No CHL! How to avoid problems?

[Gold3n]

Hello everyone. I'm new to the forum and was hoping to get some information to clear a few things up. First of all I don't have a CHL. I never bothered trying to get one because it's highly unlikely that I would qualify. I've gotten myself into quite a bit of trouble in the past and there's not much I can do now to change that. The worst thing probably holding me back from getting a CHL is an Aggravated Assault with a Deadly weapon charge I received when I was 16. I was charged as a juvenile and agreed to 1 year probation with a lesser charge of assault. When I turned 18, I received a class C misdemeanor theft charge and then a misdemeanor evading arrest charge in my mid teens. I'm 34 now and haven't been in any legal trouble for about 7 years or so. I was wondering if it will ever be possible for me to qualify or most likely not due to the assault charge?

Anyways, if I can't get a CHL then I will need to know how to legally carry a firearm in Texas without a CHL. Would a CHL class help with understanding the laws to carry without a CHL since I probably won't be able to get the license? I realized most of my life I might have carried illegally in certain situations because I don't have a license to do so. I've been carrying guns on my person and in my vehicles since I was 18. This weapons law actually concerns me a lot because I can't afford to get into any more legal troubles or worse. I usually don't carry my gun into stores or onto peoples property without there consent but there has been a few times that I wasn't sure if I was breaking the law or not.

For example having a loaded gun on my person in a holster while outside of my vehicle pumping gas. I never bring it into the store and if I need to go into the store I un-holster my weapon and put it under the driver seat or glove compartment. Sometimes I get lazy and just lay a towel over it sitting on my passenger seat. Usually when I'm driving it's in my holster or stuffed between the crevice of the driver seat and center console for fast access. Of course if I get pulled over by police the gun goes into the glove compartment with the quickness before I even stop. Always concealed when it needs to be. Then again sometimes when I'm driving my truck I have rifles and sometimes a shotgun laying visible in my backseat. I'm about 99% sure that's legal though because if not I would have been arrested by now. Actually remembering the time I got pulled over and had an AK47 and a 30_06 rifle laying in my backseat. Officer said, "Jesus Christ boy! what the heck are you doing?" lol

Well anyways that is my routine for carrying inside my vehicle and clearing my weapon from sight if pulled over by police for any reason. I definitely don't want to make any law enforcement concerned for his or her well being or worse get shot because they notice I have a firearm. So it always goes into the glove box in that situation. Which is sometimes tricky because I drive a manual sports car now.

Other than that I have consent to carry my weapon to my business location inside and around. This I also researched and believe is legal?

So basically I'm not confident that I'm following the law 100% when I carry daily. Any advise that could help please let me know. I'm actually considering spending the money for the CHL class even though I won't apply to get the license.

[mikeloc]

Download and read this book.

http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false;

GC §411.172. ELIGIBILITY.
(a) A person is eligible for a license to
carry a concealed handgun if the person

(13),
has not, in the 10 years preceding the date of application, been
adjudicated as having engaged in delinquent conduct violating a penal
law of the grade of felony; and

if you were 16 that's over 10 years ago, but you may have other problems. Read the book.

[Grillmark55]

Go to PC 30.05 and PC 46.02 & PC 46.03 for carrying without a license.
I'm not a lawyer, but the way I read it is that if you aren't in your home or vehicle, or between the two, you cannot carry a concealed handgun (thus the need to have a license to carry one anyplace else) unless you have specific permission by the owner of the property.

As far as laying it on your seat in your car or truck with a towel over it, IMHO that is not concealed. I have not been stopped very often for traffic violations, but one thing that I have been told by a couple of LEO friends is "Do NOT do anything other than sit with your hands on the steering wheel until we get to your window. If we see you moving around in your car we get very nervous and very suspicious."

[Beiruty]

It looks you have been carrying without a license. You can keep a firearm in your car and at home with no license. On your body? no you cannot, unless hunting or shooting at a range, or from/to house/car.

Attend a CHL course, get your CHL and do not risk getting busted carrying with no CHL.

[jbarn]

Hello everyone. I'm new to the forum and was hoping to get some information to clear a few things up. First of all I don't have a CHL. I never bothered trying to get one because it's highly unlikely that I would qualify. I've gotten myself into quite a bit of trouble in the past and there's not much I can do now to change that. The worst thing probably holding me back from getting a CHL is an Aggravated Assault with a Deadly weapon charge I received when I was 16. I was charged as a juvenile and agreed to 1 year probation with a lesser charge of assault. When I turned 18, I received a class C misdemeanor theft charge and then a misdemeanor evading arrest charge in my mid teens. I'm 34 now and haven't been in any legal trouble for about 7 years or so. I was wondering if it will ever be possible for me to qualify or most likely not due to the assault charge?

As has been shown here already, your juvenile adjudication is no longer something that disqualifies you, if in fact you were not tried as an adult.

The class C is not a disqualifier, and other misdemeanors will disqualify you only for 5 years.

It appears to me, based solely on what you have written, that you are eligible.

For example having a loaded gun on my person in a holster while outside of my vehicle pumping gas. I never bring it into the store and if I need to go into the store I un-holster my weapon and put it under the driver seat or glove compartment. Sometimes I get lazy and just lay a towel over it sitting on my passenger seat. Usually when I'm driving it's in my holster or stuffed between the crevice of the driver seat and center console for fast access. Of course if I get pulled over by police the gun goes into the glove compartment with the quickness before I even stop. Always concealed when it needs to be.

Under penal code 46.02 a non licensee may carry a handgun on or about his person inside of or enroute to a motor vehicle that he owns or is under his comtrol. However, there are 4 requirments or the carry is illegal.

1. The handgun cannot be in plain view
2. You cannot be prohibited by law from possesing a firearm
3. You cannot be committing a crime (class c traffic offense excepted)
4. You cannot be a member of a criminal street gang.

Placing the gun under a towel is not really a good idea when the vehicle is in motion. Think about inertia and collisions and maneuvers when driving.

Do not be making movements like stuffing your gun in the glovebox when stopped by the police.

Regarding having your gun on you while you get gas, the above does not allow for that. Penal code 46.15(b) has additional circumstances where carrying a handgun is legal. One of those is while traveling. Traveling is not defined in the code, but gassing your car while just going about your normal day would not qualify, I do not think.

Then again sometimes when I'm driving my truck I have rifles and sometimes a shotgun laying visible in my backseat. I'm about 99% sure that's legal though because if not I would have been arrested by now. Actually remembering the time I got pulled over and had an AK47 and a 30_06 rifle laying in my backseat. Officer said, "Jesus Christ boy! what the heck are you doing?" lol

As long as thenrifles and shotgun is of legal lengths then carry in your vehicle is not a problem.

Other than that I have consent to carry my weapon to my business location inside and around. This I also researched and believe is legal?

There is no exception for a non CHL holder to carry with consent of anyone. You CAN carry on your own premises or premises under your control, so the question is what do you do where you work? Do you have control of the premises?

I would be amiss if I didn't warn you about the Federal Gun Free School Zone act. Basically, without a CHL it is unlawful to posses a firearm within 1,000 feet of a school. Homes are excepted.
Hope that offers some insight for you....

[txglock21]

Welcome to the forum. One post so far, hope you come back. Like others mentioned above, try to get your CHL. Unless there are other things not mentioned in your OP, you should be eligible. Otherwise, you are breaking the law in some of the things you described.

[RoyGBiv]

If you feel like posting your list of infractions, including dates, you might get a firmer answer.
What did you do 7 years ago that got you in trouble? if it was a felony, you're not eligible currently.

ETA: 2 class B misdemeanors within the last 10 years involving alcohol or controlled substances will also disqualify you until you exit the 10-year window.

(c) An individual who has been convicted two times within the10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person

[chane]

I would be amiss if I didn't warn you about the Federal Gun Free School Zone act. Basically, without a CHL it is unlawful to posses a firearm within 1,000 feet of a school. Homes are excepted.
Hope that offers some insight for you....

Main reason I finally got mine last year. I carried in my vehicle between the drivers seat and console for many years. Figured that's all I needed with HB1815. When my kiddos school put up about 4 of the gun free signs by the car line I finally figured I better goto class. Now it goes everywhere with me like my phone and wallet.

[Beiruty]

If he has a felony, he can't be in possession of firearms.
Gold3n, please state if you have a felony conviction.

[jbarn]

If he has a felony, he can't be in possession of firearms.
Gold3n, please state if you have a felony conviction.

His juvenile adjudication for Agg assault is not a conviction if he was handled by the Juvenile Justice system as he indicates. I didn't see anything else in his post that would indicated a felony.

[Running Arrow Bill]

I personally have a problem with your juvenile "aggravated assault" item as well as your several conflicts with LEO's since then. At age 34 and 7 years since last problem...well...IMO you have a problem that has not completely gone away despite what the Texas CHL law says...

[jbarn]

I personally have a problem with your juvenile "aggravated assault" item as well as your several conflicts with LEO's since then. At age 34 and 7 years since last problem...well...IMO you have a problem that has not completely gone away despite what the Texas CHL law says...

Our CHL is a Shall Issue, and not a May Issue, so if he meets the requirements he gets a license despite what anyone thinks about his problem.

I am not saying I disagree with you either......

[03Lightningrocks]

Hello everyone. I'm new to the forum and was hoping to get some information to clear a few things up. First of all I don't have a CHL. I never bothered trying to get one because it's highly unlikely that I would qualify. I've gotten myself into quite a bit of trouble in the past and there's not much I can do now to change that. The worst thing probably holding me back from getting a CHL is an Aggravated Assault with a Deadly weapon charge I received when I was 16. I was charged as a juvenile and agreed to 1 year probation with a lesser charge of assault. When I turned 18, I received a class C misdemeanor theft charge and then a misdemeanor evading arrest charge in my mid teens. I'm 34 now and haven't been in any legal trouble for about 7 years or so. I was wondering if it will ever be possible for me to qualify or most likely not due to the assault charge?

Anyways, if I can't get a CHL then I will need to know how to legally carry a firearm in Texas without a CHL. Would a CHL class help with understanding the laws to carry without a CHL since I probably won't be able to get the license? I realized most of my life I might have carried illegally in certain situations because I don't have a license to do so. I've been carrying guns on my person and in my vehicles since I was 18. This weapons law actually concerns me a lot because I can't afford to get into any more legal troubles or worse. I usually don't carry my gun into stores or onto peoples property without there consent but there has been a few times that I wasn't sure if I was breaking the law or not.

For example having a loaded gun on my person in a holster while outside of my vehicle pumping gas. I never bring it into the store and if I need to go into the store I un-holster my weapon and put it under the driver seat or glove compartment. Sometimes I get lazy and just lay a towel over it sitting on my passenger seat. Usually when I'm driving it's in my holster or stuffed between the crevice of the driver seat and center console for fast access. Of course if I get pulled over by police the gun goes into the glove compartment with the quickness before I even stop. Always concealed when it needs to be. Then again sometimes when I'm driving my truck I have rifles and sometimes a shotgun laying visible in my backseat. I'm about 99% sure that's legal though because if not I would have been arrested by now. Actually remembering the time I got pulled over and had an AK47 and a 30_06 rifle laying in my backseat. Officer said, "Jesus Christ boy! what the heck are you doing?" lol

Well anyways that is my routine for carrying inside my vehicle and clearing my weapon from sight if pulled over by police for any reason. I definitely don't want to make any law enforcement concerned for his or her well being or worse get shot because they notice I have a firearm. So it always goes into the glove box in that situation. Which is sometimes tricky because I drive a manual sports car now.

Other than that I have consent to carry my weapon to my business location inside and around. This I also researched and believe is legal?

So basically I'm not confident that I'm following the law 100% when I carry daily. Any advise that could help please let me know. I'm actually considering spending the money for the CHL class even though I won't apply to get the license.

Pretty heavy stuff for a first post. i am going with troll until I see otherwise.

[mikeloc]

probably maybe

[The Annoyed Man]

Hello everyone. I'm new to the forum and was hoping to get some information to clear a few things up. First of all I don't have a CHL. I never bothered trying to get one because it's highly unlikely that I would qualify. I've gotten myself into quite a bit of trouble in the past and there's not much I can do now to change that. The worst thing probably holding me back from getting a CHL is an Aggravated Assault with a Deadly weapon charge I received when I was 16. I was charged as a juvenile and agreed to 1 year probation with a lesser charge of assault. When I turned 18, I received a class C misdemeanor theft charge and then a misdemeanor evading arrest charge in my mid teens. [#1] I'm 34 now and haven't been in any legal trouble for about 7 years or so. I was wondering if it will ever be possible for me to qualify or most likely not due to the assault charge?

Anyways, if I can't get a CHL then [#2] I will need to know how to legally carry a firearm in Texas without a CHL. Would a CHL class help with understanding the laws to carry without a CHL since I probably won't be able to get the license? I realized most of my life I might have carried illegally in certain situations because I don't have a license to do so. I've been carrying guns on my person and in my vehicles since I was 18. [#3] This weapons law actually concerns me a lot because I can't afford to get into any more legal troubles or worse. [#4] I usually [emphasis mine] don't carry my gun into stores or onto peoples property without there consent but there has been a few times that I wasn't sure if I was breaking the law or not.

For example [#5] having a loaded gun on my person in a holster while outside of my vehicle pumping gas. I never bring it into the store and if I need to go into the store I un-holster my weapon and put it under the driver seat or glove compartment. Sometimes I get lazy and just lay a towel over it sitting on my passenger seat. Usually when I'm driving it's in my holster or stuffed between the crevice of the driver seat and center console for fast access. Of course if I get pulled over by police the gun goes into the glove compartment with the quickness before I even stop. Always concealed when it needs to be. Then again sometimes when I'm driving my truck I have rifles and sometimes a shotgun laying visible in my backseat. I'm about 99% sure that's legal though because if not I would have been arrested by now. Actually remembering the time I got pulled over and had an AK47 and a 30_06 rifle laying in my backseat. Officer said, "Jesus Christ boy! what the heck are you doing?" lol

Well anyways that is my routine for carrying inside my vehicle and clearing my weapon from sight if pulled over by police for any reason. I definitely don't want to make any law enforcement concerned for his or her well being or worse get shot because they notice I have a firearm. So it always goes into the glove box in that situation. Which is sometimes tricky because I drive a manual sports car now.

Other than that I have consent to carry my weapon to my business location inside [#6] and around. This I also researched and believe is legal?

So basically [#7] I'm not confident that I'm following the law 100% when I carry daily. Any advise that could help please let me know. I'm actually considering spending the money for the CHL class even though I won't apply to get the license.

First, welcome to the forum.

Please do not take what I write next as a personal attack. These are observations based on your opening post, which raise questions you should probably address and face, whether or not you choose to discuss them in public here. I have numbered and highlighted in red the items from your post that I will address below.

1. Without knowing what you got in trouble for 7 years ago, nobody can accurately answer that question. But yes, taking the class would help you to better understand all the times you've broken the law. Beyond that, what have you done to change your life so that you stay out of trouble? That is a lot different than asking, what are you doing differently to not get caught. In other words, you can't "get caught" if you're not breaking the law. Have you changed your behavior so that you can't get caught? A couple of things below would seem to indicate that the answer is "NO, I am still engaging in behaviors in which I can get caught."
2. Unless you are an LEO, you can't legally carry a gun in Texas without a CHL. The exceptions would be:
   • Inside your own home;
   • between your home and your car;
   • inside your car, and
   • between your car and your place of business.
3. If you can't afford to get into any more trouble, why are you carrying a gun without being absolutely certain about your legal status in doing so? It sounds like you will probably continue to carry illegally if you don't get a CHL. If I were in your shoes, I would go ahead and try to get it. There's no downside. If the state decides not to issue you the license, at least you'll have gotten yourself informed in the class, and you won't be any worse off than you are right now. . . . .whereas if you persist in carrying illegally and get caught, you'll be a whole lot worse off than you would have been.
4. You can NEVER carry your gun into stores or other people's property without a CHL, unless it is your place of business, and you have the owner's permission to carry in the place of business. "Usually" doesn't cut it. When you're breaking the law, you're.......well......breaking the law. There are very few legitimate reasons for breaking the law.
5. You may not pump gas with your gun concealed on your person without a CHL. The legal protections of having a gun IN your vehicle without a CHL do not extend to OUTSIDE the vehicle......not even NEXT to the vehicle while pumping gas.
6. Nobody, not even your employer, can give you permission to break the law and carry a gun "around his location" outdoors. You can only do that inside his business (assuming you are not otherwise disqualified from being in possession of a firearm). You can carry from your car in the parking lot into his place of business, but you can't randomly walk around the parking lot carrying a gun. You can't park a half-mile away away and carry concealed from your car into the place of business. An example here would be if I were visiting a friend who owned his own home, and I wanted to open-carry a pistol in his front yard. Not even he as the home owner can give me permission to break the law and open-carry.....even if it were legal for him to do so in his own yard.
7. If you are not 100% confident that you are not breaking the law, when you "carry daily", then what the heck are you doing?

These are all things which you would be really well advised to address honestly, and to properly remedy. By far the easiest thing to do is to go ahead and get the CHL. Quit trying to self-justify and claim wiggle room which doesn't exist. Otherwise, you're just begging for that trouble you said you could no longer afford.

I know my answer sounds harsh, but I'm just trying to point out some areas where you are exposing yourself to ongoing liabilities by being in denial about the law, and I hope you decide to minimize your risk of exposure. The law can be a little convoluted sometimes, but in the areas which you specifically brought up, it is very straightforward, and it doesn't leave wiggle room for non-CHLs for stuff like carrying concealed while standing next to your car, or carrying concealed around the outside of your employer's business, etc., etc. It shows a certain ongoing "selective hearing" on your part about the law.

The problem with playing fast and loose with the law is that sooner or later you'll lose your right to keep and bear arms completely. If you'd like to avoid that, I'd leave all your toys at home until you're absolutely certain that your behavior is legal.

mikeloc posted a link to the state's CHL handbook above. You really should download a copy and read it.