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CHL Dilemma Question
Posted: Wed Apr 04, 2012 12:28 am
by Sunrise Beach
The dilemma is I happen to stop at a friend's house while I am out and about. I am invited inside. I am carrying but do not want to leave my gun in my truck nor tell my friends I am carrying. What is the LEGAL obligation?
Re: CHL Dilemma Question
Posted: Wed Apr 04, 2012 12:31 am
by 74novaman
There is no legal obligation to inform anyone but an LEO that you are armed.
Re: CHL Dilemma Question
Posted: Wed Apr 04, 2012 5:13 am
by jmra
We are blessed to live in Texas. Unless your friend has a 30.06 sign posted on his door or has verbally told you he does not want anyone (or you specifically) bringing guns into his home, carry on with sealed lips. Now if you were visiting a friend in AR or LA you are required to inform the home owner prior to entering the door. I hate leaving the gun in the car parked on the street in uptown New Orleans when visiting the wife's elderly Aunts.
Re: CHL Dilemma Question
Posted: Wed Apr 04, 2012 6:39 am
by C-dub
Has someone told you otherwise? In LA, one must inform another homeowner that they are armed before entering their residence, but that is not the case here in Texas.
Re: CHL Dilemma Question
Posted: Wed Apr 04, 2012 8:11 am
by Keith B
C-dub wrote:Has someone told you otherwise? In LA, one must inform another homeowner that they are armed before entering their residence, but that is not the case here in Texas.
You also have to do this in Arkansas.
Re: CHL Dilemma Question
Posted: Wed Apr 04, 2012 8:40 am
by Greybeard
IIRC, North Carolina too. Pretty wierd.
Thank God for Texas. If it's concealed, you will be the only one who knows anyway.
Re: CHL Dilemma Question
Posted: Wed Apr 04, 2012 8:54 am
by 74novaman
Yeah I should have added: "in Texas". Handgun and chl laws vary by state, so if you're going across state lines check out handgunlaw.us
Re: CHL Dilemma Question
Posted: Wed Apr 04, 2012 1:43 pm
by Kadelic
I was just wondering this myself. My CHL instructor was right about things making more sense in Texas than in other state.
Re: CHL Dilemma Question
Posted: Wed Apr 04, 2012 6:00 pm
by C-dub
Kadelic wrote:I was just wondering this myself. My CHL instructor was right about things making more sense in Texas than in other state.
For a lot of things that is correct, but there are some things that still don't. One example is the requirement to show your license to an officer (if you're carrying at the time) that is not there if carrying under the MPA.
Re: CHL Dilemma Question
Posted: Wed Apr 04, 2012 6:34 pm
by 74novaman
C-dub wrote:Kadelic wrote:I was just wondering this myself. My CHL instructor was right about things making more sense in Texas than in other state.
For a lot of things that is correct, but there are some things that still don't. One example is the requirement to show your license to an officer (if you're carrying at the time) that is not there if carrying under the MPA.
And to make that more confusing, there is no PENALTY for failing to show an LEO your license when pulled over, but its still REQUIRED.
Re: CHL Dilemma Question
Posted: Wed Apr 04, 2012 6:43 pm
by C-dub
74novaman wrote:C-dub wrote:Kadelic wrote:I was just wondering this myself. My CHL instructor was right about things making more sense in Texas than in other state.
For a lot of things that is correct, but there are some things that still don't. One example is the requirement to show your license to an officer (if you're carrying at the time) that is not there if carrying under the MPA.
And to make that more confusing, there is no PENALTY for failing to show an LEO your license when pulled over, but its still REQUIRED.
Maybe that one makes sense and is just one step closer to removing the requirement.
Re: CHL Dilemma Question
Posted: Wed Apr 04, 2012 7:09 pm
by 74novaman
If there is no penalty for failing to comply then it has been effectively removed, if not legally removed.
Seems like a silly thing to me, but this is the same legislature who can't strike out churches/amusment parks from prohibited places...they have to go add another subsection saying the previous subsection doesn't count anymore, so....
Re: CHL Dilemma Question
Posted: Thu Apr 05, 2012 7:31 am
by sjfcontrol
74novaman wrote:If there is no penalty for failing to comply then it has been effectively removed, if not legally removed.
Seems like a silly thing to me, but this is the same legislature who can't strike out churches/amusment parks from prohibited places...they have to go add another subsection saying the previous subsection doesn't count anymore, so....
Actually, it DOES count. It's a technicality, but...
If you eliminated the section for churches (for example) from the law, and then carried into a properly 30.06-posted church, you would be guilty of violating PC 30.06.
However, with the law as written, carrying into a properly posted church would mean you've violated BOTH 30.06 and 46.035(b)(6). So you've now broken TWO laws, not just one.
(i.e., 46.035(i) says that Subsection (b)(6) (and others)
still applies if the actor IS given effective notice. -- Removing the silly double negatives.)
Re: CHL Dilemma Question
Posted: Fri Apr 06, 2012 8:48 pm
by GaryTx
C-dub wrote:Has someone told you otherwise? In LA, one must inform another homeowner that they are armed before entering their residence, but that is not the case here in Texas.
Another good reason to avoid Kalifornia.
Re: CHL Dilemma Question
Posted: Fri Apr 06, 2012 9:12 pm
by Carry-a-Kimber
GaryTx wrote:C-dub wrote:Has someone told you otherwise? In LA, one must inform another homeowner that they are armed before entering their residence, but that is not the case here in Texas.
Another good reason to avoid Kalifornia.
LA = Louisiana