do I need a CHL for this?

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craig_o
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do I need a CHL for this?

#1

Post by craig_o »

wondering what the legality on this might be:

assuming I was spending the night with my girlfriend at her parents' house, which she is taking care of, is it legal for me to bring my gun over there for the night?
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seamusTX
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Re: do I need a CHL for this?

#2

Post by seamusTX »

Technically you need a CHL to carry a handgun on premises that you do not own or control (except for circumstances such as traveling and hunting).

Probably the best legal solution is to bring a shotgun.

- Jim
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longtooth
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Re: do I need a CHL for this?

#3

Post by longtooth »

seamusTX wrote:Technically you need a CHL to carry a handgun on premises that you do not own or control (except for circumstances such as traveling and hunting).

Probably the best legal solution is to bring a shotgun.

- Jim

and set an early date for a CHL class.
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Greybeard
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Re: do I need a CHL for this?

#4

Post by Greybeard »

"bring a shotgun"

And ya might want it not to be too handy just in case her Dad comes home early. ;-)
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DoubleJ
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Re: do I need a CHL for this?

#5

Post by DoubleJ »

Greybeard wrote:"bring a shotgun"

And ya might want it not to be too handy just in case her Dad comes home early. ;-)
:mrgreen:
FWIW, IIRC, AFAIK, FTMP, IANAL. YMMV.
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Keith B
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Re: do I need a CHL for this?

#6

Post by Keith B »

Greybeard wrote:"bring a shotgun"

And ya might want it not to be too handy just in case her Dad comes home early. ;-)
And then her Dad can paint it white to make it a formal wedding! "rlol"

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M9FAN
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Re: do I need a CHL for this?

#7

Post by M9FAN »

Keith B wrote:
Greybeard wrote:"bring a shotgun"

And ya might want it not to be too handy just in case her Dad comes home early. ;-)
And then her Dad can paint it white to make it a formal wedding! "rlol"

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NcongruNt
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Re: do I need a CHL for this?

#8

Post by NcongruNt »

seamusTX wrote:Technically you need a CHL to carry a handgun on premises that you do not own or control (except for circumstances such as traveling and hunting).

Probably the best legal solution is to bring a shotgun.

- Jim
Although, technically it could be argued that he is acting as a resident, if consent has been given by the owner for him to stay there. In the case where someone who was allowed to stay in a home (even without rent or a lease), it is generally upheld that the person is a resident of that premises. This is usually argued in cases where a person wants to kick out someone whom they allowed to stay as a favor, but I can see how it can apply in this situation as well.

I'd say that if the parents know you are staying there, you have at least temporary status as a resident, and could keep your gun with you. It appears that the girlfriend has been given control of the premises, and has given permission to craig_o to reside in the house with her temporarily. I am not a lawyer, but I'd certainly feel legally covered in that situation. I'd like to hear others' opinions on this as well, for the sake of discussion.
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seamusTX
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Re: do I need a CHL for this?

#9

Post by seamusTX »

The question of control is who can allow or deny access. The young lady can order the young man to leave. He cannot order her to leave, nor rightfully allow access to a third party.

If the situation ever came to that, the lawyer bills would be ruinous.

- Jim
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legend
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Re: do I need a CHL for this?

#10

Post by legend »

craig_o wrote:assuming I was spending the night with my girlfriend at her parents' house, which she is taking care of, is it legal for me to bring my gun over there for the night?
I would be amazed if it were NOT legal to have it there... I would take mine for sure, even if I didn't have my CHL...
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seamusTX
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Re: do I need a CHL for this?

#11

Post by seamusTX »

legend wrote:I would be amazed if it were NOT legal to have it there... I would take mine for sure, even if I didn't have my CHL...
Be amazed. Read PC§ 46.02: http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm

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boomerang
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Re: do I need a CHL for this?

#12

Post by boomerang »

I don't think there's any law against his girlfriend having a gun at the house. :mrgreen:
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OnTexasTime
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Re: do I need a CHL for this?

#13

Post by OnTexasTime »

Not the question -- but I have always felt obligated to inform my host that I have my handgun with me anytime I have stayed over in somebody's home. Never been a problem with any of my friend's. In one case when staying with friends with four kids in the house I made the decision to keep my gun locked in the car and since these friends know I carry, I informed them where my handgun was.
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seamusTX
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Re: do I need a CHL for this?

#14

Post by seamusTX »

Russell wrote:That's interesting though that if you are spending the night at somebodies house and you have your handgun open on the nightstand next to you you are technically committing a felony.
It would not be a felony. It would be either unlawful carry (PC §46.02) or failure to conceal by a CHL (PC §46.035(a)), both class A misdemeanors.

The O.P. asked what was legal. I don't make the law. I am not a lawyer. When answering this kind of speculative question, I try to think like the most hard-nosed cop or prosecutor, because that is the worst-case scenario.

As a practical matter, the police can't legally come into a private home without notice (though they have made mistakes, in which case evidence is not admissible at trial). You can get away with a lot. Also, if you have to defend yourself, and you are not a prohibited person (felon), no one seems concerned with the letter of the law.

- Jim
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