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Carry at work without CHL?
Posted: Sun May 01, 2011 5:23 pm
by CJD
Sorry if this has been posted before, I tried to find it but couldn't. If you don't have your CHL yet, what are the laws regarding carrying at work? My main question, if they tell you it is allowed, is it then legal while you're at work? Or do you HAVE to have CHL to carry in public places? I work at a resort. Thanks. (note: please don't respond with "just get your CHL" because at the present I am only 20, believe me, I would if I could).
Re: Carry at work without CHL?
Posted: Sun May 01, 2011 5:32 pm
by Teamless
It is my belief that the only way you could carry at work was if it was Open Carry (like gun store employees and such)
In order to carry concealed, you would have to have your license.
Re: Carry at work without CHL?
Posted: Sun May 01, 2011 5:35 pm
by srothstein
The law says you cannot carry a pistol unless you meet one of several exceptions. One exception is the CHL, but another is property under your control. In addition to what you own, this means that you can carry at work IF you control the property. In other words, the manager can legally carry. But, the bad news is that there is no provision in the law for someone to give you permission to break the law and carry on their property. This means that you cannot legally carry at your friend's ranch unless you are hunting or something similar, even though the friend does not mind. It also means that you boss cannot give you permission to carry unless you are placed in control of the property. The company could let the managers carry though.
And be very careful of carrying at work, even if you get a CHL. If the manger mentions something like your helping defend them in case of a robbery, he is skirting the law on armed security. Even with a CHL, you cannot "work" security without the proper licenses.
Re: Carry at work without CHL?
Posted: Sun May 01, 2011 6:07 pm
by boba
CJD wrote:Sorry if this has been posted before, I tried to find it but couldn't. If you don't have your CHL yet, what are the laws regarding carrying at work?
If it's your company and you own or lease the building, you can carry the same as in your home.
If it's not your company, but you control the premises (e.g. general manager) that's premises under your control and you can carry, same as above.
If it's not your company, but you have permission, you may not get fired for carrying but it's not legal to carry there without a CHL, with a few narrow exceptions. The police may not arrest you if you work in a gun store (or conceal good
) but that doesn't mean it's legal.
From
the horse's mouth.
Re: Carry at work without CHL?
Posted: Sun May 01, 2011 8:13 pm
by CJD
Thanks for all the responses! It's rather unfortunate, however. We need constitutional carry
Re: Carry at work without CHL?
Posted: Mon May 02, 2011 1:47 pm
by djjoshuad
It's my understanding that one does not need to have any specific title to "control" the property. At my gun range, *all* employees openly carry. There is nothing in the law (that I can find) that makes any distinction for gun range or gun store employees. The way I interpret the law is that the protection of any private property or business can be entrusted to anyone at any time, at the property/business owner's discretion. Assuming that said person can legally own a firearm, this would mean that they were legally able to carry a firearm on the property they have been entrusted with protecting.
Re: Carry at work without CHL?
Posted: Mon May 02, 2011 2:09 pm
by Shoot Straight
djjoshuad wrote:The way I interpret the law is that the protection of any private property or business can be entrusted to anyone at any time, at the property/business owner's discretion. Assuming that said person can legally own a firearm, this would mean that they were legally able to carry a firearm on the property they have been entrusted with protecting.
I suggest people read the Texas laws concerning private security before following that advice.
Unless you're a lawyer and that's legal advice.
Re: Carry at work without CHL?
Posted: Mon May 02, 2011 2:30 pm
by djjoshuad
I am not a lawyer, that is just my interpretation of the law. I fully agree that anyone with a need for legal advice should seek that advice from an attorney. I was just giving my opinion, as others have done in this very thread...
Re: Carry at work without CHL?
Posted: Mon May 02, 2011 5:11 pm
by SewTexas
in most states "constitutional carry" as I understand it doesn't begin until 21, hey, I understand and wouldn't mind if it began a bit younger, I would kinda like for my daughter to be able to carry if she ends up taking night classes at college....other times, however the thought of a hormonal 18 year old carrying on a college campus....well....maybe those legislators have a good idea
Sounds like you might work in a not so good situation??? this may sound very uhhh "Mom-ish" but is it possible for you to look into other job opportunities for a year or so?
Re: Carry at work without CHL?
Posted: Mon May 02, 2011 5:33 pm
by denwego
I'd argue that anyone who owns or controls a property in a legally controlling way can "allow" someone to carry a handgun/illegal knife/club on their real property. One of the fundamental rights of owning property in the first place is the ability to devolve the powers you have in owning it down upon other people; they could hold a lease, or you could allow them to cut some wood, or tell them that they can allow others to do the same. It's inherent in having meaningful control that you can allow others to have meaningful control as well; that's how a business owner can appoint a manager to run a store, whether he's absent or not.
I'd argue that if I own a home and the land it's on, and I want to let someone carry a handgun on my land, I can grant them whatever control be necessary for them to do just that. Hell, for you "wrap not the ride" crowd, imagine it playing out in court:
Prosecutor - The defendant was carrying a handgun on your land without a permit.
Owner - Yep, I gave him whatever control over my property needed to carry one.
Prosecutor - You can't do that.
Owner - It's my land. I granted him a verbal lease for entirely and exclusively for that purpose. Please prove that I didn't, or that I can't.
Prosecutor - ....
---
That said, this is NOT to let someone be a security guard without the proper licensure, since that's a whole other deal. But I think my point holds quite a bit of water, though IANAL
Re: Carry at work without CHL?
Posted: Mon May 02, 2011 8:43 pm
by Divided Attention
It is my understanding you cannot purchase a handgun or ammo for a handgun until you are 21... I know 21 seems like forever away, but wait until you are more than twice the other side
So - can you show us how you are gonna conceal your longarm?
Re: Carry at work without CHL?
Posted: Mon May 02, 2011 9:34 pm
by AdioSS
Last year, my primary job was as a security guard on a private ranch. I took the classes for a Level 3 (Commissioned) Security Officer & for a CHL, but before either of those licenses made it to me, I carried concealed on the job. I did get griped at when I took a shot at a bobcat that was a bit too friendly near the parking lot, but otherwise didn't discuss it much. There were other wild animals (4 & 2 legged) I saw out there that could definitely ruin a person's day/night if put in a compromising situation without a way to defend one's self. The way that I read the law was that I was "in control of" the property while working there.
However, there are some strange laws where a uniformed security officer cannot carry concealed, so I was likely breaking the law. I don't like that not being allowed to carry a BUG. I mean, I was licensed to open carry, so what's the difference in whether or not I carried concealed also?
Re: Carry at work without CHL?
Posted: Tue May 03, 2011 3:10 pm
by SewTexas
Divided has the main point.....all of us missed in dealing with the rest of it......you aren't old enough to have a handgun...plain and simple. no way around that one.
Re: Carry at work without CHL?
Posted: Tue May 03, 2011 3:14 pm
by Hoi Polloi
SewTexas wrote:Divided has the main point.....all of us missed in dealing with the rest of it......you aren't old enough to have a handgun...plain and simple. no way around that one.
You can OWN a handgun at 18. You can't BUY one from a gun dealer until 21. You can purchase through a private sale, but you can't then carry it in public without a CHL, which you can't get until 21. Sooo... we're back at Square One.
Can you legally carry (open or concealed) on someone else's property without a CHL? If so, he can. If not, he can't.
Re: Carry at work without CHL?
Posted: Tue May 03, 2011 3:58 pm
by CJD
Hoi Polloi wrote:SewTexas wrote:Divided has the main point.....all of us missed in dealing with the rest of it......you aren't old enough to have a handgun...plain and simple. no way around that one.
You can OWN a handgun at 18. You can't BUY one from a gun dealer until 21. You can purchase through a private sale, but you can't then carry it in public without a CHL, which you can't get until 21. Sooo... we're back at Square One.
Can you legally carry (open or concealed) on someone else's property without a CHL? If so, he can. If not, he can't.
Yay someone who knows the law! Haha. Soooo many people think under 21 can't POSSESS handgun, which is incorrect.