CHL Instructer says to re-arm in full view of public

[Oldgringo]

Sounds like he is confused...

...or lying or wanting to set someone else up as a test case.

Report him.

[WildBill]

Sounds like he is confused...

...or lying or wanting to set someone else up as a test case.

I think you are giving him too much credit.

[jordanmills]

I attended my CHL class mid Feb. During the instruction, the man teaching the class says that when he gets off an airplane, and retrieves his luggage, he publicly re-arms in the airport. (does not go to the bathroom, but takes his gun out of his bag, puts a loaded magazine in, racks the slide, and then holsters.) He said it is not brandishing because he does not do it to cause alarm. I kinda get the feeling that the repercussions of this may be bad. What do you guys thing?

I "thing" that he's traveling, and can openly display a handgun in public (except in a manner calculated to alarm) as a natural right. The general restriction against display or carry of a handgun (TPC 46.02) has several exemptions, including traveling. His CHL is irrelevant. Even if he didn't have one, he could carry, open or concealed, to his destination or place of temporary or permanent residence.

[Skaven]

I hope that he was just confused. Still waiting on a replay from his email. I am mostly following up because I don't want anyone else to fall into trouble from his bad advice. When he told us that, it was setting of alarm bells as something that I wouldn't even imagine doing. Mainly because I don't want anyone to even get the hint that I am going to be carrying concealed. Just paints a target as the first dude the BG needs to take out if he wants to start something. And to answer if he was traveling he said that he had just gotten off the airplane from Florida, and was at SATX international. He admitted to the class that he had not only said there was no problem with it, but that he had in fact done it.

[Salty1]

With a person who calls themself an "instructor" provides bad information such as that in a class I would hope you find another location to get your renewal when the time comes....

[cougartex]

[tacticool]

With a person who calls themself an "instructor" provides bad information such as that in a class I would hope you find another location to get your renewal when the time comes....

Same as an instructor who says hospitals are off limits, or thinks one drink equals intoxication, or spends so much time telling war stories (or showing videos) that they gloss over non-violent dispute resolution (or any other REQUIRED subject) in their class.

[Skaven]

I am going to wait till he responds, but the biggest question, should I warn people to avoid going there? Should I provide you guys with the company name etc.. so that people can be warned? I am not slandering him as this occurred. And I don't want anyone to make a decision do to something that he advises that might get them shot, or imprisoned.

[danpaw]

At least can you say what part of the state he is in?

[PappaGun]

I am 100% guessing here.

And I do NOT agree with his actions.

It sounds like he wants to press his luck. It won't last long IMO.

Mayebe he thinks that because he was forced to disarm he can rearm at his earliest convenience.

He is foolish.

[C-dub]

I dee ten T.

I'm going with this one. And if you don't hear from him within 5 days I'd report him and tell as many people as I could to stay away from him.

[Mastodon]

[A-R]

I attended my CHL class mid Feb. During the instruction, the man teaching the class says that when he gets off an airplane, and retrieves his luggage, he publicly re-arms in the airport. (does not go to the bathroom, but takes his gun out of his bag, puts a loaded magazine in, racks the slide, and then holsters.) He said it is not brandishing because he does not do it to cause alarm. I kinda get the feeling that the repercussions of this may be bad. What do you guys thing?

I "thing" that he's traveling, and can openly display a handgun in public (except in a manner calculated to alarm) as a natural right. The general restriction against display or carry of a handgun (TPC 46.02) has several exemptions, including traveling. His CHL is irrelevant. Even if he didn't have one, he could carry, open or concealed, to his destination or place of temporary or permanent residence.

Please cite the "traveling" exemption in the most current version of PC 46.02. More importantly, cite any exemption to PC 46.02(a) that would apply in the OP case. Furthermore, cite for us any exemption or law that allows for an average person to open display a handgun in public in Texas, short of utilizing it in a justified use of force/deadly force situation, in hunting, or target practice at a public shooting range.

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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 109, ch. 49, Sec. 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 14, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, Sec. 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, Sec. 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 262, Sec. 21, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 873, Sec. 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 168, Sec. 1, eff. Sept. 1, 1991. Redesignated from Penal Code Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, Sec. 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 998, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 24, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 1, eff. September 1, 2007.

[Skaven]

At least can you say what part of the state he is in?

I won't say yet. But as for me, I live in San Antonio. I mainly want to give him an opportunity to explain before I unleash the hounds.

[Stubble]

Very foolish advice to give.