TexasCHLforum.com

My wife has a home day care in our house and every couple of years she has to fill out paper work for a Texas state criminal history background check for everyone that lives in the house. I now have my CHL and she is worried that my having a CHL will cause problems when they do my background check. I told her me having a CHL wouldn't show up on a background check because my CHL information is protected by state law. Am I correct? Does anyone else have experience with this?

Thanks,
Rugerkid09

I don't know if it would show up or not, but I can't think of why it would be a problem. It's your house and your business.

C-dub wrote:I don't know if it would show up or not, but I can't think of why it would be a problem. It's your house and your business.

Actually, if she's running a day care out of the house, then it becomes other people's business by law. Regulation of child care services, etc.

CHL Information is protected from General release, yes. It can only be released to law enforcement agencies IIRC. So I guess the answer is Maybe they'll see it in the BG Check, maybe not? Depends on if theyre just running a check for crimes, etc. If so, it shouldn't show on that.

dicion wrote:

C-dub wrote:I don't know if it would show up or not, but I can't think of why it would be a problem. It's your house and your business.

Actually, if she's running a day care out of the house, then it becomes other people's business by law. Regulation of child care services, etc.

Okay, but I still don't remember child care businesses being listed as one of those places off-limits. My place of business is regulated by several different government agencies and I don't think any of them have the right to ban weapons in my work place. However, no need since the folks in charge have already done that.

To the OP or anyone else that may know, is the presence of a firearm in the house a reason to deny someone a child care license?

I checked it out and have my own answer. This is from the states own site.

http://www.dfps.state.tx.us/Documents/C ... ers746.pdf" onclick="window.open(this.href);return false;

§746.3707
Are firearms or other weapons allowed at my child-care center?
Subchapter S, Safety Practices
Division 1, Safety Precautions
09/01/03
Medium (a) Law enforcement officials who are trained and certified to carry a firearm on duty may have firearms or ammunition on the premises of the child-care center.
High (b) For all other persons, firearms, hunting knives, bows and arrows, and other weapons are prohibited on the premises of the child-care center, unless the child-care center is also your residence.
High (c) Firearms, hunting knives, bows and arrows, and other weapons kept on the premises of a child-care center located in your home must remain in a locked cabinet inaccessible to children during all hours of operation.
High (d) Ammunition must be kept in a separate locked cabinet and inaccessible to children during all hours of operation.

In light of (c) I guess concealed on my hip is unacceptable? This statute doesn't mention anything about a person licensed to carry a concealed weapon.

From a quick look State laws, child care centers are licensed by the Division of Family And Protective Services.
Title 40, Chapter 746, Subchapter S, Division 1, Rule 746.3707:

RULE §746.3707 Are firearms or other weapons allowed at my child-care center?
(a) Law enforcement officials who are trained and certified to carry a firearm on duty may have firearms or ammunition on the premises of the child-care center.

(b) For all other persons, firearms, hunting knives, bows and arrows, and other weapons are prohibited on the premises of the child-care center, unless the child-care center is also your residence.

(c) Firearms, hunting knives, bows and arrows, and other weapons kept on the premises of a child-care center located in your home must remain in a locked cabinet inaccessible to children during all hours of operation.

(d) Ammunition must be kept in a separate locked cabinet and inaccessible to children during all hours of operation.

http://info.sos.state.tx.us/pls/pub/rea ... 46&rl=3707" onclick="window.open(this.href);return false;

I am not a lawyer by any means, so I can't make any recommendation. It's worth investigating more, IMO.

Doh! Gosh C-Dub, are we on the same page or what?

Frightening!!! lol

I think they just changed the law to allow homeowners to keep guns in their houses while running a daycare. It was a big deal a few years ago 2005? 2007? Anyway, they changed it so you have to have your guns and what not locked up as was posted...twice.

I am sure if she is applying for a state license which requires a background check your CHL will show up because you are living there. I don't think it will matter because everyone has to obey the requirements if they own a gun and the other items and run a daycare.

The discussion at the time the law was changed was if the spouse can carry his/her CHL gun in their own home when the house is being used as a daycare. Carrying in your own home doesn't appear to be legal as long as the daycare is still operating at any given time. So unless you are going to keep your carry gun in a locked safe before you get home and until you are out of it you cannot be obeying the law if the daycare is operating. That means your wife cannot have a gun to where she can get to it easily and you cannot have one on your person during a daycare day. That is just some of the things I remember being discussed. Basically, they cannot make you do away with your guns but they have turned your house into a gun free zone during the times the house is being used as a daycare. Just what I remember and I would talk to a lawyer to make sure you don't break the law. IANAL