texas CHL or not Question!

[dpmac83]

If i want to carry my handgun when i walk my dog at night do i need t have my CHL to do so?? I am in the DFW area of texas. Please help?

 

[lsxpower]

yes, you need a chl, unless you are on your own property.

 

[dpmac83]

ok thanks lsxpower, good to know! I live in an apt, however i have a big dog and there is an open field across the street where she can run around. I don't get home until 10:30 and all the lights are off by then so i was wondering if i could just bring my gun with me for safety's sake. Guess i will just have to rely on the dog to ward off "problems". Thanks for the help!

 

[38-44HD45]

lsx is correct. Of course, since vehicular carry without a CHL is now legal, I guess you could just hold the leash out the window of your vehicle and let the dog run alongside, as long as your gun was concealed inside your vehicle; of course, you'd need to be sure that you were not within 1000 feet of a school.... Yeah, get your CHL!

 

[Butchbird]

The things you will learn in a CHL class can save you a lot of grief later on -- What you learn is worth the cost even if you don't choose to carry

 

[dpmac83]

I am planning on it but I am not eligible yet, past run in's with the law. Alcohol related! I think i have 1 more year to wait but not entirely sure. When i do get my CHL I will have to buy more guns!!!

 

[Rafter-S]

Since I have been a CHL holder in Texas from the very beginning of the license, here are some things that we learned in the original classroom part of the course that apply to this thread:

1. A Concealed Handgun License (CHL) in Texas only allows the holder to CARRY a concealed handgun legally. It gives the licensee no more right to APPLY DEADLY FORCE than someone who does not have the CHL. Many who don't understand the process get the idea that the license deputizes them to some degree, or gives them extended rights to "deal" with bad people. SUCH IS NOT THE CASE.

2. Avoid areas that are high risk for conflict, such as walking dogs late at night, in remote areas, in bad parts of town. Armed or not, those areas are to be avoided.

3. Always be aware of what is going on around you, i.e. keep your head up and be alert. Bad guys are looking for those people who appear distracted or inattentive, and use the element of surprise to their advantage. Or put another way, if you act like food you will be eaten. When you walk across the parking lot at Walmart, or walk out the door of a restaurant, keep scanning around you, including glancing back ever so often. Bad guys notice that and will move on to easier prey.

4. Avoid escillating a conflict. If someone shouts at you, speak softly in return (or if possible, don't speak at all--let them vent). If they push you, don't push back. If they attack you, leave.

5. The LAST THING you ever want to do is introduce a deadly weapon into a conflict. If you do, it must be the very last resort--your life is being threatened. And when you do shoot someone, no matter if he is the town bully, your life has just changed forever...and not for the better. You will woe the day it happened.

Hope this helps.

Rafter-S

 

[Kapuna]

The LAST THING you ever want to do is introduce a deadly weapon into a conflict. If you do, it must be the very last resort--your life is being threatened. And when you do shoot someone, no matter if he is the town bully, your life has just changed forever...and not for the better. You will woe the day it happened.

Hope this helps.

Rafter-S

Thanks Rafter-S...

It always helpful to read the bottom line....
If you shoot, life as you know it will change...

Kapuna

 

[wheelinthesky]

Since I have been a CHL holder in Texas from the very beginning of the license, here are some things that we learned in the original classroom part of the course that apply to this thread:

1. A Concealed Handgun License (CHL) in Texas only allows the holder to CARRY a concealed handgun legally. It gives the licensee no more right to APPLY DEADLY FORCE than someone who does not have the CHL. Many who don't understand the process get the idea that the license deputizes them to some degree, or gives them extended rights to "deal" with bad people. SUCH IS NOT THE CASE.

2. Avoid areas that are high risk for conflict, such as walking dogs late at night, in remote areas, in bad parts of town. Armed or not, those areas are to be avoided.

3. Always be aware of what is going on around you, i.e. keep your head up and be alert. Bad guys are looking for those people who appear distracted or inattentive, and use the element of surprise to their advantage. Or put another way, if you act like food you will be eaten. When you walk across the parking lot at Walmart, or walk out the door of a restaurant, keep scanning around you, including glancing back ever so often. Bad guys notice that and will move on to easier prey.

4. Avoid escillating a conflict. If someone shouts at you, speak softly in return (or if possible, don't speak at all--let them vent). If they push you, don't push back. If they attack you, leave.

5. The LAST THING you ever want to do is introduce a deadly weapon into a conflict. If you do, it must be the very last resort--your life is being threatened. And when you do shoot someone, no matter if he is the town bully, your life has just changed forever...and not for the better. You will woe the day it happened.

Hope this helps.

Rafter-S

+1 Always good to reiterate this..

 

[gunjunkie]

I would rather be judged by 12 than carried by 6.

 

[myanof]

yes, you need a chl, unless you are on your own property.

Bingo, that is correct.

 

[jcummings01]

lsx is correct. Of course, since vehicular carry without a CHL is now legal...

Can you clarify this? I have a buddy who is Conroe PD, and he said it's not legal, but that it would hold up in court since we have the right to defend our property. He said without a CHL, you still have to have the gun out of arms reach and unloaded (no mag in the gun). Has this changed? Thanks for the help!

 

[loubob608]

Can you clarify this? I have a buddy who is Conroe PD, and he said it's not legal, but that it would hold up in court since we have the right to defend our property. He said without a CHL, you still have to have the gun out of arms reach and unloaded (no mag in the gun). Has this changed? Thanks for the help!

Straight out of the Texas Penal Code:

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (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.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

It doesn't say anything about being unloaded or within an arms reach. What I do find amusing is that, acording to the way its written, a person can carry dirrectly to a motor vehicle but not away from one.

 

[jcummings01]

loubob608 :

So if I'm understanding this correct, I can carry the gun in my car without a CHL, as long as it is hidden...i.e. under my seat, in a safe, or in the glove compartment? Just making sure I am reading this correctly. Thanks again for the help!

 

[loubob608]

loubob608 :

So if I'm understanding this correct, I can carry the gun in my car without a CHL, as long as it is hidden...i.e. under my seat, in a safe, or in the glove compartment? Just making sure I am reading this correctly. Thanks again for the help!

The way I interpret it is if you are in your vehicle or a vehicle under your control (driving--not a passenger--not in a bus, taxi, etc), the handgun is not readily visible, and you are not breaking the law (Officer, I know there is 5 lbs of dope in the trunk but my handgun is concealed. not a convicted felon, not under a protective order) you are good.

Texas UCW law has been changed a couple of times in the last 2 or 3 legislative sessions after remaining unchanged for many years. What the legs have tried to do the last two changes is incorporate the "traveling" exception. It used to say if you were traveling it was a defense to prosecution and then changed to an exception to the law but there was no definition of traveling. A few more tweeks and I think they will have it right.

 

[jcummings01]

The way I interpret it is if you are in your vehicle or a vehicle under your control (driving--not a passenger--not in a bus, taxi, etc), the handgun is not readily visible, and you are not breaking the law (Officer, I know there is 5 lbs of dope in the trunk but my handgun is concealed. not a convicted felon, not under a protective order) you are good.

Texas UCW law has been changed a couple of times in the last 2 or 3 legislative sessions after remaining unchanged for many years. What the legs have tried to do the last two changes is incorporate the "traveling" exception. It used to say if you were traveling it was a defense to prosecution and then changed to an exception to the law but there was no definition of traveling. A few more tweeks and I think they will have it right.

Really appreciate the help! Thanks!

 

[Xfuzz]

Rafter...Re: number 4

Your funnin us right ?....they attack and I should leave ??..not likely.

 

[Big Foot]

I would rather be judged by 12 than carried by 6.

Having just moved from NM to AZ, I think the Arizona legislature might be thinking along the same lines. I hear that there is a move to allow anyone to CC in the state...I'm all for gun rights, but knowing the value of the CC course I undertook, I'm not sure this is the right way to go...AZ already has OC, but everyone? Anyway, I understand that I can carry in restaurant-bars that serve liquor by the drink. I never liked the idea of leaving my weapon in the car...

 

[38-44HD45]

I've not read all the previous posts, and I'm late responding, but I see some confusion. NOTE: This is not legal advice, even though I'm a lawyer and a Texas CHL Instructor. Ask your own lawyer if you have questions, or contact me and send a retainer check, and we'll talk.

Here's the current state of the law of vehicular carry in Texas, for non-CHL holders: You can carry concealed in the car, if you are the driver, and there has never been a distinction between loaded and unloaded in TX law, so load it! (There is an unanswered question as to whether a person who owns the car, and therefore controls its use, can ride as a passenger and carry with someone else driving. You don't want to be the test case. Get a CHL.) "Carry" means within "lunge and grab" distance, so you might as well holster it. It matters not whether the carry is on or off-person, you just can't be committing some other crime or be a member of a street gang.

Yes, it is legal to carry the gun to and from your vehicle, or someone else's, although wandering around along the way could get you in trouble. (Might beat the rap, but not the ride.) Get a CHL.

HOWEVER, without a CHL, you are in violation of federal law if you are within 1000 feet of the perimeter of a school's property, unless the gun is unloaded and in a locked compartment, UNLESS you are on private property that you own or where you have a right to be. In many Texas towns and cities, it is virtually impossible to be on a street and NOT be within 1000 feet of a school zone. Get a CHL.

 

[jcummings01]

I've not read all the previous posts, and I'm late responding, but I see some confusion. NOTE: This is not legal advice, even though I'm a lawyer and a Texas CHL Instructor. Ask your own lawyer if you have questions, or contact me and send a retainer check, and we'll talk.

Here's the current state of the law of vehicular carry in Texas, for non-CHL holders: You can carry concealed in the car, if you are the driver, and there has never been a distinction between loaded and unloaded in TX law, so load it! (There is an unanswered question as to whether a person who owns the car, and therefore controls its use, can ride as a passenger and carry with someone else driving. You don't want to be the test case. Get a CHL.) "Carry" means within "lunge and grab" distance, so you might as well holster it. It matters not whether the carry is on or off-person, you just can't be comitting some other crime or be a member of a street gang.

Yes, it is legal to carry the gun to and from your vehicle, or someone else's, although wandering around along the way could get you in trouble. (Might beat the rap, but not the ride.) Get a CHL.

HOWEVER, without a CHL, you are in violation of federal law if you are within 1000 feet of the perimeter of a school's property, unless the gun is unloaded and in a locked compartment, UNLESS you are on private property that you own or where you have a right to be. In many Texas towns and cities, it is virtually impossible to be on a street and NOT be within 1000 feet of a school zone. Get a CHL.

Great advice! Thanks!!!