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Thread: out of state non resident permits

  1. #1
    Regular Member Glock 1st fan's Avatar
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    out of state non resident permits

    I really appreciate all the work OCT did for getting open carry passed and its my hopes they will unite and try to get Oklahoma and Texas constitutional carry. We really need a good org here and it would be great to have help getting it passed here.

    With that in mind I have to ask though as I have heard getting a Texas permit can be tricky as minor infractions can block an applicant from getting their permit. So does anyone who got blocked by a Texas permit restriction find it easier to get a non resident permit and carry in Texas?
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    Campaign Veteran skidmark's Avatar
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    https://www.txdps.state.tx.us/Intern...rms/CHL-16.pdf

    I can't figure out if they will allow a Texas resident to use another state's non-resident CHL.

    I'm not aware (does not mean they don't exist) of any states that allow residents to carry on another state's non-resident permit/license.

    stay safe.
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    Quote Originally Posted by skidmark View Post
    I'm not aware (does not mean they don't exist) of any states that allow residents to carry on another state's non-resident permit/license.
    Utah does. Not through explicitly allowing it, but nothing prohibits it.

    Any (non-prohibited) person holding a valid permit, issued anywhere in the nation, enjoys the full benefits of a permit under Utah law. Makes no difference to Utah law whether the permit is issued in Utah, or by Illinois (as if), Maine, etc. Makes no difference whether the person is a Utah resident, a resident of the State issuing the permit, or a resident of some other State. A valid permit is a valid permit in Utah.

    Of course, we must remember that under federal law, which State has issued the permit matters for purposes of federal GFSZ laws.

    Now, if we can just convince our governor (or his replacement) to drop the requirements for a permit (while keeping the permit process in place for those who want or need carry into GFSZs, in States that require a permit, etc).

    Charles
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    Campaign Veteran skidmark's Avatar
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    Thanks, Charles, for the update on Utah. Now all the OP needs to do is figure out if the same applies to Texas.

    stay safe.
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    Here is the TX DPS official site regarding reciprocal agreements:
    http://www.txdps.state.tx.us/RSD/CHL/legal/reciprocity/


    In using the above, you can look at each state to see what type of agreement they have (reciprocal or unilateral), and in many cases they have the actual agreement linked. Those are interesting as some have language that specifically address non-resident vs resident permits.

    However, I have found nothing that does in fact with certainty answer the OP question, but didn't find anything that prohibited it. I think that an obvious question is to ask which state we're talking about so that the specific agreement says anything that may shed a light. The original poster may need to call DPS and ask them directly.
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    I've heard of many people living in Texas getting licenses from other states so they wouldn't be dealing with the extreme Texas class and fee requirements, etc. I think I've heard Arizona, Virginia, Florida being used...

    In fact, I think this past session a representative tried to amend the open carry law to prohibit using non-resident permits.
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    Quote Originally Posted by stealthyeliminator View Post
    I've heard of many people living in Texas getting licenses from other states so they wouldn't be dealing with the extreme Texas class and fee requirements, etc. I think I've heard Arizona, Virginia, Florida being used...

    In fact, I think this past session a representative tried to amend the open carry law to prohibit using non-resident permits.
    f

    Too lazy to wade through all the amendments to find it, but believe you are correct as I seem to recall in the middle of all the mind numbing legislative discussions that particular issue being discussed. Don't recall why the amendment wasn't adopted though.
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    Texas recognizes all non-resident permits from states where it recognizes resident permits. If a state (that Texas recognizes) offers non-resident permits, you're good. You could be in North Dakota and get a non-resident permit from Virginia and be good in Texas + 27 other states.

    https://onlinecarryclass.com

    I know CJ Grisham was found guilty of a class B misdemeanor which equals a revoked CHL for 5 years in Texas. He just got a non-resident permit from another state since Texas is the only one that revokes for class B.

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    Quote Originally Posted by skidmark View Post
    https://www.txdps.state.tx.us/Intern...rms/CHL-16.pdf

    I can't figure out if they will allow a Texas resident to use another state's non-resident CHL.

    I'm not aware (does not mean they don't exist) of any states that allow residents to carry on another state's non-resident permit/license.

    stay safe.
    I have had a florida permit for over ten years that has always had my tx address on it , and it has always been honored in tx but wont be in south Carolina Colorado an two other states of which one is florida ... however florida can't really deny me because they issued it to me , I really don't get how a state can honor other states permit unless they are not a resident of the issuing state, its like saying yes we will honor floirda permits as long as they are from florida but nonresidents we don't honor because they would be to stupid to understand the teachings of florida ...but if you live in florida then suddenly you are smart enough ...... we really know it is a money thing . glad there is just four that do this ....fliorda was used as an example
    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...

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    Regular Member ()pen(arry's Avatar
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    Washington State has no concept of resident or non-resident permit. There is only a Concealed Pistol License issued by Washington State. If a state honors a Concealed Pistol License issued by Washington State, then it honors a Concealed Pistol License issued by Washington State.

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    Quote Originally Posted by skidmark View Post
    https://www.txdps.state.tx.us/Intern...rms/CHL-16.pdf

    I can't figure out if they will allow a Texas resident to use another state's non-resident CHL.

    I'm not aware (does not mean they don't exist) of any states that allow residents to carry on another state's non-resident permit/license.

    stay safe.
    Actually, it's quite common. I carry in Washington on a non-resident Utah permit, as they don't recognize my resident Nevada permit.

    I've not looked into Texas because they do recognize my Nevada permit.

    However, Utah will not issue their permit to a Texan without proof that they have already obtained their Texas permit. Other states might, though.
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  12. #12
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by MAC702 View Post
    Actually, it's quite common. I carry in Washington on a non-resident Utah permit, as they don't recognize my resident Nevada permit.

    I've not looked into Texas because they do recognize my Nevada permit.

    However, Utah will not issue their permit to a Texan without proof that they have already obtained their Texas permit. Other states might, though.
    I fear you are missing the point.

    Being a resident of NV, will NV recognize you carrying in NV with a non-resident permit from some place that is not NV?

    stay safe.
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    Quote Originally Posted by skidmark View Post
    I fear you are missing the point.

    Being a resident of NV, will NV recognize you carrying in NV with a non-resident permit from some place that is not NV?
    I can't answer for NV or TX, but as an Ohio resident I am legally able to carry in Ohio on a non-resident license from any state with which Ohio has a written reciprocal agreement. It's even spelled out in the Ohio Revised Code:

    http://codes.ohio.gov/orc/109.69

    (B)

    (1) If, on or after the effective date of this amendment, a person who is a resident of this state has a valid concealed handgun license that was issued by another license-issuing state that has entered into a reciprocity agreement with the attorney general under division (A)(1) of this section or the attorney general determines that the eligibility requirements imposed by that license-issuing state for that license are substantially comparable to the eligibility requirements for a concealed handgun license issued under section 2923.125 of the Revised Code, the license issued by the other license-issuing state shall be recognized in this state, shall be accepted and valid in this state, and grants the person the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under section 2923.125 of the Revised Code.
    So, for example since Ohio has a written reciprocal agreement with VA, were I to acquire a VA non-resident license I would legally be able to carry on that license here in Ohio.
    Last edited by JustaShooter; 06-19-2015 at 09:12 PM.
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  14. #14
    Campaign Veteran skidmark's Avatar
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    Now if we could only find something like that regarding Texas so the OP could get an answer to his question.

    stay safe.
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    Because stupidity isn't a race, and everybody can win.

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    Quote Originally Posted by skidmark View Post
    I fear you are missing the point.

    Being a resident of NV, will NV recognize you carrying in NV with a non-resident permit from some place that is not NV?

    stay safe.
    yes nevada will recognize nonresident as long as their permit is from their home state . they do not recognize my florida permit with me residing in tx even tho my tx address is on the permit ..however I still get to open carry in Nevada seeing how you don't need a permit to open carry there.
    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...

  16. #16
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    Quote Originally Posted by skidmark View Post
    I fear you are missing the point.

    Being a resident of NV, will NV recognize you carrying in NV with a non-resident permit from some place that is not NV?

    stay safe.
    Yes, I did miss your question. Up until a few years ago, yes, but Nevada now has a law that a Nevada resident must have a Nevada permit.

    Texas does not have such a law, which is why they complained about their residents carrying under Utah's permits. Utah then proactively required non-residents to show proof of their home state's permit (if it recognized UT's permit).

    Texas was the big complainant, but UT saw the handwriting on the wall, and did their law to help keep UT permits from becoming not recognized.
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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by bushwacker View Post
    yes nevada will recognize nonresident as long as their permit is from their home state . they do not recognize my florida permit with me residing in tx even tho my tx address is on the permit ..however I still get to open carry in Nevada seeing how you don't need a permit to open carry there.
    Nevada does not care at all what your residency is, just whether or not we recognize the permit itself.

    We don't recognize FL permits at all.
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  18. #18
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    Quote Originally Posted by skidmark View Post
    Thanks, Charles, for the update on Utah. Now all the OP needs to do is figure out if the same applies to Texas.
    I can't cite any specific Texas statute--and there has been plenty of time for laws to change--BUT, it was the issue of Texas residents getting Utah permits rather than Texas permits for carrying in Texas (at the suggestion of some Texas instructors) that lead to Texas threatening to drop recognition of Utah. Unlike some other States, Texas was quite open about the reason.

    This lead to the change in Utah permits where we now require residents of States that recognize a Utah permit to first get their home-State permit in order to be eligible for a Utah permit. That change in Utah law kept Texas from dropping recognition of the Utah permit. We haven't lost recognition of any States since then, I believe.

    So while I can't provide a cite, I strongly believe Texas does allow its residents to carry pursuant to a permit issued by another State....or at least they did a couple of years back.

    Whether this was by explicit allowance, or simply not prohibition (similar to Utah law), I do not know.

    Charles
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  19. #19
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    According to the reciprocity agreement between Utah and Texas, Texas recognizes Utah concealed firearm permits. The wording of the agreement says that they recognize each others' non-resident permits/licenses, but I think that wording is intended to say that each state recognizes the other state's permits for persons who are not residents of the recognizing state. That is, it seems to say Texas recognizes Utah permits for people who do not reside in Texas. The agreement is poorly worded.

    A look over several other agreements, Texas seems to be accepting ALL licenses and permits issued in reciprocal states, while some of those states only recognize resident permits issued in Texas. This would seem to confirm that, possibly with some exceptions, Texas recognizes permits and licenses issued by other states to Texas residents.

    The 83rd legislature declined to pass legislation that would have required Texas residents to have a Texas resident CHL to carry. (83rd SB481 and HB383)

  20. #20
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    Quote Originally Posted by nonameisgood View Post
    According to the reciprocity agreement between Utah and Texas, Texas recognizes Utah concealed firearm permits. The wording of the agreement says that they recognize each others' non-resident permits/licenses, but I think that wording is intended to say that each state recognizes the other state's permits for persons who are not residents of the recognizing state. That is, it seems to say Texas recognizes Utah permits for people who do not reside in Texas. The agreement is poorly worded.
    I know Utah recognizes permits from other States even if held by a Utah resident.

    Recognizing resident vs non-resident generally means just that. For example, Colorado will recognize a Utah permit held by a Utah resident, but not held by a non-Utah-resident. Of course, that means a Colorado resident holding a Utah permit can't carry in Colorado on that permit any more than a New Mexico resident holding a Utah (non-resident) permit could carry in Colorado pursuant to his permit.

    Prior to passing Constitutional carry, I believe Arizona had a provision that its residents could only CC pursuant to an Arizona permit. This was the preferred approach (from my perspective) for States that were worried about their residents getting a Utah permit rather than a home State permit. But since I have very little ability to influence other States' legislatures, we made the change in Utah permit requirements to avoid the "problem" and prevent loss of recognition.

    Obviously, nationwide constitutional carry is much needed so we can drop the entire permission permit to exercise a constitutional right. But until then...

    Quote Originally Posted by nonameisgood View Post
    The 83rd legislature declined to pass legislation that would have required Texas residents to have a Texas resident CHL to carry. (83rd SB481 and HB383)
    That lends very strong evidence that Texas recognizes out-of-State permits held by Texan residents.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

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    "Communism and Anarchy [are], a necessary complement to one another. "
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  21. #21
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    Yes. There is no rule and no prohibition in Texas law to a resident of Texas obtaining an out of state, non-resident permit/license and carrying in Texas if there is a reciprocal agreement with the state of licensure. Texas does recognize non-resident licenses and permits from reciprocating states (and some by unilateral proclamation where the other state doesn't recognize a Texas license.)


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