable sounds like a complete moron.

I think you could make the argument that if DPS tells him the licenses are valid and he makes arrests anyway it could be argued that he is committing official oppresion.

 

[jocat54]

Texas Honors Non-resident FL CCW according to this (Texas Resident w/ FL CCW):

Concealed Carry Permit Reciprocity Maps

True, but nothing on my license says anything about non-resident(with no address)

 

[RetArmySgt]

True, but nothing on my license says anything about non-resident(with no address)

The resident licenses look exactly like the Fl DL and has the adress on it, the non-resident just has license number, name, DOB, sex, race and issue and exp dates.

 

[txinvestigator]

I am interested in the opinions of those on this board, especially those in law enforcement (hint, hint.... txinvestigator) and ordinary citizens as how you would respond to this.

I am not in LE, just FYI.

I have not looked hard, but one need only read the actual proclimation that is signed, not the explanation of the proclimation that the good Deputy quoted.

All of that said, it is really simply to avoid this issue. Get a Texas license. (off topic, I know)

 

[Bithabus]

Resident or non resident makes no difference. By Texas law, if the state which issues your license is recognized your license is valid in Texas. Nowhere in any code does it say that only Arizona residents can carry here on an AZ license. All AZ licenses are honored in TX. The Deputy Constable read a paragraph written by some staffer and posted on the DPS website (which incorrectly describes the agreement between TX and AZ) and flew off the handle. This is a non issue.

 

[txinvestigator]

Resident or non resident makes no difference. By Texas law, if the state which issues you license is recognized your license is valid in Texas..

Just out of curiosity, what law is that?

 

[Bithabus]

Just out of curiosity, what law is that?

411.173


(b) The governor shall negotiate an agreement with any other state that provides for the issuance of a license to carry a concealed handgun under which a license issued by the other state is recognized in this state or shall issue a proclamation that a license issued by the other state is recognized in this state if the attorney general of the State of Texas determines that a background check of each applicant for a license issued by that state is initiated by state or local authorities or an agent of the state or local authorities before the license is issued. For purposes of this subsection, "background check" means a search of the National Crime Information Center database and the Interstate Identification Index maintained by the Federal Bureau of Investigation.
(c) The attorney general of the State of Texas shall annually:
(1) submit a report to the governor, lieutenant governor, and speaker of the house of representatives listing the states the attorney general has determined qualify for recognition under Subsection (b); and
(2) review the statutes of states that the attorney general has determined do not qualify for recognition under Subsection (b) to determine the changes to their statutes that are necessary to qualify for recognition under that subsection.
(d) The attorney general of the State of Texas shall submit the report required by Subsection (c)(1) not later than January 1 of each calendar year.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.05(a), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 255, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 752, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 915, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 915, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 915, Sec. 4, eff. September 1, 2005.




Each year the AG submits a list of accepted states to the Gov. AZ is on that list.

 

[txinvestigator]

411.173


(b) The governor shall negotiate an agreement with any other state that provides for the issuance of a license to carry a concealed handgun under which a license issued by the other state is recognized in this state or shall issue a proclamation that a license issued by the other state is recognized in this state if the attorney general of the State of Texas determines that a background check of each applicant for a license issued by that state is initiated by state or local authorities or an agent of the state or local authorities before the license is issued. For purposes of this subsection, "background check" means a search of the National Crime Information Center database and the Interstate Identification Index maintained by the Federal Bureau of Investigation.
(c) The attorney general of the State of Texas shall annually:
(1) submit a report to the governor, lieutenant governor, and speaker of the house of representatives listing the states the attorney general has determined qualify for recognition under Subsection (b); and
(2) review the statutes of states that the attorney general has determined do not qualify for recognition under Subsection (b) to determine the changes to their statutes that are necessary to qualify for recognition under that subsection.
(d) The attorney general of the State of Texas shall submit the report required by Subsection (c)(1) not later than January 1 of each calendar year.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.05(a), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 255, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 752, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 915, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 915, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 915, Sec. 4, eff. September 1, 2005.




Each year the AG submits a list of accepted states to the Gov. AZ is on that list.

I see. BTW, you failed to cite the code.

Regardless, how does that law mandate

if the state which issues your license is recognized your license is valid in Texas

?

Not trying to be argumentative, I honestly just don't see it.

 

[Bithabus]

I see. BTW, you failed to cite the code.

You know that is in the Government code.

Regardless, how does that law mandate?

First, the AG does some research to determine the states in which "a background check of each applicant for a license issued by that state is initiated by state or local authorities or an agent of the state or local authorities before the license is issued", and sends a list of these states to the Governor. Then, the Governor is required to make sure carry permits from these states are recognized by either negotiating an agreement or issuing a proclamation. Note "the Governor shall" not "the Governor may".

 

[Texasjack]

I understand wanting to save money and hassle, but somehow it's just wrong to live here and pay some other state for a CHL.

 

[TexasRedneck]

I understand wanting to save money and hassle, but somehow it's just wrong to live here and pay some other state for a CHL.

Used to feel the same way - and still do in general - but there are specific cases (includin' some of the folks from this board) where I understand why they choose to do so. And frankly - if another state can do it for less money, why can't ours?!??

 

[Acera]

I understand wanting to save money and hassle, but somehow it's just wrong to live here and pay some other state for a CHL.

Actually I think it is wrong for Texas to not be in line with many of the other states.

Why should Texans have to be subjected to a harsher standard, more fees, shorter license periods, etc. than citizens of other states?

I am all for the position that AZ,AK, NH and many others are looking at, you don't need to have one at all. But in the meantime we are stuck with a flawed system, that is hopelessly out of date. The standards that the state of Texas has implemented are having the effect of limiting access due to economic standing. You think a working single mom has the $300+ dollars it takes to get a license here, when she can spend a fraction of that and get one that does basically the same thing from another source? Is the safety of those law abiding citizens that live near the poverty line any less important to society than yours?

It's that important for you to have a piece of plastic that has "Texas" on it, really? I figured that the content of the card was what matters, what it entitles you to do, not the word Texas.

I will keep you all posted on what transpires with my conversations with the Deputy, and it a resolution comes around.

Just be careful if you are driving in Montgomery County

 

[SC-Texas]

Tag

 

[M. Sage]

I understand wanting to save money and hassle, but somehow it's just wrong to live here and pay some other state for a CHL.

Nah, it's wrong to charge high fees for people to exercise a basic right.

 

[Wolfwood]

Just so everyone knows that I side with the guys who are right, and dont constantly defend the cops.....

This constable sounds like a complete moron.

I think you could make the argument that if DPS tells him the licenses are valid and he makes arrests anyway it could be argued that he is committing official oppresion.

 

[Driller]

Correct me if I am wrong but because of the castle doctrine law it is not against the law to have a weapon in your vehicle anyway with or without a CHL. The only problem I see is him carrying in public with it concealed and using the AZ CHL.

 

[Acera]

Correct me if I am wrong but because of the castle doctrine law it is not against the law to have a weapon in your vehicle anyway with or without a CHL.

Not Castle Doctrine. That is protected under the Texas Motorist Protection Act.
Texas Motorist Protection Act


In my friends line of work, carrying outside his car is warranted, and he will take full advantages of the right to lawfully carry concealed.