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Thread: Texas Resident with a Non-Resident CHL

  1. #1
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    Texas Resident with a Non-Resident CHL

    I am sure this is already on here but I can not find the answer to my question. I have researched and read all I can find on this topic. I read a Texas AG opinion that says if there is a reciprocity agreement or a unilateral proclamation by Texas with a state and a person obtains a concealed carry permit legally and the permit is valid in the state that issued it than Texas will honor said permit. Now, I can not find this opinion again and I do not remember where or how I found it, the Texas AG website is very difficult to find opinions on, you have to have the wording exactly correct and I just cannot find the correct arrangement of words.
    OK, I am going on too long here, I'll get to the point, I have heard mixed opinions and even heard one law enforcement officer say that Texas does not honor a non resident license in Texas the holder of said license is a Texas resident. My question here is, I am a Texas resident with an Arizona CHL, is it valid in Texas? Where can I find the authority of this either way. I would like to see this AG opinion again so I can print it out. All I can find says that Texas will honor my AZ CHL but I would like to have it in black and white just in case I come across an uninformed law inforcement officer. Just so you know I am worried about this because my daughters boyfriend was almost arrested for carrying his handgun in his car. The law enforcement officer told him he was misinformed and could not carry a handgun in his car, he plead with the officer to double check with his superiors after the officer hand handcuffed him, read him his rights, informed him he was under arrest for unlawful carrying of a weapon and placed him in the back of the patrol car. The officer searched his car and then a supervisor showed up, the officer let him go and told him he was lucky that he was not going to arrest him. So, seeing that there are some very uninformed officers here in Texas I hope you can understand my concern. Oh, and by the way, this was not in a small town, it was in Waco Texas that this happened.

    Thank you for your time and I look forward to seeing what everyone says about this but please remember, this is about the non resident CHL not the uninformed in Waco.

  2. #2
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    TX will honor non-resident permits held by TX residents. That was the reason UT made it's change a year or so back requiring applicants from states that honor the UT permit to first have one from their home state before being able to obtain a UT permit. TX complained that their residents were getting the {much cheaper} UT permit rather than their permit.


    Here is the statute:

    § 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. The procedure
    must include payment of a fee in an amount sufficient to recover the
    average cost to the department of obtaining a criminal history
    record check and investigation on a nonresident applicant. A
    license issued in accordance with the procedure established under
    this subsection:
    (1) remains in effect until the license expires under
    Section 411.183; and
    (2) may be renewed under Section 411.185.
    (a-1) Repealed by Acts 2005, 79th Leg., ch. 915, § 4.
    (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.
    States don’t have rights. People do.

  3. #3
    Regular Member rushcreek2's Avatar
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    Ignorance of the laws is no excuse. This long recognized legal axiom particularly applies to those formally entrusted with the duty of enforcing said laws.

    A formal complaint should be filed whenever a LEO demonstrates a lack of knowledge, or disregard for said laws.
    Only by documenting such malfeasance can it be remedied.

    As a former Texas resident I have maintained my Texas CHL as a non-resident even though I possess a Texas recognized Colorado CHP which is required for my Colorado concealed carry . I may decide to become a Texas resident again - particularly if Texas reclaims its nationhood again.

    Last time I checked each license/permit was recognized by at least one state that did not recognize the other. I don't travel much outside of CO, NM, OK, and TX - so that's not an important issue for me.

    I just think it is worth the effort & $$$ to have a TX CHL if planning to remain a Texas resident - or contemplating seeking Texas citizenship in the future.

  4. #4
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    Thank You

    Thank you for the responses, this is what I thought and understood from my research. I agree with you about ignorance of the law and I have pushed my daughters boyfriend to file a complaint but, he has not done so.
    As for me being or staying a Texas resident, other than my time in the military and a short time due to a job I have been in Texas my whole life and am a proud Texan. The main reason I went with the AZ CHL for now is I sent my wife to the CHL class and she got her TX CHL and, with me being a Veteran AZ accepted my military service in place of a class, I know that it is only about $5 less for the AZ license but I did not have to pay for the CHL class. I will be getting my TX CHL as soon as I am able to fork out the money and time for the class.
    I also spent some money on upgrading and expanding our weapons.


    Thank You

  5. #5
    Founder's Club Member rodbender's Avatar
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    If you have a resident concealed license for Az and you moved and are now a resident of Texas you need to get a Texas CHL or a non-resident license from another state that Texas recognizes.
    The thing about common sense is....it ain't too common.
    Will Rogers

  6. #6
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    Quote Originally Posted by rodbender View Post
    If you have a resident concealed license for Az and you moved and are now a resident of Texas you need to get a Texas CHL or a non-resident license from another state that Texas recognizes.
    Why can't someone who moves from Arizona to Texas simply change the address of his Arizona license and make it a nonresident license that Texas accepts?
    http://www.azdps.gov/Services/Concea...rorRequest.pdf
    http://www.txdps.state.tx.us/directo...n/pr091599.htm
    Last edited by Glandis; 12-28-2012 at 07:43 PM.

  7. #7
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    "I may decide to become a Texas resident again - particularly if Texas reclaims its nationhood again." -- rushcreek2


    First, TX has to reclaim its "manhood" -- that'll happen when it catches up to OTHER more "manly" states and decriminalizes OC.

    [EDIT: And I don't know why TX has been a FOLLOWER all these years instead of a LEADER re: CC and OC issues -- even OK now has OC but TX still doesn't]

    Meanwhile, we here can only hope TX will get that long-awaited sex-change operation ASAP...hopefuly it can reverse the damage caused by that first one back in 1871 or so. ;-)
    Last edited by cloudcroft; 12-28-2012 at 11:11 PM.

  8. #8
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Glandis View Post
    Why can't someone who moves from Arizona to Texas simply change the address of his Arizona license ...
    This.

    AZ, like NV and UT, doesn't have a "non-resident" permit. It's just the same permit, but has your out-of-state address on it. In NV, if you change your address, they won't even mail you a new card unless you pay for the duplicate card. You still carry your old card, even if the residency has changed. It doesn't matter, because it is not a state ID and must be presented with your actual state ID in order to be valid.

    TX recognizes non-resident or resident permits from the permits they recognize, and this includes of its own residents.

    And yes, TX complained to UT about their (TX) residents getting UT permits that were good in their home state of TX. I'm not sure why UT felt it was their problem, but they have now mandated that if your home state accepts the UT permit, you must show proof of first having obtained your home state permit before you can receive a UT permit.

    NV (another state with an expensive permit) changed its own laws requiring NV residents to have a NV permit. We will only recognize the out-of-state permits (of the ones we do recognize) if you are not a NV resident.

    These laws can get complicated.
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  9. #9
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    Quote Originally Posted by MAC702 View Post
    AZ, like NV and UT, doesn't have a "non-resident" permit. It's just the same permit, but has your out-of-state address on it.
    And Texas is exactly the same way: one license, and the address on it is wherever you happen to live.

  10. #10
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    Quote Originally Posted by thirdbrother View Post
    I am sure this is already on here but I can not find the answer to my question. I have researched and read all I can find on this topic. I read a Texas AG opinion that says if there is a reciprocity agreement or a unilateral proclamation by Texas with a state and a person obtains a concealed carry permit legally and the permit is valid in the state that issued it than Texas will honor said permit. Now, I can not find this opinion again and I do not remember where or how I found it, the Texas AG website is very difficult to find opinions on, you have to have the wording exactly correct and I just cannot find the correct arrangement of words.
    OK, I am going on too long here, I'll get to the point, I have heard mixed opinions and even heard one law enforcement officer say that Texas does not honor a non resident license in Texas the holder of said license is a Texas resident. My question here is, I am a Texas resident with an Arizona CHL, is it valid in Texas? Where can I find the authority of this either way. I would like to see this AG opinion again so I can print it out. All I can find says that Texas will honor my AZ CHL but I would like to have it in black and white just in case I come across an uninformed law inforcement officer. Just so you know I am worried about this because my daughters boyfriend was almost arrested for carrying his handgun in his car. The law enforcement officer told him he was misinformed and could not carry a handgun in his car, he plead with the officer to double check with his superiors after the officer hand handcuffed him, read him his rights, informed him he was under arrest for unlawful carrying of a weapon and placed him in the back of the patrol car. The officer searched his car and then a supervisor showed up, the officer let him go and told him he was lucky that he was not going to arrest him. So, seeing that there are some very uninformed officers here in Texas I hope you can understand my concern. Oh, and by the way, this was not in a small town, it was in Waco Texas that this happened.

    Thank you for your time and I look forward to seeing what everyone says about this but please remember, this is about the non resident CHL not the uninformed in Waco.
    i drive a truck for living, live in tx,have fl cwl with tx adress on it , been stopped in tx several times ,had no problems, ..states that don't honor non residents cwl mostly will have some form of open carry ie colorado, so covered in those. but if i can't carry in their state ,they don't need my freight. and i do just fine without them.
    Our ancesters, veterens, and people of the service gave and are giving their time and sacrifice to preserve and defend our rights . it''s up to us the people to show appreciation by not sacrificing but investing time to exercise and preserve those rights.......the bushwacker...

  11. #11
    Regular Member zekester's Avatar
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    Now I am Concerned

    I just moved from Missouri, I have a Florida CCW permit...now what?
    GOD gave me rights!!!....The Constitutuion just confirms it!!

  12. #12
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    Texas Resident with a Non-Resident CHL

    Until/unless some recently proposed legislation passes, it is legal for residents with non-resident concealed carry permits to carry here if there is reciprocity or other recognition with the permitting state.

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