Re: Carry in Vehicle without a license.

[E.Marquez]

Here is another variable: What if I owned the business? Someone suggested to me that this was permitted but I was still unsure.

I'm assuming it comes from this:

"on the person's own premises or premises under the person's control"

but I'm not too confident after reading it myself.

I am a little reluctant to carry a folding AK or long gun, although I have considered the Kel Tec Sub 2000 as I believe its dimensions fit my briefcase. I still think this is overkill and would prefer a handgun.

It looks like the worst case might be having a lock box, and I am OK with that. Though I wouldn't want it locked/secure in the office if I could help it.

Sure you own the place, or can convince a LEO, Judge, or jury that you had legal control over the premises..have at it.

But with a viable option....few hours of your time after work or weekend, and a few weeks waiting on the paperwork process.. You can enjoy the same exception most of us here do,,, and carry in the scenario you have described with impunity. Worry free of finding a "work Around"

This is sound advice. The problem with this law are those that want to stretch the parameters of it. In the car is fine, but when you start going 4 blocks this way, maybe stop to get a soda enroute, ect, you are asking for trouble. Sure you can say you are walking to your car, house or whatever. Do you really think LEO's are going to drive you around looking for your car so you can prove you are just doing that?

An honest, professional one (MOST of um I believe) wanting to enforce the law as intended will.

[mikedude]

Here is another variable: What if I owned the business? Someone suggested to me that this was permitted but I was still unsure.

I'm assuming it comes from this:

"on the person's own premises or premises under the person's control"

but I'm not too confident after reading it myself.

I am a little reluctant to carry a folding AK or long gun, although I have considered the Kel Tec Sub 2000 as I believe its dimensions fit my briefcase. I still think this is overkill and would prefer a handgun.

It looks like the worst case might be having a lock box, and I am OK with that. Though I wouldn't want it locked/secure in the office if I could help it.

Sure you own the place, or can convince a LEO, Judge, or jury that you had legal control over the premises..have at it.

But with a viable option....few hours of your time after work or weekend, and a few weeks waiting on the paperwork process.. You can enjoy the same exception most of us here do,,, and carry in the scenario you have described with impunity. Worry free of finding a "work Around"

This is sound advice. The problem with this law are those that want to stretch the parameters of it. In the car is fine, but when you start going 4 blocks this way, maybe stop to get a soda enroute, ect, you are asking for trouble. Sure you can say you are walking to your car, house or whatever. Do you really think LEO's are going to drive you around looking for your car so you can prove you are just doing that?

An honest, professional one (MOST of um I believe) wanting to enforce the law as intended will.

But the $100 question, does the LEO disarm them first (sorry needed a laugh). One might drive the person or just refer them to a CHL class. I always try to help out the public when they need it. In particuliar those with felony warrants as well. They are always "on the way" to turn themselves in which is kinda like the guy walking to his car blocks away via starbucks. I assist them by providing the ride. My buddy refuses to get one as he is afraid of some magic registration scheme. Hell I can't get my wife to go take it. She does carry in the car. I want her to for those exact reasons stated above, or you forget it is in the purse/bag and something happens where you get into trouble and MY gun is seized.

[E.Marquez]

But the $100 question, does the LEO disarm them first (sorry needed a laugh). One might drive the person or just refer them to a CHL class.

Id bet a reasonable person (LEO) familiare with his patrol area, will make a sound judgment on if a person is reasonable moving from house to car and a direct manner.. It could get difficult for city dwellers in a big city that are forced to park a long way from the home I suppose.

I always try to help out the public when they need it.

As I assumed.... as I posted above.

In particuliar those with felony warrants as well.

As you should,, I would hope you even offer them a ride...

They are always "on the way" to turn themselves in

And there are no guilty person in prison or so Im told they will tell you if you were to ask.

which is kinda like the guy walking to his car blocks away via starbucks.

Again, that depends... here in TX, in my spare travels to Austin, Dallas, Huston .. I have walked several blocks to get to my "home" (Hotel).. can not even say it was the shortest distance a local may have taken,, but it was the way I took.. Personally I was covered by a CHL.. but if not.. I was still within the limits of the law as written and intended.

Still... for the OP and anyone else eligible for a CHL... My opinion is,,, get the CHL... it simply provides more legal worry free options then just MPA. To each his own, do what works for you.

[mikedude]

agreed

[Texas Sheepdog]

which is kinda like the guy walking to his car blocks away via starbucks.

Again, that depends... here in TX, in my spare travels to Austin, Dallas, Huston .. I have walked several blocks to get to my "home" (Hotel).. can not even say it was the shortest distance a local may have taken,, but it was the way I took.. Personally I was covered by a CHL.. but if not.. I was still within the limits of the law as written and intended.

Unless you have ID showing the hotel as your residence, you will take the ride if you try that around here without a CHL or a badge.

[E.Marquez]

which is kinda like the guy walking to his car blocks away via starbucks.

Again, that depends... here in TX, in my spare travels to Austin, Dallas, Huston .. I have walked several blocks to get to my "home" (Hotel).. can not even say it was the shortest distance a local may have taken,, but it was the way I took.. Personally I was covered by a CHL.. but if not.. I was still within the limits of the law as written and intended.

Unless you have ID showing the hotel as your residence, you will take the ride if you try that around here without a CHL or a badge.

I must be misunderstanding your response... ..

You would arrest an individual walking from their car to the hotel that they are staying in, unless they had an ID with a temporary hotel residence on it?.. Which of course is a foregone assumption they will not. I’m only 47, and only stayed in a few hundred hotels over the years, but not once did I ever have my State or Federal issued ID changed to reflect where I was temporally living.. Even when I lived in the Hotel for 45 days ….

something that is verifiable in an instant, with a phone call to the front desk….???? I have to assume no sane and ethical LEO would do that, but I have been wrong before. On the bright side… If that happens, I’ll be able to buy that big ranch property I’ve been wanting…… Sure going to upset the tax payers though, all that wasted money in a judgment against the city, state and PD..

[Heartland Patriot]

which is kinda like the guy walking to his car blocks away via starbucks.

Again, that depends... here in TX, in my spare travels to Austin, Dallas, Huston .. I have walked several blocks to get to my "home" (Hotel).. can not even say it was the shortest distance a local may have taken,, but it was the way I took.. Personally I was covered by a CHL.. but if not.. I was still within the limits of the law as written and intended.

Unless you have ID showing the hotel as your residence, you will take the ride if you try that around here without a CHL or a badge.

Since you didn't put your location up, can you please let folks know where "around here" is so that we may bypass said area? I have a CHL and I'm not worried about that in particular, but I'd hate to get afoul of anything else in your jurisdiction.

[DocV]

which is kinda like the guy walking to his car blocks away via starbucks.

Again, that depends... here in TX, in my spare travels to Austin, Dallas, Huston .. I have walked several blocks to get to my "home" (Hotel).. can not even say it was the shortest distance a local may have taken,, but it was the way I took.. Personally I was covered by a CHL.. but if not.. I was still within the limits of the law as written and intended.

Unless you have ID showing the hotel as your residence, you will take the ride if you try that around here without a CHL or a badge.

Hi and welcome to the forum!
What about a Winnebago?
Can you clarify how Section 30.01's definition of 'Habitation' would not apply in your location?

[jmra]

which is kinda like the guy walking to his car blocks away via starbucks.

Again, that depends... here in TX, in my spare travels to Austin, Dallas, Huston .. I have walked several blocks to get to my "home" (Hotel).. can not even say it was the shortest distance a local may have taken,, but it was the way I took.. Personally I was covered by a CHL.. but if not.. I was still within the limits of the law as written and intended.

Unless you have ID showing the hotel as your residence, you will take the ride if you try that around here without a CHL or a badge.

I must be misunderstanding your response... ..

You would arrest an individual walking from their car to the hotel that they are staying in, unless they had an ID with a temporary hotel residence on it?.. Which of course is a foregone assumption they will not. I’m only 47, and only stayed in a few hundred hotels over the years, but not once did I ever have my State or Federal issued ID changed to reflect where I was temporally living.. Even when I lived in the Hotel for 45 days ….

something that is verifiable in an instant, with a phone call to the front desk….???? I have to assume no sane and ethical LEO would do that, but I have been wrong before. On the bright side… If that happens, I’ll be able to buy that big ranch property I’ve been wanting…… Sure going to upset the tax payers though, all that wasted money in a judgment against the city, state and PD..

Sure would be nice to know in what pasture this particular sheepdog is standing watch.

[Lambda Force]

I'm confused by both sides of this argument. Can somebody show me where the law says you don't need a CHL to carry a handgun around town if you rent a hotel room?

[E.Marquez]

I'm confused by both sides of this argument. Can somebody show me where the law says you don't need a CHL to carry a handgun around town if you rent a hotel room?

No, but then that has not been discussed in this thread.. Perhaps start a new one for your new topic.

If by chance you intended to ask what law covers taking a handgun from your residence to your vehicle.. Which IS what we are discussing, then look no further then PC Sec. 46.02. UNLAWFUL CARRYING WEAPONS, and HB 1815.

As those two references specifically cover what WE are talking about....

[Texas Sheepdog]

On the bright side… If that happens, I’ll be able to buy that big ranch property I’ve been wanting…… Sure going to upset the tax payers though, all that wasted money in a judgment against the city, state and PD..

Good luck with that. In your hotel room and in your vehicle is allowed. Going directly to your vehicle is also allowed but walking to your hotel room from some other place is not part of the law. In any case, where people say they're going to or from is a question of fact I'm comfortable leaving to a judge or jury, especially if the person has attitude.

The courts have consistently upheld UCW convictions of people who think they can walk around with a handgun in Texas without a CHL or a badge, but they have the right to pay for their lawyer's kid's orthodontics if it makes them happy. LOL

[E.Marquez]

The courts have consistently upheld UCW convictions of people who think they can walk around with a handgun in Texas without a CHL or a badge,

But of course that is NOT what was being discussed... Yes we get it, unlicensed concealed carry is against the law... NOT the topic, NOT what you responded to, NOT what you claim will earn a citizen an arrest.

So either you were NOT responding to the topic at hand or there is some miscommunication here.

So please clarify if you will.

Car parked on street, at the closest available parking to my temporary residence, a hotel. For whatever reason I’m contacted by you, a LEO... My call, your call, third party’s call.. Your claim is, I will be arrested and take a ride if I do not have ID with the Hotels address on it.... If not, please explain what message you intended to send, because is what most of us took from your post.

[DocV]

On the bright side… If that happens, I’ll be able to buy that big ranch property I’ve been wanting…… Sure going to upset the tax payers though, all that wasted money in a judgment against the city, state and PD..

Good luck with that. In your hotel room and in your vehicle is allowed. Going directly to your vehicle is also allowed but walking to your hotel room from some other place is not part of the law. In any case, where people say they're going to or from is a question of fact I'm comfortable leaving to a judge or jury, especially if the person has attitude.

Ah! That clears things up for me.

The courts have consistently upheld UCW convictions of people who think they can walk around with a handgun in Texas without a CHL or a badge, but they have the right to pay for their lawyer's kid's orthodontics if it makes them happy. LOL