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March 28, 2012, 04:49 PM | #1 |
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CCW Licensed in Oklahoma, Moved to TX
Hello all, I just spent all the money for my CCW in Oklahoma, then had a bit of a surprise move to TX. I am going to be a TX resident. Now, I know that TX and OK have a reciprocity agreement, but I can't find anything regarding the validity of my license. The OSBI website says that Oklahoma doesn't ISSUE out of state licenses, but nowhere in law, or even the FAQ on their site, has anything about what happens if I was issued as a Resident, but move. Does anyone have a definitive answer on this or can help me find my answer?
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March 28, 2012, 05:38 PM | #2 |
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I cannot say I have a definitive answer but I can say that often this stuff is not covered by the laws. The people writing these rules don't think of these unusual circumstance until it happens and then look dumbfounded when you bring it to their attention.
I would suggest getting a Texas license. Since you are no longer an Oklahoma resident, your Oklahoma permit may be considered invalid if they do not issue to nonresidents. Or the reciprocity with Texas may not be valid if you are not an Oklahoma resident anymore (some states will only allow reciprocity to permits issued to residents of the reciprocal state). Or you may be grandfathered in. Or no one will care or notice. CCW permits don't get much attention, compared to drivers licenses. Just can't say. Once you have the Texas license, though, you'll be back to having reciprocity with your old state. If Oklahoma does not require you to surrender your permit when you move, I would just keep it and carry it with a Texas permit. The other thing you could do is join a local Texas/OK firearms forum. They are likely to have a better answer than any law enforcement or permit issuing agency- which are often clueless when it comes to law... |
March 28, 2012, 06:33 PM | #3 |
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Only thing I can say to that is I did verify that TX has reciprocity agreements with states that issue out of state licenses, so I would be good with TX.
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March 29, 2012, 03:39 AM | #4 |
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I don't think you are on very solid ground trying to use your Oklahoma CCW once you have a Texas Drivers License.
Imagine how that could complicate your defense if you ever had to use your weapon.
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March 29, 2012, 09:07 AM | #5 | |
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March 30, 2012, 10:58 AM | #6 | ||||
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If the OP's Oklahoma permit is invalid once he is no longer a resident of Oklahoma......it doesn't matter if he can prove he applied for a Texas CHL. If he gets caught carrying a concealed firearm without a valid permit he will be arrested.
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March 30, 2012, 11:05 AM | #7 |
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Actually Oklahoma's SDA says you have a certain amount of time to have get a new one due to change of address. And if you are not in Oklahoma then I am sure yours would not be valid.
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March 30, 2012, 05:13 PM | #8 | |
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April 1, 2012, 06:35 AM | #9 | ||||||
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There are a lot of pointless comments here. The OP asked a question. I, among others, gave nebulous advice. No one has yet pointed to the law. In general, we all *think* his OK permit is now invalid. But we can only guess. He could call up the state attorney general for OK and find out this has happened before and they grandfather people in until the permit expires. But we all suspect not. But our suspicion is just that. No one here has come up with the answer. |
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April 1, 2012, 08:25 AM | #10 | |||
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April 1, 2012, 10:41 AM | #11 | |
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In 20/20 hindsight, that was one of the more stupid things I've posted.
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April 2, 2012, 02:43 PM | #12 |
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As soon as you become a resident of another state your reciprocity most likely ends just like your permit ends.
Unlike driver's ;licenses that states have policies about how long you have to change to the new state, carry permits are not at this level of reciprocity. You move, it most likely dies. But you can always pick up a charge for carrying a concealed weapon without a permit and see how that goes for you. A new permit should be much less expensive. |
April 3, 2012, 07:17 AM | #13 | |
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So the answer is still not forthcoming and the OP should definitely contact the Oklahoma authorities and begin the process to get a Texas CCW. Or he could just send in the change of address and see what OK does. They may send him a nice little letter saying his permit is revoked... which will then be his answer. |
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April 3, 2012, 07:29 AM | #14 |
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Its rather simple. If OP becomes a Texan, he must have a CCW issued by Texas. Reciprocity applies to visitors and not residents.
Now, if OP maintains his legal residence in OK and goes home for the weekend (or crosses the border everyday to go to work), I'd argue that OP is an Okie who is employed in Texas and commutes daily. However, this does not seem to be the case. Last, I doubt if OK will license out of staters to have an OK CCW. A jurisdiction in CA (Locke) was issuing CCWs for a price. It was the town's way of fundraising. That didn't go over very well and once caught, the town had to abandon that novel practice of revenue generation.
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April 3, 2012, 07:57 PM | #15 | |
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April 3, 2012, 08:08 PM | #16 |
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Here in WA it doesn't matter, put in your change of address and your WA CPL is still good, anywhere that it is recognized, and always in WA.
It is possible that OK does not ISSUE an out of state permit, but that does not necessarily mean that you OK CPL is invalid once you move. Even a NY permit is valid after you move out of state with teh change of address and NY does not issue out of state permits either.. Anyway, the OK SDA statute does not state that the permit become invalid, and OK law is what we need to concentrate on as TX does acknowledge non-resident out of state permits so, TX is not the problem. IMHO: I would send in a change of address to OK and see what happens...bet they just send an updated permit...Any takers? There is nothing in the SDA that says they cannot/should not. |
April 3, 2012, 08:38 PM | #17 |
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Finally, someone who gets it... Thanks for talking sense hermannr
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April 4, 2012, 03:01 PM | #18 | |
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In NY for carry? That would depend solely on NY law. The OP wants to know if Texas will recognize his OK permit when he is now a resident of Texas. That is likely to depend on BOTH states law's. OK can void the permit since he is no longer a resident. TX can refuse to recognize an out of state permit presented by what os now a Texas resident. You can try asking the Attorneys General of each state what they think (they may not bother answering though since they do NOT owe you legal advice), try reading the statutes yourself (and maybe any case law you can find), or pay an attorney to check the statutes and maybe ask the AGs for an opinion. An AG is far more likely to respond to another attorney than a citizen. The attorney will understand how to word the question as an ambiguity that needs an answer. + Last edited by brickeyee; April 5, 2012 at 01:45 PM. |
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April 4, 2012, 08:44 PM | #19 | |
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Anyway I agree its a good idea to get in touch with the DOJ of both OK and TX and find out just what the situation will be.
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April 4, 2012, 09:55 PM | #20 | |
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Considering that the state is New York, this seems extremely UNlikely. It's easy to make the statement, but what documentation do you have to support the statement? |
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April 5, 2012, 08:53 AM | #21 | ||||||
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Funny, not a single news article regarding drivers licenses. Quote:
Texas firearm laws are a very complex assortment of regulations from the criminal, family, health & safety and other sections of state law. Reading only a portion does not give you. Quote:
Oklahoma doesn't have jurisdiction. A TEXAS police officer, a TEXAS DA, a TEXAS jury, and a TEXAS judge will decide if a TEXAS resident holding an Oklahoma permit is carrying legally while in Texas.
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April 5, 2012, 09:22 AM | #22 | ||
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This comes up at times on this forum, just involving other states each time...
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While I know you want to be able to carry until you get your TX permit, I would advise you to start the process for your TX permit as soon as you are eligible. Trying to stretch the law to meet your needs, or look for a grey area to sneak by is not the proper thing to do. |
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April 5, 2012, 11:10 AM | #23 |
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one key issue; you have to be a resident of Texas for six months before you can apply for a CHL ... And to correct something Dogtown said, Texas law doesn't require that you tell an office you are a CHL holder if you are NOT armed. If you're carrying, you must advise .... your CHL comes up on a Texas officer's computer screen when he runs your DL in any case ...
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April 5, 2012, 11:27 AM | #24 | |
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Trying to get by with an out of state, resident only carry permit, until you obtain your permit in TX would not be the wise move to me. |
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April 5, 2012, 12:09 PM | #25 |
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Check the laws of both states. I would make no assumptions.
In my case, my old GA permit is no longer valid, since I moved and GA does not do non-resident permits. OTOH, my older FL permit is fine until this September. I notified FL authorities when I moved to GA, and was told my permit would automatically become non-resident, with no need to change the physical card. Meanwhile, I've moved from GA to MO. I've already done the course, and been fingerprinted and initiated paperwork at my local Sheriff's Department. But MO recognizes non-resident permits, and my FL is valid for now while I wait for the MO to arrive. Last I looked, PA also recognizes non-res permits in PA resident hands, which is a way for Philadelphia residents to bypass the "City of the First Class" exemption the city won from PA's "shall-issue." |
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