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by srothstein
Mon Jul 09, 2012 10:38 pm
Forum: General Texas CHL Discussion
Topic: Failure to Conceal?
Replies: 87
Views: 15029

Re: Failure to Conceal?

Jaguar wrote:So, if I take my concealed handgun to the range that I don't own and is not under my control, I'm only a member of the club, I cannot pull out said concealed handgun and shoot at targets with it? Do I have to take it off my belt in the car and carry it to the shooting station to stay in compliance with the law?
No, this would be covered under a different exemption to the law. Section 46.15(b)(3) says that you can carry a gun openly while engaged ina normal sporting activity. Shooting at the range would meet that definition.
Longshot38 wrote:So your saying that a Police Officer who has a CHL is breaking the law when he is openly carrying his weapon? I don't think so.
I agree with you that he is not breaking the law. Section 46.035 specifies that you cannot fail to conceal the weapon if you are carrying under the authority of your CHL. Since he is carrying under the authority of his status as a peace officer, he can carry openly. I actually use this very scenario to show that you can choose which authority you are carrying under when more than one authority applies.
by srothstein
Mon Jul 09, 2012 10:31 pm
Forum: General Texas CHL Discussion
Topic: Failure to Conceal?
Replies: 87
Views: 15029

Re: Failure to Conceal?

I do not want to be argumentative about this, but I do disagree with your interpretation of the law. The sections you referred to deal with the legal justification for using deadly force, not where you may carry a weapon. Sections 9.41 and 9.42 deal with protecting your own property, so they would not apply to this discussion. Section 9.43 does deal with using force and deadly force to protect a third person's property, so I can see how it might come into your thought process. But it does not cover violating other laws, such as showing a pistol to friends in their home. Since this would not be the use of force, Chapter 9 would not come into play.

My point on this is that many people feel what is right is not actually what the law says.

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