Carry rules for non CHL citizens

[Winston]

Hi everyone. I'm new to the site and don't have a license to carry. There has been some situations that I'm not sure about whether or not I'm following the law 100% by carrying my pistol and wanted to clear up some questions about these situations. I usually keep a loaded gun in the glove box of my vehicle and sometimes I'll keep it in a man purse style bag that will hang off of my vehicles passenger seat. It's a Maxpedition bag that has a built in holster inside of a quick access compartment. I can access it fairly easy and sometimes prefer it there rather than in my glove box. I will try to upload some photos so you guys can see what I'm talking about. Anyhow this is mainly the way I carry a gun back and forth from my home and place of business. It mainly stays in my glove box or the bag but sometimes I feel the need to keep it on my person. I've been doing it this way for at least 15 years.

Occasionally I will put the holster on my belt on or even Mexican carry my pistol if I feel that my safety or anyone else's safety is at risk from possible threats. Some situations I've been in have made me feel uneasy about certain people and felt like I needed to have my gun on my person in case something happens. I still won't bring my weapon inside anywhere I'm not allowed (no CHL license) but I will keep it on me if I'm near my vehicle or in front of my home or business.

For example (This happened a week ago): I left my gun inside of my car to go inside of a gas station and pay for gas. Inside of the gas station there were some possible gang members hanging around and I started to feel that I could be in danger. It's that intuition you feel that something could possibly happen like getting assaulted or robbed. So as I'm filling up my gas I got inside of my vehicle and grabbed my gun to keep it on my person while filling up gas. Just in case something does happen! I don't want to have to reach into my glove box or bag if these men tried robbing or assaulting me. Sometimes I'll clearly make it obvious that I'm carrying a weapon to make these possible threats think twice before trying to do anything. This has worked for me most the time because so far I've never been robbed or assaulted after doing this. Maybe I'm just getting lucky? I've had a few minor situations where I've been harassed or bothered but never had anyone try to commit a crime against me since I started carrying a firearm. It's as if my weapon becomes a major deterrent against people who maybe thinking about committing a crime against me or anyone else that I'm with. Most of the time no one knows that I have a weapon on my person but I will sometimes intentionally keep it visible on my person to deter possible threats. Which I did do in this example. Do any of you think that I'm breaking the law or doing something wrong?

I have a lot more questions but will start off with this post. I'm thinking about taking a CHL class soon to get more information but thought I could start here. Thanks!

[Jusme]

First off welcome to the forum!!


You are allowed to carry your gun just as you described while in your vehicle. The only legal way to carry it on your person, outside of your vehicle, is on your property, or property you control, such as a business. While I understand, your reasons for carrying, on your person, while in and around sketchy, people, or circumstances, if you were forced to use it, you would be in violation, of the law.

Get your LTC, then you will be able to carry on your person all the time, with the exception, of prohibited places.

Great first post, and great questions, There are a lot of folks who are unclear on Texas carry laws.

[Winston]

Thanks for the quick response Jusme. I rarely ever have to do this but last week there were some obvious gang members at the gas station (I recognized the tattoos) that were seriously giving me the creeps and I was pretty much scared for my life. I also had my daughter with me so I felt like I didn't have a choice and needed to keep my weapon close just in case something happened. I basically got gas and got out of there as fast as I could but these questions were bothering me. What if I did have to use my weapon? Would I be in violation of the law? Thanks for clearing that up. I guess I could have gotten in trouble if I needed to defend my life. What if I left it in my glovebox or bag like usual and was able to grab and use it if needed? Would I still be in violation since I wasn't carrying it on my person?

[C-dub]

Just to be clear, carrying your handgun outside of your vehicle while not on property you own or control and going to and from your business or hone is already a violation. There are some exceptions, but filling up with gas isn’t one of them.

I think Jusme was pointing that if you did have to use it you would be in trouble because it would also be discovered that you were carrying illegally without a license. It was just unlikely you would be caught having not used it.

If it was in your vehicle and you retrieved it because your life was in danger and you had to use it you would not be I violation of the law.
Trouble is a whole different discussion.

[Winston]

Wow! I see now that I've been in violation a few times. This doesn't happen very often at all but it has happened which is why I wanted to clear some of those situations up. Guess I won't be doing that anymore. With that said....would I still be in violation to defend my life if the weapon was retrieved from my glove box or bag if I needed to use it? Obviously, the situation would determine if the DA would file charges or not but lets just say I was 100% justified for grabbing my weapon and using it to defend myself. Since the weapon wasn't being carried on my person would that change the legality?

[C-dub]

Wow! I see now that I've been in violation a few times. This doesn't happen very often at all but it has happened which is why I wanted to clear some of those situations up. Guess I won't be doing that anymore. With that said....would I still be in violation to defend my life if the weapon was retrieved from my glove box or bag if I needed to use it? Obviously, the situation would determine if the DA would file charges or not but lets just say I was 100% justified for grabbing my weapon and using it to defend myself. Since the weapon wasn't being carried on my person would that change the legality?

If the situation justified the threat of the use of deadly force or the use of deadly force then no. You would probably be fine. A bit lighter in the wallet, but otherwise fine.

[Grundy1133]

Wow! I see now that I've been in violation a few times. This doesn't happen very often at all but it has happened which is why I wanted to clear some of those situations up. Guess I won't be doing that anymore. With that said....would I still be in violation to defend my life if the weapon was retrieved from my glove box or bag if I needed to use it? Obviously, the situation would determine if the DA would file charges or not but lets just say I was 100% justified for grabbing my weapon and using it to defend myself. Since the weapon wasn't being carried on my person would that change the legality?

IMO, that’s the dreaded gray area of the law. It would depend on how antsy the DA is and which side your jury swings on. Your best bet, if you’re eligible, is to get your LTC. That way, if caught in public with gun it’ll be legal.

and if you're not eligible, last year they made it legal to openly carry swords... and of course there's always less lethal alternatives like mace and tasers...

[jonmo1]

You can legally open carry a long gun

[Winston]

Thanks for the replies and advice everyone. I never thought I needed a license because I'm usually at home or at work and never felt the need to physically carry a handgun on my person while at those places. While I'm working it would be very uncomfortable if not impossible to carry a handgun on my person 100% of the time. I also rarely ever have my handgun close by at home either because I prefer keeping an AR15 or shotgun close by in case I do get robbed. Especially for multiple criminals that have been committing violent home invasions. That actually scares me the most which is why I prefer having my rifle around when I'm at home. When I go to my business I will carry my handgun in that Maxpedition bag and keep it close. Maybe I should start carrying my rifle instead since that would be a better option for open legal carry? I thought this wasn't a good option because I don't want to look suspicious or even crazy for carrying a rifle everywhere I go. Too many anti-gun leftists out there that will probably report me for carrying it! lol

I will look into getting my CHL soon! I also might as well take some classes to get more training and information to learn how to better protect myself while following the law. Which is why I just joined this forum. I don't want to end up on the wrong side of the law.

[C-dub]

What scares me the most is the police getting the address wrong on a no-knock warrant and coming in my house.

[Winston]

Yeah that is pretty scary C-dub. I would say that if that were to happen I would comply as best as possible to their demands and hope they don't shoot! Then I would sue the police department later! lol That is one of the main reasons I feel like open carrying my rifle isn't a good idea! A fear of being mistaken for a criminal or crazy person with a weapon and being shot and killed by the police. That would definitely be a nightmare! On the other hand I'm pretty sure that police kicking in the wrong persons door rarely happens. Chances of that happening are probably the same as getting struck by lightning. But then again what do I know? I've illegally carried unknowing quite a few times in my life. Police could be out there kicking in the wrong persons door all the time for all I know? I might actually go research that now because it sounds interesting. lol

[rotor]

Any reason that you haven't gotten a LTC over the last 15 years vs. the illegality of what you are doing now?

[cmgee67]

15 years why are you just now thinking about getting your LTC? It’s not expensive and if your going to carry then carry legally. Unless Texas goes constitutional carry then you have to get an LTC. If you had to use your gun in self defense and you don’t have a license and it’s not on your property or property your in control of then you’d be in big trouble. Do I think I need a LTC? Heck no that’s a violation of my rights. But do I compromise and get a license to be legal yes. With the quick turn around times now, you should be able to do the class submit paperwork and fingerprints and have plastic in hand in less than a month. Please be careful. Don’t Mexican carry without a holster.

[Winston]

I posted above a few reason why I haven't tried to get the license yet. Mainly because I never felt the need for it with my lifestyle. I'm either at work or at home where I keep my trusted AR close. I rarely ever feel the need to carry a handgun on my person except for the types of situations I just posted about like getting gas and being around sketchy people in certain areas when out in public. Those a very rare situations and the illegal carrying has occurred less than a few handful of times. However, it has happened and I was fortunate enough to not have to use my weapon to defend myself or any of my loved ones. It happens so rarely that I haven't thought about for years but since this incident happened last week I started to wonder. Which is why I posted!

Also, if it comes down to defending any of my loved ones or catching a charge then I would have chosen to take the charge if I was morally justified in using deadly force. Whether or not if I was legally carrying on my person, I would risk the DA charging me and getting sentenced by a jury of my peers if it meant saving a family members life. My life is another story. When I'm by myself I don't feel the need to carry a firearm on my person and feel safe enough just having it in my vehicle. I do however carry a knife 100% of the time and would opt to use that first if I couldn't get to my weapon inside of my vehicle. This of course would be to defend myself from being assaulted. If I was by myself and getting robbed then I would just give them whatever they wanted and hope they leave after robbing me. Sometimes if you get robbed it will be so unexpected that you won't have the chance to draw your weapon anyways. So having it on my person could be worthless in some situations. In those situations it's probably best to give them what they want and hope you don't get killed for it.

The main reason I unknowingly decided to be in violation of the law those times was because a family members life was possibly at risk and not just my life! I guess it's like that saying, "I rather be judged by 12 than carried by 6." I had a family member with me that day and wasn't willing to take any chances that something could happen to them without me being able to stop it in time. With that said the only thing I was able to do to ensure the safety of my family was to keep my weapon on my person where it would be ready to use quickly if needed! Fortunately I didn't need to use it and we were able to leave quickly and unharmed. I do think that with everything said it will be a good decision to apply for my license. Even if I won't be carrying 24/7.