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OC with out of state CHL
Posted: Thu Dec 03, 2015 11:21 am
by LikWid
I've been given different answers, by different people. So let's see what you guys have to say about it...
I have a FL CHL, does this give me the legal right to OC in Texas come Jan. 1st?
Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 11:33 am
by RetNavy
my understanding is if you have a valid licence recognized by the state then your legal to OCwill have to follow statelaw... i.e knowingwhre and where not you can carry
Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 12:05 pm
by ScottDLS
LikWid wrote:I've been given different answers, by different people. So let's see what you guys have to say about it...
I have a FL CHL, does this give me the legal right to OC in Texas come Jan. 1st?
YES. You can carry in accordance with Texas state law (open/concealed) because your Florida license is recognized by Texas.
Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.

Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 12:31 pm
by The Annoyed Man
ScottDLS wrote:LikWid wrote:I've been given different answers, by different people. So let's see what you guys have to say about it...
I have a FL CHL, does this give me the legal right to OC in Texas come Jan. 1st?
YES. You can carry in accordance with Texas state law (open/concealed) because your Florida license is recognized by Texas.
Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.

That interpretation may or may not be valid, but it isn't something any sane person would want to tempt fate with while OC'ing. You can probably get away with it while CC'ing on an out of state license.....after all, concealed is concealed, right? But if OC'ing near a school, it is almost certain to get some dust bunny-brained person to hyperventilating and call the fuzz, and God help you if you also happen to be wearing 5.11 pants or something like that. And if the police get called - particularly in light of yesterday's events in a GFSZA building - they will come, and you can't count on the individual LEOs having a complete understanding of the law.
Especially in some cities.
Not saying it's right, but I think it is a real consideration for any sentient person to take under advisement before OC'ing in a GFSZA area. Then proceed as your lights dictate, willing to accept the consequences if you're wrong.
Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 1:09 pm
by Glockster
The Annoyed Man wrote:ScottDLS wrote:LikWid wrote:I've been given different answers, by different people. So let's see what you guys have to say about it...
I have a FL CHL, does this give me the legal right to OC in Texas come Jan. 1st?
YES. You can carry in accordance with Texas state law (open/concealed) because your Florida license is recognized by Texas.
Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.

That interpretation may or may not be valid, but it isn't something any sane person would want to tempt fate with while OC'ing. You can probably get away with it while CC'ing on an out of state license.....after all, concealed is concealed, right? But if OC'ing near a school, it is almost certain to get some dust bunny-brained person to hyperventilating and call the fuzz, and God help you if you also happen to be wearing 5.11 pants or something like that. And if the police get called - particularly in light of yesterday's events in a GFSZA building - they will come, and you can't count on the individual LEOs having a complete understanding of the law.
Especially in some cities.
Not saying it's right, but I think it is a real consideration for any sentient person to take under advisement before OC'ing in a GFSZA area. Then proceed as your lights dictate, willing to accept the consequences if you're wrong.
Yeah, and even if I OC, I'd certainly avoid doing that anywhere near a school (or other prohibited place for that matter) as I'd think that the odds of a MWAG call would not be in your favor near a school.
Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 1:20 pm
by LikWid
Thanks for the responses everyone. I figured I could OC, but wanted to get more insight first. Also, would never OC on a school campus, so not really a big concern for me

Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 2:49 pm
by RoyGBiv
The Annoyed Man wrote:ScottDLS wrote:Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.

That interpretation may or may not be valid,
https://upload.wikimedia.org/wikipedia/ ... 3gfsza.pdf
See paragraphs 4 and 5 on page 1.
Personal opinion...... It would be extremely unwise to OC near a school with only an out of State license.
Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 3:06 pm
by ScottDLS
RoyGBiv wrote:The Annoyed Man wrote:ScottDLS wrote:Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.

That interpretation may or may not be valid,
https://upload.wikimedia.org/wikipedia/ ... 3gfsza.pdf
See paragraphs 4 and 5 on page 1.
Personal opinion...... It would be extremely unwise to OC near a school with only an out of State license.
It is also unwise to drive through a school zone under MPA, or to carry at all near a school in Vermont. Or to have a long gun in your car while driving through a school zone..., or for an off duty cop to carry in SZ under LEOSA....

Just another one of the "Three Felonies A Day".

Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 3:07 pm
by Pariah3j
LikWid wrote:Thanks for the responses everyone. I figured I could OC, but wanted to get more insight first. Also, would never OC on a school campus, so not really a big concern for me

Its not just on the campus - if I understand correctly its 1000' from the grounds (or is it the actual premises ?) Not sure exactly where they start measuring the 1000' from though...
Point being that I don't know how alot of schools are setup, but thinking about my old High School, there are several businesses and places that I could see myself legitimately OC'ing at while doing my daily business but being that its only a 4 lane road division in-between the school and those businesses, with an out of state licence you would be well within that range no matter where they started measuring... Just food for thought.
Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 4:07 pm
by RoyGBiv
ScottDLS wrote:RoyGBiv wrote:The Annoyed Man wrote:ScottDLS wrote:Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.

That interpretation may or may not be valid,
https://upload.wikimedia.org/wikipedia/ ... 3gfsza.pdf
See paragraphs 4 and 5 on page 1.
Personal opinion...... It would be extremely unwise to OC near a school with only an out of State license.
It is also unwise to drive through a school zone under MPA, or to carry at all near a school in Vermont. Or to have a long gun in your car while driving through a school zone..., or for an off duty cop to carry in SZ under LEOSA....

Just another one of the "Three Felonies A Day".

None of those violations of law would be visible to the casual observer, unlike OC.
Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 4:09 pm
by ScottDLS
It's only a felony if you get caught...

Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 6:26 pm
by The Annoyed Man
RoyGBiv wrote:The Annoyed Man wrote:ScottDLS wrote:Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.

That interpretation may or may not be valid,
https://upload.wikimedia.org/wikipedia/ ... 3gfsza.pdf
See paragraphs 4 and 5 on page 1.
Personal opinion...... It would be extremely unwise to OC near a school with only an out of State license.
Thank you for the link. Here is the pertinent part:
ScottDLS wrote:It's only a felony if you get caught...

Which goes to the OP's original question. I am NOT advising him to carry a gun in a GFSZ because it would not be legal at all in Texas on his FL license. But that said, concealed is concealed, and barring some kind of police interaction, he would not be likely to get caught......whereas OC in a GFSZ on an out of state license is just begging for trouble.
Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 6:52 pm
by ScottDLS
Under Texas law it is perfectly legal to open carry in a school zone on a FL license. But it might be a violation of Federal law. If you don't want to be the proverbial TEST case, don't do it, and don't CC either, and don't carry a long gun, and don't carry at all in Vermont in a school zone.

Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 9:37 pm
by o b juan
Well maybe an out of stater will walk past the school around the corner from me .. Then you guys that are thinking about testing the Law will find out.
ROTSARUCK to open carry Tx disciples

Re: OC with out of state CHL
Posted: Thu Dec 03, 2015 11:54 pm
by locke_n_load
I live in a GFSZ - about 800 feet from the school property in fact.
I go for walks in the evening with my family - and I will OC. I will OC on my way to/from work as well. I have a Texas CHL.
GFSZ law is just stupid.