TexasCHLforum.com

Hey everyone. I was hoping someone with knowledge of the TX law could give me some advice or insight on whether or not I'm eligible for a CHL and if it would be in my best interest to get one.

I have been carrying a Glock 22 around with me legally according to my understanding of the TX law. I usually have it near me when I'm at home and when I go to my vehicle I carry it inside of a Maxpedition ccw bag so it stays concealed and somewhat easily accessible. My main reason for getting a CHL is because I go to pick-up money from a business I co-own with another person. We have been robbed a handful of few times in the past 5 years. There was 2 incidences where masked men came in with guns demanding money during business hours but usually it's break-ins overnight to steal something. Honestly I just fear for the employees and customers safety, which are mostly women including the employees. I can pray & hope it never happens again but that defeats the reasoning behind it happening the first several times. I'm also pretty sure the local news screwed up my optimism along with some other things that happened in my life such as being robbed at gun-point by 5 wanna-be thugs outside of a Jack-in-the-box drive-thru. My friends joke around and say I got Jumbo Jacked! But that's a long story I can tell later if people want to hear it. lol.

Anyways, the business I own is located inside of a shopping center and my name is the only one on the lease. My business partner is not on the lease but title is also president of the corporation. I do not know if the property owner even allows business owners to carry in the rented location they are leasing. Do I need to ask them if it's allowed or get permission? And let's say they don't allow it, would a CHL override the property owners decision? I just want to make sure that I'm legally carrying in regard to the Castle Doctrine? And also if my business partner & employees who potentially want to carry will be doing it legally as well,.... with or without a CHL?

Am I eligible for a CHL?
A few months before my 18th birthday in 1999 I was arrested and charged with a Class C misdemeanor for theft. Yes, I was a stupid immature kid who thought running out your local Kroger's with 2 cases of beer would be funny. This turned out to be one of the biggest mistakes of my life. Definitely made it hard getting jobs for awhile. I was convicted as an adult and my mother who was totally irate didn't get me a lawyer and made me take the punishment. I was sentenced to 30 days in the Harris County Jail.

Then many years later in Sept 2009 I made another bad decision by running from a police officer and then later returning to turn myself in only to get thrown to the ground and arrested. Bad Decision! Reason I made this decision is because I had marijuana on me and was scarred to death of getting arrested for it. So I ran and got rid of it in the grass. I was also probably really stoned at the time and paranoid/ scarred out of my mind when this happened. I didn't know what to do and my first instinct was to RUN!!! I have quit smoking the stuff since 2009 at the request of my family & for my own future benefit. I previously used it as a pain reliever for sports related pains, sleeping aid for the insomnia I suffered, and yes the occasional relaxation from a hard day of working a crappy 9-5. I liked the concept of medical marijuana as opposed to pain pills and numerous other stuff. At least I did before I got arrested. But since reality hit me I realized I'm only asking for more trouble if I continue to use it. So I quit!
Well after getting arrested that day I found out that the little amount of marijuana I disposed of was a class C misdemeanor and I decided to choose a Class B Evading Arrest misdemeanor over it. Yes, I felt extremely dumb about it despite my attempt to not have a drug charge on my record.

I received probation in June 2011 after multiple court resets due to the courts loosing my file the first time scheduled, then after my paid lawyer decides to reset the case date to look at evidence, she decides not to show up! Then the court gave me time to find a new lawyer. Reset! It was hell for 2 years and in the end my lawyers assistant shows up to court instead of the lawyer and advised me to take probation and get it over with. So I took the year probation in June 2011 and recently got off in June 2012. Does the 5 year time period for Class B misdemeanors start the first day the DA charged me when arrested or the date I received or finished probation?

With all this said and done, what is the estimated date I will be eligible for a CHL??? Also, do you think it's worth it with the business situation described to even bother getting a CHL? I really want to start carrying this smaller Walther PPS .40 I just purchased along with a Comp Tac Minotaur IWB holster. It's seriously a hassle to carry a Glock 22 inside of a CCW bag filled with other stuff. I'm only 5'9" and 155 lbs! It's not very practical for self defense either but it does have some potential and I can shoot it very well.

Well thanks for reading! All thoughts and information given is greatly appreciated!!!

You'll need to get copies of the official disposition from the court on these two cases. First, the 1999 case could not have been a class C if you were sentenced to jail. Second, the lowest grade of evading in the Penal code is a class A, but there are many ways that can become a felony. Without the details, nobody can tell you if you are eligible, or whether you are currently breaking the law by being in possession of a firearm.

I'm not to sure you need to be carrying a firearm. You seem to be making some poor decisions as short as 4 years ago, and those are just the ones you ar telling us about. As far as the business goes, you signed the lease agreement, what does it say?

Yes, I'm trying to be very honest about the bad decisions I've made. And honestly I haven't done many illegal things in my adult life other than the two incidents mentioned. I never stole anything from anyone ever since I was 18 but am labeled a thief for life! Yes, I have to live with that and deserve it. I'm 31 now and feel like I got my stuff together pretty well and also feel that I have the correct attitude to carry a weapon safely. I was hanging with the wrong type of people when I was younger and made some bad decisions that I take full blame for. The incident that happened in 2009 was very unfortunate for me since I was doing really good at the time. I was in college and ended up dropping out due to lawyer fees, court costs, probation, and the fact I figured I would never get a job in my field of study for a long time with this on my record. Which is one of the biggest reasons I probably ran away in the first place hoping to protect that future. All that hard work in school for nothing! Trust me! I feel bad enough about the previous decisions I've made and learned from them. I may continue school later on which brings me to now and the reason I own this business.

I guess if you consider me a drug addict for smoking weed for several years (mostly in my adolescent years) that could be arguable but other than that I have never put anyone in harms way. So in my opinion I'm not near as bad as some of the people I've met who already own a CHL. But I guess that's just my opinion.

Well I've been completely marijuana free for almost 4 years. I don't even drink alcohol and rarely ever did even before I got into my last legal troubles. Another point I'd like to make is I don't even carry my weapon with a round in the chamber just as a safety precaution. I am always safety checking my weapon and following proper gun safety rules. I keep the loaded magazine in it so I actually have to rack the slide before using it. Which I really hope I never have to do. I'm really cautious of my surroundings so carrying an unloaded weapon doesn't bother me. I can load it when needed which takes only a second or two. I also usually practice on a monthly basis. Never once had a negligent discharge. Zero incidents involving any of my firearms. So I feel I'm fairly experienced as far as owning firearms goes just not with carrying one everywhere I go. I never felt like I needed to until recently. I use to feel like a small knife was enough. Times have changed!

I also understand the proof concept when using lethal force that my life has to be in danger and is 100% provable to justify any action of lethal force such as the threat pulling a gun out on me. Which to me is the only reason I would shoot them in the first place. I really just want to learn as much as possible and stay within my legal rights! Trust me when I say I'm more afraid of doing the wrong thing and going to prison than I am of dying. So I'm not the type of person who will just jump to conclusions and start firing shots like an idiot! Regardless what other might assume, I value my freedom dearly but also my life and loved ones lives as well!

I don't think the lease mentioned anything about firearms but I'll check it to make sure. Thanks for the suggestion!

My last probation papers states I'm allowed to own a firearm and vote! So I'm legal!

Also, the charge I got for the theft was a class C misdemeanor. At least that's what the database told me when i did my own background check. I haven't done one recently since the evading thing. I also don't remember what they sentenced me for the theft but I only really spent 1 week in jail since they are usually packed with people who did a whole lot worse crimes than stealing beer. The info says I was convicted of Class C misdemeanor Theft tho? Think because it was under $50 or $100 dollars.

Also I know for a fact that it is a Class B misdemeanor for Evading Arrest on foot. It's a Felony with a motor vehicle. It says Class B on my court papers I signed to accept the probation. I did try to fight the case for a while but I was obviously wasting my time. Also, the officer was being unprofessional and had no probable cause to approach me the way he did.

A Class B Misdemeanor makes you ineligible for 5 years from the date of conviction. So, from what you have said here, the earliest you can be eligible for a CHL is June, 2016.

Awslater wrote:I don't even carry my weapon with a round in the chamber just as a safety precaution. I am always safety checking my weapon... I keep the loaded magazine in it so I actually have to rack the slide before using it... I feel I'm fairly experienced as far as owning firearms goes.

Crossfire wrote:A Class B Misdemeanor makes you ineligible for 5 years from the date of conviction. So, from what you have said here, the earliest you can be eligible for a CHL is June, 2016.

This.

As far as the lease goes, unless it specifically forbids you to possess a firearm, MPA would allow you to carry a firearm between your dwelling and your car, and between your car and place of business, and I'm pretty sure you can carry inside your business. You just have to leave the gun in the car if you exit the vehicle at any other place than your office and your home. The gun must be concealed from plain view, and the maxpedition bag is just fine from that perspective. However, check out the Wilderness Safepacker for carrying inside the car........much faster access to your firearm inside your car, and between your home and car, and your car and office: http://www.thewilderness.com/index.php? ... t=171&pg=1.

Not going to beat up on you about the pot thing. Nobody wants me for president because I discovered pot in the mid 1960s, and didn't put it down until the late 1980s. Just try to stay clean and sober for the next 5 years, and you'll be good to go. Promise me one thing though.....if you do get high, leave the gun at home. Guns and drugs are no better a combination than guns and alcohol.

As far as keeping a round chambered, there is no reason not to. You have a Glock and a PPS—two guns that are perfectly safe designs. If you have to use two hands to bring your gun into action because you had to stop and rack the slide, you're already a dead man. Thousands and thousands of cops and CHLers carry loaded guns, round chambered (and cocked and locked if it's a 1911), every day of the week and experience nary a problem. Pay attention to the safety rules and you'll be fine.

Yes, I am one of those doesn't feel the need to have a round in the chamber when I carry. I've lived 31 years without having to shoot someone and will hopefully live the rest of my life without having to do so. I just want my weapon near, semi-ready to go, just in case. Keep in mind I'm proficient with all the weapons I train with. Racking the slide to load the chamber and reloading the magazine for me only takes fractions of a second. Also I feel that your ability to sense danger before it strikes is your best defense. If someone already has a gun drawn on you it's best to not reach for your weapon if you value your life. By that time it's too late anyways! Although I do keep a round in the chamber when I pick up money. Other than that it's not loaded 90% of the time. And plus my groupings with the G22 speaks much confidence for myself even at a distance! So I don't understand why some hate on me for the way I choose to carry my weapon. I'm not a police officer and as far as I know nobody has a hit out on me? lol. I honestly feel safe enough not having it loaded the majority of the time.

I am trying to learn as much as possible about this. As for the people who don't think I should even own a gun, well all I can say is that despite some petty mistakes I made, I still have rights too! I'm not violent and have plenty of good morals and respect for life. I can't even shoot a squirrel which also make me question my ability to discharge my weapon if I really needed to. People make mistakes and sometimes making them pay with their life can't be justified. I totally understand that! So that is why I'm here trying to get as much info and life experiences as I can until I am allowed to have a CHL. Maybe it's a good thing I have to wait until 2016 to get one. I obviously don't know as much as most of you on this forum about any of it. But I'm willing to learn.

Thanks for the info! I have a lot to consider now!

Awslater wrote:Yes, I am one of those doesn't feel the need to have a round in the chamber when I carry. I've lived 31 years without having to shoot someone and will hopefully live the rest of my life without having to do so. I just want my weapon near, semi-ready to go, just in case. Keep in mind I'm proficient with all the weapons I train with. Racking the slide to load the chamber and reloading the magazine for me only takes fractions of a second. Also I feel that your ability to sense danger before it strikes is your best defense. If someone already has a gun drawn on you it's best to not reach for your weapon if you value your life. By that time it's too late anyways! Although I do keep a round in the chamber when I pick up money. Other than that it's not loaded 90% of the time. And plus my groupings with the G22 speaks much confidence for myself even at a distance! So I don't understand why some hate on me for the way I choose to carry my weapon. I'm not a police officer and as far as I know nobody has a hit out on me? lol. I honestly feel safe enough not having it loaded the majority of the time.

I'm not going to beat a dead horse too badly here but there are times when even the best professionals are unable to sense danger and by the time they realize they're in danger its usually when lead is already flying. Carrying on an empty chamber was only smart when people rode horses and risked falling off and they fixed that design flaw pretty quickly. It's a Glock so it will only go bang when your finger is squeezing that nice 5.5lb trigger. Your confidence in yourself on the range is a good thing to have for competition but its almost useless when a problem arises. That's where instinct takes over and no firearms instructor will tell you to rack your slide when a problem arises. Just my 2 cents.

Awslater wrote:Yes, I am one of those doesn't feel the need to have a round in the chamber when I carry. I've lived 31 years without having to shoot someone and will hopefully live the rest of my life without having to do so. I just want my weapon near, semi-ready to go, just in case. Keep in mind I'm proficient with all the weapons I train with. Racking the slide to load the chamber and reloading the magazine for me only takes fractions of a second. Also I feel that your ability to sense danger before it strikes is your best defense. If someone already has a gun drawn on you it's best to not reach for your weapon if you value your life. By that time it's too late anyways! Although I do keep a round in the chamber when I pick up money. Other than that it's not loaded 90% of the time. And plus my groupings with the G22 speaks much confidence for myself even at a distance! So I don't understand why some hate on me for the way I choose to carry my weapon. I'm not a police officer and as far as I know nobody has a hit out on me? lol. I honestly feel safe enough not having it loaded the majority of the time.

There are many around here that began by carrying without a round chambered. I did, but soon realized that I was handicapping myself. I won't always have that one or two seconds to save my or my family's lives. You might also come to that conclusion some day. I can't find it at the moment, but there is a youtube video, or 50, that demonstrates what can be done to you in that one or two seconds while you re trying to get your gun and chamber a round.

Yea a lot of my friends who carry tell me the same thing. For some reason I just don't feel comfortable having it loaded the majority of the time. Even though I've never accidentally pulled the trigger it still bothers me for some reason having it loaded. To me it's more of a problem because if someone attacks me close quarters I don't want them accessing my weapon with it ready to discharge. And 99% of the time if I have a problem with a guy they always try to take me down to the ground. Also at that point it's a fight so would pulling my weapon to discharge it be justifiable instead of just using martial arts to deal with the guy? This has happened to me several times during an argument that escalated into a fight. I did not have my weapon on me but wonder what would happen if I did? This is also the reason I learned not to use ankle holsters. I guess there's still much I need to learn though. Even the guys at the jujitsu gym I go to brag about not fighting on the street and they'd rather shoot first ask questions later. There's so many questions to consider and so many possible outcomes its hard to figure out the right answer is sometimes. Especially regarding the law. I really hate that saying, "I'd rather be judged by 12 than carried by 6"! With my life experiences I want nothing to do with either! lol

Do you guys think taking a CHL class even if I can't get my license would be helpful? Is that even allowed?