TexasCHLforum.com

WildBill wrote:

jbarn wrote:

cprems wrote:Here is what I would do.

Go to the clerk office of the Court(s) where you were "convicted" and put on probation. Get a certified copy of your "convictions" first. I'm using the word convicted as written under the statute. ANY probation or deferred adjudication is considered a conviction under Texas law. I don't agree with it, but it is what it is.

They will charge a nominal page fee.

Get this done first. Once you get these, come back here and ask any questions.

If you are serious about getting your CHL, this is the first step that is needed. DPS will need this paperwork and the results of the convictions.

HTH.

You probably meant this; but a deferred is only considered a conviction for certain purposes. For example, for CHL it is a conviction, for federal purposes of transferring a firearm it is not.

That is why he put "convictions" in quotation marks.

Perhaps

cprems wrote:Here is what I would do.

Go to the clerk office of the Court(s) where you were "convicted" and put on probation. Get a certified copy of your "convictions" first. I'm using the word convicted as written under the statute. ANY probation or deferred adjudication is considered a conviction under Texas law. I don't agree with it, but it is what it is.

They will charge a nominal page fee.

Get this done first. Once you get these, come back here and ask any questions.

If you are serious about getting your CHL, this is the first step that is needed. DPS will need this paperwork and the results of the convictions.

HTH.

You probably meant this; but a deferred is only considered a conviction for certain purposes. For example, for CHL it is a conviction, for federal purposes of transferring a firearm it is not.

bayouhazard wrote:

jbarn wrote:

FML wrote:I don''t think MPA covers people walking to work.

Of course not. But if you can carry at work under 46.02, then there has to be an allowance to get the handgun from car to work.

Sure there is. Unloaded and in a locked case works. Same as it did ten years ago.

Or get a CHL.

Or carry under MPA. For example, the employees who work at a gun range in Ft Worth can carry at work under PC 46.02 without a CHL. Under the MPA portion of 46.02 they can carry in their vehicles without a CHL. When they park in the lot that is two businesses away and walk to the range on the right of way, the carry of the handgun to and from the car is lawful under 46.02, IMO.

FML wrote:I don''t think MPA covers people walking to work.

Of course not. But if you can carry at work under 46.02, then there has to be an allowance to get the handgun from car to work.

The Annoyed Man wrote:


[*]Unless you are an LEO, you can't legally carry a gun in Texas without a CHL. The exceptions would be:

• Inside your own home;
• between your home and your car;
• inside your car, and
• between your car and your place of business.

I think you meant "handgun", no? And there are other instances outlined in penal code 46.15(b), like while engaged in a lawful hunting or sporting where a handgun is commonly used. Or while traveling...





[*]You can NEVER carry your gun into stores or other people's property without a CHL, unless it is your place of business, and you have the owner's permission to carry in the place of business. "Usually" doesn't cut it. When you're breaking the law, you're.......well......breaking the law. There are very few legitimate reasons for breaking the law. I don't think he needs the owners permission to carry on the premises under his (the OPs) control. If the owner has conveyed control of the premise to him, that is all he needs. Right?





[*]Nobody, not even your employer, can give you permission to break the law and carry a gun "around his location" outdoors. You can only do that inside his business (assuming you are not otherwise disqualified from being in possession of a firearm). You can carry from your car in the parking lot into his place of business, but you can't randomly walk around the parking lot carrying a gun. In penal code 46.02, where the authority to carry on premises under you control comes from, the term premises means real property. That means he can carry outdoors if he could carry indoors. If the parking lot is his premises or his employers premises and he has control of those premises by virtue of his capacity as an employee, he can carry in the parking lot.


You can't park a half-mile away away and carry concealed from your car into the place of business. While I don't want to split hairs on distance, if a half a mile is as close as he could reasonable park and he is legal carrying at work, why would half a mile be too far? How about a quarter mile? Again, not trying to be argumentative, just seeking clarity

I think that is a great post and some good advice. I hope you will not mind if I offer some small suggestions, seen in red above.

Thanks

Running Arrow Bill wrote:I personally have a problem with your juvenile "aggravated assault" item as well as your several conflicts with LEO's since then. At age 34 and 7 years since last problem...well...IMO you have a problem that has not completely gone away despite what the Texas CHL law says...

Our CHL is a Shall Issue, and not a May Issue, so if he meets the requirements he gets a license despite what anyone thinks about his problem.

I am not saying I disagree with you either......

Beiruty wrote:If he has a felony, he can't be in possession of firearms.
Gold3n, please state if you have a felony conviction.

His juvenile adjudication for Agg assault is not a conviction if he was handled by the Juvenile Justice system as he indicates. I didn't see anything else in his post that would indicated a felony.

Gold3n wrote:Hello everyone. I'm new to the forum and was hoping to get some information to clear a few things up. First of all I don't have a CHL. I never bothered trying to get one because it's highly unlikely that I would qualify. I've gotten myself into quite a bit of trouble in the past and there's not much I can do now to change that. The worst thing probably holding me back from getting a CHL is an Aggravated Assault with a Deadly weapon charge I received when I was 16. I was charged as a juvenile and agreed to 1 year probation with a lesser charge of assault. When I turned 18, I received a class C misdemeanor theft charge and then a misdemeanor evading arrest charge in my mid teens. I'm 34 now and haven't been in any legal trouble for about 7 years or so. I was wondering if it will ever be possible for me to qualify or most likely not due to the assault charge?

As has been shown here already, your juvenile adjudication is no longer something that disqualifies you, if in fact you were not tried as an adult.

The class C is not a disqualifier, and other misdemeanors will disqualify you only for 5 years.

It appears to me, based solely on what you have written, that you are eligible.

For example having a loaded gun on my person in a holster while outside of my vehicle pumping gas. I never bring it into the store and if I need to go into the store I un-holster my weapon and put it under the driver seat or glove compartment. Sometimes I get lazy and just lay a towel over it sitting on my passenger seat. Usually when I'm driving it's in my holster or stuffed between the crevice of the driver seat and center console for fast access. Of course if I get pulled over by police the gun goes into the glove compartment with the quickness before I even stop. Always concealed when it needs to be.

Under penal code 46.02 a non licensee may carry a handgun on or about his person inside of or enroute to a motor vehicle that he owns or is under his comtrol. However, there are 4 requirments or the carry is illegal.

1. The handgun cannot be in plain view
2. You cannot be prohibited by law from possesing a firearm
3. You cannot be committing a crime (class c traffic offense excepted)
4. You cannot be a member of a criminal street gang.

Placing the gun under a towel is not really a good idea when the vehicle is in motion. Think about inertia and collisions and maneuvers when driving.

Do not be making movements like stuffing your gun in the glovebox when stopped by the police.

Regarding having your gun on you while you get gas, the above does not allow for that. Penal code 46.15(b) has additional circumstances where carrying a handgun is legal. One of those is while traveling. Traveling is not defined in the code, but gassing your car while just going about your normal day would not qualify, I do not think.

Then again sometimes when I'm driving my truck I have rifles and sometimes a shotgun laying visible in my backseat. I'm about 99% sure that's legal though because if not I would have been arrested by now. Actually remembering the time I got pulled over and had an AK47 and a 30_06 rifle laying in my backseat. Officer said, "Jesus Christ boy! what the heck are you doing?" lol

As long as thenrifles and shotgun is of legal lengths then carry in your vehicle is not a problem.

Other than that I have consent to carry my weapon to my business location inside and around. This I also researched and believe is legal?

There is no exception for a non CHL holder to carry with consent of anyone. You CAN carry on your own premises or premises under your control, so the question is what do you do where you work? Do you have control of the premises?

I would be amiss if I didn't warn you about the Federal Gun Free School Zone act. Basically, without a CHL it is unlawful to posses a firearm within 1,000 feet of a school. Homes are excepted.
Hope that offers some insight for you....