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Old 10-31-2007, 18:11   #1
RicoDelRosado
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Moved from VA to TX

I have a valid CCW permit from VA, which means I've taken and passed a proficiency exam. A VA permit is honored in TX. But it seems like I might have to take the course again to get my Texas permit now that I've moved from VA to TX.

Does anyone know if there's any kind of exemption to the the course requirement if you have a permit from a reciprocal state?

Thanks,

Rico
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Old 10-31-2007, 18:17   #2
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Moved this to Lone Star Glockers.
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Old 10-31-2007, 18:29   #3
txinvestigator
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Originally Posted by RicoDelRosado View Post
I have a valid CCW permit from VA, which means I've taken and passed a proficiency exam. A VA permit is honored in TX. But it seems like I might have to take the course again to get my Texas permit now that I've moved from VA to TX.

Does anyone know if there's any kind of exemption to the the course requirement if you have a permit from a reciprocal state?

Thanks,

Rico

Your VA license is valid in Texas until it expires. There is no exemption from taking the Texas CHL course to obtain a Texas CHL.
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Old 11-01-2007, 10:25   #4
RicoDelRosado
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Originally Posted by txinvestigator View Post
Your VA license is valid in Texas until it expires. There is no exemption from taking the Texas CHL course to obtain a Texas CHL.
Thanks very much for the reply. That's good news. I've been looking through the booklet the TX Dept. of Public Safety sent, but I can't find anything official on this subject. Do you have the statute number or a weblink to the applicable laws? Just looking for that "warm fuzzy."

Thanks again,

Rico
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Old 11-01-2007, 12:34   #5
txinvestigator
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Originally Posted by RicoDelRosado View Post
Thanks very much for the reply. That's good news. I've been looking through the booklet the TX Dept. of Public Safety sent, but I can't find anything official on this subject. Do you have the statute number or a weblink to the applicable laws? Just looking for that "warm fuzzy."

Thanks again,

Rico

What, specifically, are you looking for?

here is the reciprocity agreement.

http://www.txdps.state.tx.us/adminis...aagreement.pdf

The Texas CHL laws are in the Texas Government Code, 411 H.

http://tlo2.tlc.state.tx.us/statutes...htm#411.171.00

Texas Weapons laws are here;

http://tlo2.tlc.state.tx.us/statutes...0.htm#46.01.00

Texas Use of Force laws are here;

http://tlo2.tlc.state.tx.us/statutes...00.htm#9.01.00

***Please Note*** There were changes made in this last legislative session that took effect Sept. 1 of this year. The legislative web page will not be updated with those changes until after the 1st of the year. Below are the most significant changes to the weapons laws and use of force laws;


Under the new law, if you are in a place where you have a right to be, or if the person unlawfully and with force attempted to enter your home, business or vehicle or attempted to remove you from those places unlawfully and with force, then the belief that your need to immediately use force is presumed. The retreat issue is changed to state that IF you are in a place you have a right to be, there is no requirement to retreat prior to using deadly force if the other conditions of using deadly force are met.







v 9.31 (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

v (1) knew or had reason to believe that the person against whom the force was used:

v (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

v (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or

v (C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

v (2) did not provoke the person against whom the force was used; and

v (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

v (b) The use of force against another is not justified:

v …………SAME AS BEFORE



9.32. DEADLY FORCE IN DEFENSE OF PERSON.

v (a) A person is justified in using deadly force against another:

v (1) if the actor would be justified in using force against the other under Section 9.31; and

v (2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:

v (A) to protect the actor against the other's use or attempted use of unlawful deadly force; or

v (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or

(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used









As you can see, the majority of the castle doctrine has to do with the presumption for reasonable belief (and the media has not ONCE mentioned it). Below is the only part of 9.32 that has anything to do with retreat, the continuation of 9.32





c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

The changed car carry law
46.02(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 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 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;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.


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Old 11-01-2007, 20:29   #6
RicoDelRosado
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Thanks for taking the time to send all this great info!

Rico
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Old 11-01-2007, 21:12   #7
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Welcome. Visit www.texaschlforum.com for Texas specific talk. It's another good site.
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Old 11-01-2007, 21:44   #8
Jeff82
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Just a thought...

If you're planning on riding your VA permit for a while you want to check and see how long a "resident permit" is valid once you're no longer a "resident".

(I don't know or I'd 'ave already said.)

Hate to see an officer come back to you after checking out your permit only to say, "Sorry, this permit was cancelled/revoked/suspended/inactivated/whatever last xxxxxx so you are illegal."
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Old 11-02-2007, 06:50   #9
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Quote:
Originally Posted by Jeff82 View Post
If you're planning on riding your VA permit for a while you want to check and see how long a "resident permit" is valid once you're no longer a "resident".

(I don't know or I'd 'ave already said.)

Hate to see an officer come back to you after checking out your permit only to say, "Sorry, this permit was cancelled/revoked/suspended/inactivated/whatever last xxxxxx so you are illegal."
I was thinking along those same lines... but I couldn't recall or find specific mention. The law covers changes in address for those with a TX CHL.

The big things in TX that might differ from VA are:

1- 51% signs
2- 30.06 signs
3- Places identified in statute where carry prohibitted
4- MUST give CHL to LE if asked for ID AND carrying (on person or in reach of you in car)
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Old 11-02-2007, 10:32   #10
txinvestigator
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Quote:
Originally Posted by Jeff82 View Post
If you're planning on riding your VA permit for a while you want to check and see how long a "resident permit" is valid once you're no longer a "resident".

(I don't know or I'd 'ave already said.)

Hate to see an officer come back to you after checking out your permit only to say, "Sorry, this permit was cancelled/revoked/suspended/inactivated/whatever last xxxxxx so you are illegal."
Unless his state has a tracking device planted on him, how would they record him moving from the state?
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Old 11-02-2007, 17:46   #11
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I guess he can try to ride his VA drivers lic till it expires. But when that happens he will have to get a TX lic. TX CHL is linked to TX ID.
Of course everyone knows that you have a finite period of time to get your car registered, a new dl and insurance for your new state. You could get jacked just for that if you were stopped for whatever reason.
Just some food for thought.
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Old 11-03-2007, 12:17   #12
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I guess he can try to ride his VA drivers lic till it expires. But when that happens he will have to get a TX lic. TX CHL is linked to TX ID.
I agree. When his VA expires he will need to get a Texas License, unless VA has a non-resident license. If they do, he can get one and use it to carry in Texas.

Texas recognizes fully, a valid VA license.
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