TexasCHLforum.com

Hi,

I would greatly appreciate if one of you could help me out with this as I have not been able to find a definite answer on it. I have begun working night shifts where I work and the area is kind of sketchy at night. I'm 19 and was trying to find out if I could legally conceal carry a handgun if I had the owner's permission. I can't find a legally definite answer on this and from what I read it seems it would okay (?) but I am not quite sure. If I can't I will have to look at quitting because we have had robberies in the past and I am not risking my life especially if I cannot defend myself.

Thanks to anyone who can help me out with this question.

Hopefully someone on here might be able to point you in the right direction concerning the Penal Code. My first inclination is to say that it is NOT legal unless YOU are the property owner. However, IANAL and I don't claim to be an expert on the subject. I would imagine that no one on here is going to tell you that it is okay to simply break the law.

WildBill wrote:

Sovereign wrote:Hi,

I would greatly appreciate if one of you could help me out with this as I have not been able to find a definite answer on it. I have begun working night shifts where I work and the area is kind of sketchy at night. I'm 19 and was trying to find out if I could legally conceal carry a handgun if I had the owner's permission. I can't find a legally definite answer on this and from what I read it seems it would okay (?) but I am not quite sure. If I can't I will have to look at quitting because we have had robberies in the past and I am not risking my life especially if I cannot defend myself.

Thanks to anyone who can help me out with this question.

First of all, welcome to the forum.

I am not a lawyer, but this is my understanding.

As a person under the age of 21, you can not get a Texas CHL so you can not legally carry a concealed handgun on property that you do not own.

PC §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;

Here is a link to the relevant laws http://www.txdps.state.tx.us/internetfo ... chl-16.pdf" onclick="window.open(this.href);return false;

You can carry in your car under the Motorist Protection Act, but that doesn't apply to your work premises.

In general, working at night may have a greater risk than a day job. Good luck finding a new job in a better/safer area.

You can have a rifle or a shotgun.

What's the job? Where are you? How many people are there? It really comes down to the DA and their opinion on what the law says. Can you be considered in control of the property. Do you have the keys? Could you bar someone from entering the property on your own initiative? If so then I would think you have most likely met the requirements but if a cop and DA think differently then it's something you would have to argue in court. So it's not just if it is legal but also whether or not you can get arrested for it. For what it's worth there used to be a lot of "guards" in Houston that wouldn't get commissioned and just worked directly for businesses. When HPD would encounter them the County DA wouldn't take gun charges out on them if they were on private property. They would pop them for other charges but not the gun charges.

Its my understanding that if you are carrying on your employers propery with his permission you're acting as a Security Guard and that is illeagle in Texas.

19, you're so young, I guess there's no chance of you just getting a job in a better neighborhood? Mom probably asked that too, right? yeh, I'm the neighbhorhood mom around here. I don't really see how you can legally carry at your job, and you really don't want to mess up, get in trouble and really ruin things for the rest of your life. you can have a long gun in your car, but that doesn't help you much in the building. Sooooo, if you're closing, are you doing it by yourself, if so, before others leave, run out, move your car closer to the door, when just one person is left, go out bring a long gun in. While tricky should be perfectly legal and you're much safer.

can someone under 21 carry under MPA? I did not know that....interesting....I like that....for my 20 year old daughter, I like that....it's better than nothing when they go to the movie.

Which brings up: What's the minimum age for MPA carry?

Gunner4640 wrote:Its my understanding that if you are carrying on your employers propery with his permission you're acting as a Security Guard and that is illeagle in Texas.

It takes more than a gun to make you security. You need yo represent yourself as security either by word or uniform. Your job description would have to meet certain requirements. Just having a gun doesn't even get close.

Abraham wrote:Which brings up: What's the minimum age for MPA carry?

IANAL, but I do not see any mention of age in H.B. No 1815.

http://www.legis.state.tx.us/tlodocs/80 ... 01815F.HTM" onclick="window.open(this.href);return false;

Well, raise my rent, I guess I better bone up on the law. I was under the impression it was against the law for
a person under 21 to possess a handgun under any circumstances.

I'm embarrassed.

bulinm wrote:Well, raise my rent, I guess I better bone up on the law. I was under the impression it was against the law for
a person under 21 to possess a handgun under any circumstances.

I'm embarrassed.

Many people are confused about the law concerning buying a handgun [being 21 years old] from a FFL versus possessing a handgun.

IANAL, so I suggest that you should read the law yourself.

Abraham wrote:Which brings up: What's the minimum age for MPA carry?

There is always TPC §46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD, where the adult gets charged for allowing access to a "readily dischargeable firearm". That applies to children under age 17, so I figure age 17 and higher can be in possession of a handgun in the home or in their vehicle and must comply with TPC §46.02. UNLAWFUL CARRYING WEAPONS like any other person.

EEllis wrote:What's the job? Where are you? How many people are there? It really comes down to the DA and their opinion on what the law says. Can you be considered in control of the property. Do you have the keys? Could you bar someone from entering the property on your own initiative? If so then I would think you have most likely met the requirements but if a cop and DA think differently then it's something you would have to argue in court. So it's not just if it is legal but also whether or not you can get arrested for it. For what it's worth there used to be a lot of "guards" in Houston that wouldn't get commissioned and just worked directly for businesses. When HPD would encounter them the County DA wouldn't take gun charges out on them if they were on private property. They would pop them for other charges but not the gun charges.

I do have a key to the property and run a lot of the day to day tasks. I normally oversee daytime operations but a lot of our employees have quit so I've had to start taking over some of the night time operations. I highly doubt I would ever be but I really don't want to take the chance of being in a situation where I'm defenseless. I always carry a knife with me wherever I go.

SewTexas wrote:19, you're so young, I guess there's no chance of you just getting a job in a better neighborhood? Mom probably asked that too, right? yeh, I'm the neighbhorhood mom around here. I don't really see how you can legally carry at your job, and you really don't want to mess up, get in trouble and really ruin things for the rest of your life. you can have a long gun in your car, but that doesn't help you much in the building. Sooooo, if you're closing, are you doing it by yourself, if so, before others leave, run out, move your car closer to the door, when just one person is left, go out bring a long gun in. While tricky should be perfectly legal and you're much safer.

can someone under 21 carry under MPA? I did not know that....interesting....I like that....for my 20 year old daughter, I like that....it's better than nothing when they go to the movie.

I can't park closer which doesn't help and the gun being in my car won't help me if the situation does arise.

bulinm wrote:Well, raise my rent, I guess I better bone up on the law. I was under the impression it was against the law for
a person under 21 to possess a handgun under any circumstances.

I'm embarrassed.

Depends on the State. For Texas it is perfectly legal to own a handgun if you are under 21. You can't just buy it from an FFL so private sales are perfectly legal as long as you are over the age of 18. That's how I purchased my handgun and it's mainly for home defense. A Sig Sauer P226 to be specific. Got a good deal for it.


Other Details:

I work at a lighted driving range which is a public facility right outside of the city of Longview in East Texas. So we are open sometimes as late as 2 a.m.. (Don't ask why we have been open that late ) There's a gas station across the street where some shady characters hang out which is my biggest concern. That and our Pro Shop sells some expensive merchandise and has been the reason why it has been broken into and vandalized in the past.

As far as legal I am aware that you can open carry on private property while hunting if you have the owners permission. Main reason why I was asking if anyone knew if it would legally be okay if I had the owners permission as he trusts me and I have taken him shooting a couple of times.

I've been researching the legal for a while and can't seem to find a definite answer in regards to consent from the owner.

Edit:

Thanks for all who have taken the time to answer! Greatly appreciate it.

"I THINK" you can open carry a rifle of shotgun at the age of 18 no license needed . I'll look it up. Might be in your way at work but at least going from car to work and work to car you would be able to protect yourself.