do I need a CHL for this?

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply

Topic author
craig_o
Junior Member
Posts in topic: 2
Posts: 30
Joined: Sat Dec 23, 2006 10:45 pm
Location: TX, thank God!

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?
In Texas, we have the death penalty and we use it. In Texas, if you kill somebody we're gonna kill you back.
Top
User avatar

seamusTX
Senior Member
Posts in topic: 10
Posts: 13551
Joined: Fri May 12, 2006 12:04 pm
Location: Galveston

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
Top

longtooth
Senior Member
Posts in topic: 1
Posts: 12329
Joined: Sun Jun 12, 2005 3:31 pm
Location: Angelina County

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.
Image
Carry 24-7 or guess right.
CHL Instructor. http://www.pdtraining.us" onclick="window.open(this.href);return false;
NRA/TSRA Life Member - TFC Member #11
Top

Greybeard
Senior Member
Posts in topic: 1
Posts: 2410
Joined: Thu Dec 23, 2004 10:57 pm
Location: Denton County
Contact:
Contact Greybeard

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. ;-)
CHL Instructor since 1995
http://www.dentoncountysports.com "A Private Palace for Pistol Proficiency"
Top
User avatar

DoubleJ
Senior Member
Posts in topic: 1
Posts: 2367
Joined: Fri Jul 13, 2007 9:29 am
Location: Seattle, Washington

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.
Top
User avatar

Keith B
Moderator
Posts in topic: 1
Posts: 18498
Joined: Sat Aug 18, 2007 3:29 pm

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"

Image
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
Top
User avatar

M9FAN
Senior Member
Posts in topic: 1
Posts: 538
Joined: Wed Nov 07, 2007 1:17 pm
Location: Pearland, TX

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"

Image
Oh, you guys are bad! :lol:
"Upon the conduct of each depends the fate of all." - Alexander the Great
Top

NcongruNt
Senior Member
Posts in topic: 1
Posts: 2416
Joined: Sun Feb 25, 2007 12:44 am
Location: Austin, Texas

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.
Image
NRA Member
TSRA Member
My Blog: All You Really Need
Top
User avatar

seamusTX
Senior Member
Posts in topic: 10
Posts: 13551
Joined: Fri May 12, 2006 12:04 pm
Location: Galveston

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
Top

legend
Member
Posts in topic: 1
Posts: 61
Joined: Tue Jan 01, 2008 6:15 pm

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...
Top
User avatar

seamusTX
Senior Member
Posts in topic: 10
Posts: 13551
Joined: Fri May 12, 2006 12:04 pm
Location: Galveston

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

- Jim
Top
User avatar

boomerang
Senior Member
Posts in topic: 1
Posts: 2629
Joined: Thu Sep 13, 2007 11:06 pm
Contact:
Contact boomerang

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:
"Ees gun! Ees not safe!"
Top

OnTexasTime
Member
Posts in topic: 1
Posts: 97
Joined: Sat Aug 04, 2007 10:55 am
Location: Navarro County, Texas

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.
Image

If you have an interest in Civil War History I recommend you check out:

http://www.pearcecollections.us/civilwar.php
Top
User avatar

seamusTX
Senior Member
Posts in topic: 10
Posts: 13551
Joined: Fri May 12, 2006 12:04 pm
Location: Galveston

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
Top
Post Reply

Return to “General Texas CHL Discussion”