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CHL

Posted: Thu Nov 23, 2006 9:55 am
by Mancunian
I was in a workplace two days ago when this worker brought out his drivers license to show someone. He then turned around and said to me "here's my other license"? I looked at it and noticed it was a CHL. Now I don't know this guy from Adam nor he I. I'm just curious, did he break any laws?

Re: CHL

Posted: Thu Nov 23, 2006 9:57 am
by txinvestigator
Mancunian wrote:I was in a workplace two days ago when this worker brought out his drivers license to show someone. He then turned around and said to me "here's my other license"? I looked at it and noticed it was a CHL. Now I don't know this guy from Adam nor he I. I'm just curious, did he break any laws?
Not from what you have described. What laws are you suspecting he might have broken?

Re: CHL

Posted: Thu Nov 23, 2006 10:09 am
by Mancunian
txinvestigator wrote:
Mancunian wrote:I was in a workplace two days ago when this worker brought out his drivers license to show someone. He then turned around and said to me "here's my other license"? I looked at it and noticed it was a CHL. Now I don't know this guy from Adam nor he I. I'm just curious, did he break any laws?
Not from what you have described. What laws are you suspecting he might have broken?
I was under the impression carrying concealed meant exactly that. By showing someone a CHL, or, telling someone you are carrying was gainst the CHL law (if you will). I saw it as no different than he bragging about it??

Posted: Thu Nov 23, 2006 10:17 am
by dws1117
I could be wrong and will be quickly corrected if I am, but if he didn't expose the gun to you or anyone else then I don't see where any laws were broken. It doesn't seem wise to just go around showing people your CHL, but to each their own.

Posted: Thu Nov 23, 2006 10:34 am
by Mancunian
dws1117 wrote:I could be wrong and will be quickly corrected if I am, but if he didn't expose the gun to you or anyone else then I don't see where any laws were broken. It doesn't seem wise to just go around showing people your CHL, but to each their own.
Just curious why you don't think it's wise. If it's from a bragging stand point I agree. But, it could be beneficial in certain circumstances. All I intended to find out about this incident was what are the ramifications (legally) if someone was to go to an LEO and say "that guy's carrying a gun" (on assumption of course) but, what if the LEO goes to the guy and asks him and the guy syas yes. Isn't that then against the concealment law (so to speak) again?

Posted: Thu Nov 23, 2006 10:46 am
by txinvestigator
Mancunian wrote:
dws1117 wrote:I could be wrong and will be quickly corrected if I am, but if he didn't expose the gun to you or anyone else then I don't see where any laws were broken. It doesn't seem wise to just go around showing people your CHL, but to each their own.
Just curious why you don't think it's wise. If it's from a bragging stand point I agree. But, it could be beneficial in certain circumstances. All I intended to find out about this incident was what are the ramifications (legally) if someone was to go to an LEO and say "that guy's carrying a gun" (on assumption of course) but, what if the LEO goes to the guy and asks him and the guy syas yes. Isn't that then against the concealment law (so to speak) again?
I am going to point you to another thread, but in the meantime (while I search for it) , here is the "concealment" law.

Texas Penal Code
§46.035. Unlawful carrying of handgun by license holder.

(a) A license holder commits an offense if the license holder
carries a handgun on or about the license holder's person under the
authority of Subchapter H, Chapter 411, Government Code, and
intentionally fails to conceal the handgun.


The gun must be concealed. even an accidental or inadverdent flash or print is not a violation.

The certainly does not prohibit you from showing your CHL to a person, or even telling them that you have a CHL.

So if you told a cop that the person you saw was carrying a gun, then cop would ID the guy, see that he had a CHL and he would be on his merry way.

From the Texas Government Code, the actual CHL administrative laws;


§411.171. Definitions.

In this subchapter:


(3) "Concealed handgun" means a handgun, the presence of
which is not openly discernible to the ordinary observation of a
reasonable person.

Posted: Thu Nov 23, 2006 10:54 am
by Mancunian
Mancunian wrote:
dws1117 wrote:I could be wrong and will be quickly corrected if I am, but if he didn't expose the gun to you or anyone else then I don't see where any laws were broken. It doesn't seem wise to just go around showing people your CHL, but to each their own.
Just curious why you don't think it's wise. If it's from a bragging stand point I agree. But, it could be beneficial in certain circumstances. All I intended to find out about this incident was what are the ramifications (legally) if someone was to go to an LEO and say "that guy's carrying a gun" (on assumption of course) but, what if the LEO goes to the guy and asks him and the guy syas yes. Isn't that then against the concealment law (so to speak) again?
txinvestigator wrote:
I am going to point you to another thread.
I wait with baited breath ;-)

Interesting though you point out it ISN'T an offence if someone catches a glimpse of your weapon, be it on purpose or otherwise?

Posted: Thu Nov 23, 2006 10:57 am
by txinvestigator

Posted: Thu Nov 23, 2006 11:00 am
by txinvestigator
Mancunian wrote:
Mancunian wrote:
dws1117 wrote:I could be wrong and will be quickly corrected if I am, but if he didn't expose the gun to you or anyone else then I don't see where any laws were broken. It doesn't seem wise to just go around showing people your CHL, but to each their own.
Just curious why you don't think it's wise. If it's from a bragging stand point I agree. But, it could be beneficial in certain circumstances. All I intended to find out about this incident was what are the ramifications (legally) if someone was to go to an LEO and say "that guy's carrying a gun" (on assumption of course) but, what if the LEO goes to the guy and asks him and the guy syas yes. Isn't that then against the concealment law (so to speak) again?
txinvestigator wrote:
I am going to point you to another thread.
I wait with baited breath ;-)

Interesting though you point out it ISN'T an offence if someone catches a glimpse of your weapon, be it on purpose or otherwise?
Thats not what I wrote. If it is "on purpose" that equals intentionally failed to conceal.

But if you get out of the car on a windy day and your shirt flys back, briefly exposing your handgun, that is not a violation.

Posted: Thu Nov 23, 2006 11:11 am
by Mancunian
txinvestigator wrote:
The gun must be concealed. even an accidental or inadverdent flash or print is not a violation.
My apologies. I thought by this statement you were infering it wasn't.

Thanks for taking the time to look for that thread..

Posted: Thu Nov 23, 2006 11:35 am
by gregthehand
Legal... sure
Smart... NO

Posted: Thu Nov 23, 2006 12:00 pm
by txinvestigator
gregthehand wrote:Legal... sure
Smart... NO
Depends on the situation. But generally I agree.

Posted: Thu Nov 23, 2006 12:54 pm
by kauboy
You didn't say, in your original post, whether or not he actually stated that he had his gun. Simply showing a CHL doesn't mean he's always carrying, and you shouldn't assume anything.

And as TXI stated, "accidentally or inadvertently" are not in anyway to be construed as "intentional" or "on purpose". So his statement lent no weight to that assertion.

I you raise your shirt and show your gun, that is intentional failure to conceal. Other than that, your pretty safe. Lots of people are scared of printing, but in Texas, that really doesn't matter, as long as it wasn't intentional.

Posted: Thu Nov 23, 2006 4:04 pm
by Skiprr
I wholly agree with txinvestigator and kauboy (pardon me a moment while I extricate myself from this Gretsch drum set I seem to have fallen into and broken...).

The only addition I have isn't a legal one. Many companies, particularly large ones, have stringent policies regarding harassment. Where I work, for example, we have to take mandatory harassment training every year. It's a fact of life. Flashing a CHL as described may break no laws, but the flasher had better think through all the possible repercussions. Jail time or a fine may not be at stake, but his career might.

And my company's offices all post valid 30.06 signs. :sad:

Posted: Thu Nov 23, 2006 10:21 pm
by kauboy
Skiprr wrote:(pardon me a moment while I extricate myself from this Gretsch drum set I seem to have fallen into and broken...).
:razz: