Wait Period, CHL and other gen. questions/ambiguities

[RedRider]

Hello all,

I am about to likely be pulling the trigger on my first gun purchase and being a young man of 24 years old I have a few questions regarding the process/legality and more so some ambiguities I just cannot get past:

I understand that in texas we have a CHL law, but you also arent technically "required" to have one to carry concealed? Is this in fact a legal grey area?

My friend who has been arrested several times for felony offenses (has paid big time to get them reduced to deferred adjudication/probation) but as far as I know has technically been convicted of these crimes and is still able to purchase hand guns and also has been pulled over with them and, admitting he has them, left the situation with the gun stlll in his posession.

While none of this matters in my case, since i have no criminal record, im just wondering if i'll need to wait the 48-hour period that i've heard of when buying a gun, and if im not too interested in using it for anything other than personal home protection, i may not spring for the CHL. (although i would like to know if there are state minimum fees for the application and things of that nature i read varying prices just curious if there is a minimum)

By the way, im in the market for a nice silver revolver.

[Crossfire]

There is no waiting period to purchase a firearm in Texas. That is, unless you get a "delay" response from NICS.

You may have a handgun in your home, or in your car, without a CHL. Other than that, you need to get a license to carry.

List of fees for CHL can be found here: http://www.txdps.state.tx.us/rsd/chl/do ... hedule.pdf

[pbwalker]

By the way, im in the market for a nice silver revolver.

Let me know if you find a silver revolver!

[TexasCajun]

I'll give you my best attempt at some plain answers to your questions. Just remember that I'm not a lawyer and any of my advice that you take as legal advice can be worth exactly what you've paid for it. For a more precise answer to your questions, you should go to the Texas Department of Public Safety website and pull up their copy of the Texas handgun law statutes.

I understand that in texas we have a CHL law, but you also arent technically "required" to have one to carry concealed? Is this in fact a legal grey area?

You can carry concealed or open on your own property or on property where you have the owner's permission without a CHL. You can also carry in your vehicle without a CHL - in doing so, the weapon MUST be concealed. If you want to step out in public with a loaded handgun, you need to have a CHL.

My friend who has been arrested several times for felony offenses (has paid big time to get them reduced to deferred adjudication/probation) but as far as I know has technically been convicted of these crimes and is still able to purchase hand guns and also has been pulled over with them and, admitting he has them, left the situation with the gun stlll in his posession.

I'm not sure what the legalities of purchasing firearms if you've been given deferred adjudication for a felony. If you're applying for a CHL and that is part of the record, you have to disclose it and provide all of the supporting documentation regarding the charge all the way through final resolution. Based on the information, the DPS will decide whether or not you qualify for a CHL.

im just wondering if i'll need to wait the 48-hour period that i've heard of when buying a gun

Texas does not have a firearm purchase waiting period. You will have to pass a background check before the purchase can be completed. But depending on the line ahead of you, that can be as short as 10 minutes. One of the perks of holding a valid Texas CHL is that when you buy a gun in Texas, your CHL background check satisfies that requirement. So the actual purchase time is cut down (especially if there's a run on firearms like there is now).

(although i would like to know if there are state minimum fees for the application and things of that nature i read varying prices just curious if there is a minimum)

The state charges $140 for the initial license, plus $10 to the state-mandated agency that takes your fingerprints, plus the cost of the required 8-10hr CHL class. CHL classes for an initial license usually run about $100. However there are some discounts available if you're willing to take a class on a weekday.

Welcome & good luck!!

[77346]

Welcome to the forum, RedRider.

I am not a lawyer, but in Texas you are allowed to carry -concealed or open- in property under your control (i.e. your home) and you can keep a concealed gun in your vehicle without having a CHL if you are "traveling" (whatever that means). If you carry a concealed firearm outside property you control or your vehicle and are not licensed you could be in a world of trouble.

To buy a firearm, if buying from a store or licensed dealer, you will need to fill out ATF form 4473 and the vendor will call in the National Instant Check System (NICS) to run a background check... if you pass it, you pay for your gun and take it home that same day (it actually takes just a few minutes, but stores are quite busy at the moment). There is no 48-hr or any other waiting period. Google "ATF Form 4473" and read the form to see what you're getting into.

Not sure why you want a shinny revolver, but I would encourage you to go to a gun store and talk to someone before making a purchase... explain it's your first firearm, what you intend to do with it, etc. I am sure the sales person will have a few recommendations for you.

There is a lady's section on this forum that has a wealth of information...

[77346]

There is a lady's section on this forum that has a wealth of information...

ooops! I misread your post... everything applies except the last line...

[SwimFan85]

While none of this matters in my case, since i have no criminal record, im just wondering if i'll need to wait the 48-hour period that i've heard of when buying a gun,

Texas doesn't have a waiting period. If the federal instant check comes back in 2 minutes that's your only wait after the paperwork.

By the way, im in the market for a nice silver revolver.

I don't think silver can handle the pressure of modern centerfire ammunition. It might even be too soft for the black powder guns that had brass frames.

[Jumping Frog]

You can carry ... on property where you have the owner's permission without a CHL.

That isn't accurate.

For example, let's say I am not licensed to carry a concealed handgun. I walk into your house for dinner. We're talking about guns and I say I bought a new gun, I have it in the car.

You can't give me permission to bring my new handgun into your house from the car and show it to you. I would be committing a crime under §46.02 UCW. Note the statute language says "or premises under the person's control". You giving me "permission" is not the same as giving me control of your premises. This has been discussed frequently in these forums.

[alvins]

redrider i find your post very interesting. your not really interested in guns are you?

[The Annoyed Man]

redrider i find your post very interesting. your not really interested in guns are you?

We have a winnah!

[Shinesintx]

redrider i find your post very interesting. your not really interested in guns are you?

We have a winnah!

Exactly what I was thinking. Either the OP is a woman or a very effeminate male...who talks like that?

[pbwalker]

redrider i find your post very interesting. your not really interested in guns are you?

We have a winnah!

Exactly what I was thinking. Either the OP is a woman or a very effeminate male...who talks like that?

Y'all can pick that up off of the post? Man...you're good! I'm not seeing it. (Could be because I've heard people say "silver gun" before...haha)

[TexasCajun]

Ok. Obviously I missed something. What was it?

[urnoodle]

My impression is that our OP is younger than 24 years. I'm a little concerned must I say that someone your are spending time with is known to commit felonys. If the OP is truly looking to get a CHL he may want to re-evaluate who is spending time with. He wouldn't want to find himself in a situation that may shape his future in a very bad way.

[Shinesintx]

redrider i find your post very interesting. your not really interested in guns are you?

We have a winnah!

Exactly what I was thinking. Either the OP is a woman or a very effeminate male...who talks like that?

Y'all can pick that up off of the post? Man...you're good! I'm not seeing it. (Could be because I've heard people say "silver gun" before...haha)

There were too many weird things in his post.