Search found 5 matches

by WildRose
Fri Sep 14, 2018 1:34 am
Forum: General Texas CHL Discussion
Topic: Carry rules for non CHL citizens
Replies: 53
Views: 3549

Re: Carry rules for non CHL citizens

apostate wrote:
Thu Sep 13, 2018 10:32 pm
I don't consider Giffords a credible source for anything related to firearms. YMMV
Can you show the quoted statement from their site to be false?
by WildRose
Thu Sep 13, 2018 9:35 pm
Forum: General Texas CHL Discussion
Topic: Carry rules for non CHL citizens
Replies: 53
Views: 3549

Re: Carry rules for non CHL citizens

NJ_Expat wrote:
Thu Sep 13, 2018 9:22 pm
C-dub wrote:
Thu Sep 13, 2018 8:27 pm
NJ_Expat wrote:
Wed Sep 12, 2018 8:54 am
Without an LTC, you can have a loaded handgun in your vehicle if:
-The gun is NOT on your person FALSE
-The gun is concealed from view with all four of the vehicle's doors open FALSE - no open door requirement

Therefore, keeping the gun in the glove box or a bag is totally legal. Even keeping it on the passenger seat with a rag over it is technically legal (not recommended, obviously).

You cannot get out of your vehicle with a concealed handgun on your person. TRUE - except if you are coming to or from your residence or place of business

I understand the logic of "judged by 12, not carried by 6" in the defense of your family, but ending up in the county jail or state prison with a sh*tload of fines, legal fees, and a criminal record isn't exactly doing a service to your family, either. Be smart. Spend the money (it's chump change) and get your LTC. Even though the course is required, the education you receive is absolutely crucial and invaluable.
Colored text added by me. I have this nagging feeling that I'm forgetting something that is going to come back and bite me, but I can't figure it out yet.
If I'm indeed incorrect, regarding the possession of a loaded handgun in a vehicle, then I apologize. I'm reiterating what was explained to me by the instructor in my LTC course. I have read that "Texas generally prohibits intentionally, knowingly, or recklessly carrying a handgun in plain view in a motor vehicle or watercraft, except by handgun license holders carrying the handgun in a shoulder or belt holster." - http://lawcenter.giffords.org/guns-in-v ... -in-texas/
None of us is perfect and if this site serves a good purpose at all it is that it gives us all a chance to learn.
by WildRose
Thu Sep 13, 2018 4:37 pm
Forum: General Texas CHL Discussion
Topic: Carry rules for non CHL citizens
Replies: 53
Views: 3549

Re: Carry rules for non CHL citizens

Winston wrote:
Fri Sep 07, 2018 8:39 pm
Hi everyone. I'm new to the site and don't have a license to carry. There has been some situations that I'm not sure about whether or not I'm following the law 100% by carrying my pistol and wanted to clear up some questions about these situations. I usually keep a loaded gun in the glove box of my vehicle and sometimes I'll keep it in a man purse style bag that will hang off of my vehicles passenger seat. It's a Maxpedition bag that has a built in holster inside of a quick access compartment. I can access it fairly easy and sometimes prefer it there rather than in my glove box. I will try to upload some photos so you guys can see what I'm talking about. Anyhow this is mainly the way I carry a gun back and forth from my home and place of business. It mainly stays in my glove box or the bag but sometimes I feel the need to keep it on my person. I've been doing it this way for at least 15 years.

Occasionally I will put the holster on my belt on or even Mexican carry my pistol if I feel that my safety or anyone else's safety is at risk from possible threats. Some situations I've been in have made me feel uneasy about certain people and felt like I needed to have my gun on my person in case something happens. I still won't bring my weapon inside anywhere I'm not allowed (no CHL license) but I will keep it on me if I'm near my vehicle or in front of my home or business.

For example (This happened a week ago): I left my gun inside of my car to go inside of a gas station and pay for gas. Inside of the gas station there were some possible gang members hanging around and I started to feel that I could be in danger. It's that intuition you feel that something could possibly happen like getting assaulted or robbed. So as I'm filling up my gas I got inside of my vehicle and grabbed my gun to keep it on my person while filling up gas. Just in case something does happen! I don't want to have to reach into my glove box or bag if these men tried robbing or assaulting me. Sometimes I'll clearly make it obvious that I'm carrying a weapon to make these possible threats think twice before trying to do anything. This has worked for me most the time because so far I've never been robbed or assaulted after doing this. Maybe I'm just getting lucky? I've had a few minor situations where I've been harassed or bothered but never had anyone try to commit a crime against me since I started carrying a firearm. It's as if my weapon becomes a major deterrent against people who maybe thinking about committing a crime against me or anyone else that I'm with. Most of the time no one knows that I have a weapon on my person but I will sometimes intentionally keep it visible on my person to deter possible threats. Which I did do in this example. Do any of you think that I'm breaking the law or doing something wrong?

I have a lot more questions but will start off with this post. I'm thinking about taking a CHL class soon to get more information but thought I could start here. Thanks!
Let me add. As others have mentioned even where legal open carry of a long gun is gong to do nothing but draw you a quick police response particularly in any urban environment.

In a small town like I live in where everyone is known the chances of ending up in cuffs are pretty slim but in larger jurisdictions you're pretty well guaranteed a trip to jail and some charges made up even if technically you've done nothing unlawful.

There are a lot of very seriously anti open carry jurisdictions in this state that have no problem abusing you to make an example of just because they can.

Try visiting the open carry discussion forum for examples.
by WildRose
Thu Sep 13, 2018 4:24 pm
Forum: General Texas CHL Discussion
Topic: Carry rules for non CHL citizens
Replies: 53
Views: 3549

Re: Carry rules for non CHL citizens

Scott in Houston wrote:
Tue Sep 11, 2018 10:29 pm
Wag2323 wrote:
Mon Sep 10, 2018 9:39 pm
On thing I would like to add about your gas station situation. I understand that we can't control who goes to a place of business at any time but if it's a bad area and you have a choice should avoid these places of business.

Legally carrying or not it's better to just avoid situations you feel might require a gun for protection.

Particularly gas stations don't wait for your tank to be empty and locations to fill up limited.
This is what was jumping out at me. You mentioned being somewhere where you thought there were gang members or felt very unsafe... AND you had family with you...

Situational awareness is arguably as important or more so than carrying any weapon.
If you felt in danger enough to justify illegally carrying, I sure as heck wouldn’t be found there for more than a second after I felt that way whether armed or not. My family and I would be gone... out of there.

And as for carrying a rifle, I love having one in my car, but I really think those that openly carry in public do nothing but harm to those of us who support the 2A. And again, if you’re somewhere that you think you need to openly carry a rifle to be safe... LEAVE.
Great points. Don't enter an area where you feel to have to be armed unless it's absolutely unavoidable period.

Even under license carrying is not an excuse to go looking for trouble or a reason to take unnecessary risks with your life.

In any shooting, even if you are 100% in the right, you can still end up losing everything including your freedom in court if you draw the wrong investigators, DA's, GJ, Judge/Jury.
by WildRose
Thu Sep 13, 2018 4:21 pm
Forum: General Texas CHL Discussion
Topic: Carry rules for non CHL citizens
Replies: 53
Views: 3549

Re: Carry rules for non CHL citizens

Winston wrote:
Fri Sep 07, 2018 8:39 pm
Hi everyone. I'm new to the site and don't have a license to carry. There has been some situations that I'm not sure about whether or not I'm following the law 100% by carrying my pistol and wanted to clear up some questions about these situations. I usually keep a loaded gun in the glove box of my vehicle and sometimes I'll keep it in a man purse style bag that will hang off of my vehicles passenger seat. It's a Maxpedition bag that has a built in holster inside of a quick access compartment. I can access it fairly easy and sometimes prefer it there rather than in my glove box. I will try to upload some photos so you guys can see what I'm talking about. Anyhow this is mainly the way I carry a gun back and forth from my home and place of business. It mainly stays in my glove box or the bag but sometimes I feel the need to keep it on my person. I've been doing it this way for at least 15 years.

Occasionally I will put the holster on my belt on or even Mexican carry my pistol if I feel that my safety or anyone else's safety is at risk from possible threats. Some situations I've been in have made me feel uneasy about certain people and felt like I needed to have my gun on my person in case something happens. I still won't bring my weapon inside anywhere I'm not allowed (no CHL license) but I will keep it on me if I'm near my vehicle or in front of my home or business.

For example (This happened a week ago): I left my gun inside of my car to go inside of a gas station and pay for gas. Inside of the gas station there were some possible gang members hanging around and I started to feel that I could be in danger. It's that intuition you feel that something could possibly happen like getting assaulted or robbed. So as I'm filling up my gas I got inside of my vehicle and grabbed my gun to keep it on my person while filling up gas. Just in case something does happen! I don't want to have to reach into my glove box or bag if these men tried robbing or assaulting me. Sometimes I'll clearly make it obvious that I'm carrying a weapon to make these possible threats think twice before trying to do anything. This has worked for me most the time because so far I've never been robbed or assaulted after doing this. Maybe I'm just getting lucky? I've had a few minor situations where I've been harassed or bothered but never had anyone try to commit a crime against me since I started carrying a firearm. It's as if my weapon becomes a major deterrent against people who maybe thinking about committing a crime against me or anyone else that I'm with. Most of the time no one knows that I have a weapon on my person but I will sometimes intentionally keep it visible on my person to deter possible threats. Which I did do in this example. Do any of you think that I'm breaking the law or doing something wrong?

I have a lot more questions but will start off with this post. I'm thinking about taking a CHL class soon to get more information but thought I could start here. Thanks!
Our castle law applies to vehicles now so as long as it's concealed you're ok.

You are in violation however carrying it out of your vehicle in public in the manner you are describing. If you get caught you will probably be arrested and charged with unlawful carry.

The exception would be that if you could clearly articulate to the satisfaction of the investigating officers and Grand Jury that you believed there was a clear and present danger justifying the use of deadly force under the "necessity" exemption which is a defense to prosecution.

That would be an extremely high bar to reach anywhere off of your own property and in our blue cities your chances of staying out of jail would be slim.

Such a violation would bar you for at least 5-10 years if they prosecuted it as a misdemeanor, unlikely, and bar you from every lawfully owning a firearm at all if you are convicted of a felony.

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