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Non-California Permits/Licenses For out of State License/Permit discussion

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  #41  
Old 12-30-2018, 12:38 PM
concealcarrypizza concealcarrypizza is offline
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I think we may be talking about the difference between "may issue" and "shall issue".

In CA, there is discretion involved with the IA. In Texas, it's Shall issue.

A Texan LTC can drink in Nevada while carrying because Texas is shall issue and Texan's behavior in Nevada, as long as they are not breaking any Nevada laws, are not subject to the discretionary rules of an IA like a CA CCW is.

Last edited by concealcarrypizza; 12-30-2018 at 12:42 PM..
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  #42  
Old 12-30-2018, 12:42 PM
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Originally Posted by concealcarrypizza View Post
And I'm telling you that's wrong. Texas LTC cannot carry in bars period anywhere in Texas. Whether you drink or not.

However, if a Texas LTC goes to Nevada, they can enter bars and alcohol establishments. And you are not violating your Texas LTC when you do.
Well, you can always test that by telling them you do that. Maybe take a picture and send them evidence. Texas MAY have a provision that says that you must follow the laws of the state you are in. However, most states with non-resident permits (Utah, Arizona, Florida, etc) do not have that provision meaning if you violate the rules of the permit, you may be subject to losing your permit after going through due process.

As far as California goes (since you brought it up earlier), they can revoke your permit at any time with or without cause.

A very similar scenario was actually given by the instructor from Utah BCI when I took my Utah instructor class.

All I will say is good luck to you.

To everyone else, IF you are using a permit to carry, you generally MUST follow the rules of the state you are in as well as the rules of the state that issued the permit.

Again, the chances of the issuing state finding out are pretty low as long as you did not violate the laws of the state you were in.
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Last edited by Whites of Their Eyes; 12-30-2018 at 12:50 PM.. Reason: add
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  #43  
Old 12-30-2018, 12:44 PM
concealcarrypizza concealcarrypizza is offline
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Originally Posted by Whites of Their Eyes View Post
Well, you can always test that by telling them you do that. Maybe take a picture and send them evidence. Texas MAY have a provision that says that you must follow the laws of the state you are in. However, most states with non-resident permits (Utah, Arizona, Florida, etc) do not have that provision meaning if you violate the rules of the permit, you may be subject to losing your permit after going through due process.
Texas is Shall Issue. As long as you are not breaking any laws, your LTC will not be revoked. And yes, a non-resident Texan LTC is not breaking any laws by drinking (not intoxicated) in NV while carrying.

CA Is May issue. IA's can revoke for any reason. Even if your son missed a 3 pointer to lose a CIF championship game. That means they can revoke for any reason, even if you are not breaking any laws.
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Old 12-30-2018, 12:50 PM
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Originally Posted by concealcarrypizza View Post
Texas is Shall Issue. As long as you are not breaking any laws, your LTC will not be revoked.

CA Is May issue. IA's can revoke for any reason. Even if your son missed a 3 pointer to lose a CIF championship game.
Most shall issue states still have policies and permits can usually be revoked for not following those policies. They have a form of due process to do that.

I am not familiar with Texas LTC rules. Texas MAY have a provision that says you only need to follow the state that you are in. IF that provision is there, then you would be fine. The vast majority of people in California do not have a Texas non-resident permit because the training must be completed in Texas.

However, as I have said numerous times, generally, you need to follow the stricter of the two. If you choose not to do that, that is on you. For your sake, I hope you are right (or they at least do not find out).
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  #45  
Old 12-30-2018, 1:03 PM
concealcarrypizza concealcarrypizza is offline
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Originally Posted by Whites of Their Eyes View Post
Most shall issue states still have policies and permits can usually be revoked for not following those policies. They have a form of due process to do that.

I am not familiar with Texas LTC rules. Texas MAY have a provision that says you only need to follow the state that you are in. IF that provision is there, then you would be fine. The vast majority of people in California do not have a Texas non-resident permit because the training must be completed in Texas.

However, as I have said numerous times, generally, you need to follow the stricter of the two. If you choose not to do that, that is on you. For your sake, I hope you are right (or they at least do not find out).
In Texas, it is illegal for an LTC to carry while intoxicated.. Defined as .08 BAC or inability to be aware and alert in a normal manner (which may differ from person to person. A woman with .04 BAC can be considered intoxicated if they are not alert and aware in a normal manner).

However, in TX, one cannot carry in establishments that generate 51% or more of their sales from alcohol. Carrying in a bar in Texas is a FELONY.

However yes, it is perfectly legal for a Texas LTC to carry into a bar in Nevada. And drink as long as they are not intoxicated. (which is weird to me. Kind of like how you feel when the speed limit says 70 and your used to 60 your whole life)

Last edited by concealcarrypizza; 12-30-2018 at 1:17 PM..
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  #46  
Old 12-30-2018, 1:30 PM
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Interesting patchwork of laws. Texas (or any other state) cannot arrest you for what you do in Nevada for sure. You just have to make sure you are not violating any policies that may allow them to revoke your permit as well.

If Texas says follow Nevada laws in Nevada, you're fine. Most of us in California use either Utah, Arizona, or Florida in Nevada. They have specific policies in place. Arizona actually sends out the policies with the permit. Violating policies could result in your permit getting suspended or revoked

The Texas bar law is interesting. I guess I will not be going to bars when I move there! Haha
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  #47  
Old 12-30-2018, 1:34 PM
concealcarrypizza concealcarrypizza is offline
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Originally Posted by Whites of Their Eyes View Post
The Texas bar law is interesting. I guess I will not be going to bars when I move there! Haha
FELONY!!!

I can't go to bars in CA even while not drinking (even though its legal for a CA CCW)! I've been institutionalized!
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  #48  
Old 12-30-2018, 2:26 PM
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Originally Posted by concealcarrypizza View Post
FELONY!!!

I can't go to bars in CA even while not drinking (even though its legal for a CA CCW)! I've been institutionalized!
Haha, I honestly cannot remember the last time I went to an actual bar. I think it might have been in Utah when I went there for last New Years!
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  #49  
Old 12-30-2018, 2:30 PM
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Since my responses on here have been a little hodgepodge, I feel the need to clarify one thing:

You must ALWAYS follow the LAWS of the state you are in and must ALWAYS follow the POLICIES of the entity that issued the permit you are using to carry.

If the state of issue says to follow the laws of the state to which you travel, then that is what you do. If they make no distinction, follow the stricter of the two.

Laws can get you arrested, convicted, etc. Policies may be able to mean action against your CCW, depending on the state.
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