Search found 4 matches

by KaiserB
Mon Apr 25, 2011 8:09 am
Forum: General Texas CHL Discussion
Topic: Property Defense in West TX Question
Replies: 64
Views: 8468

Re: Property Defense in West TX Question

WildBill wrote::thumbs2: I was just about to post this. Thanks for the correction.

"§ 411.173. NONRESIDENT LICENSE. (a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state."
Good point, I had not looked at the requirements that way and although IANAL I usually catch those things. Thanks for the info
by KaiserB
Sun Apr 24, 2011 8:26 pm
Forum: General Texas CHL Discussion
Topic: Property Defense in West TX Question
Replies: 64
Views: 8468

Re: Property Defense in West TX Question

WildBill wrote:
KaiserB wrote:
WildBill wrote:
YWHIC wrote:not planning on shooting anyone for simple tresspass.. but I intend on getting a TX CHL as soon as I become a resident.. I will check up on the TX code you mentioned.. thank you for the info.
There is no minimum time limit for living in Texas. As long as you have a TX DL and plan to live in Texas, that is enough to get your Texas CHL.
Actually you have to live here 6 months:

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding
the date of application
under this subchapter or is otherwise eligible for
a license under Section 411.173(a);
This section was deleted from the law.
When was this deleted and by which law or order?

It is in the current CHL 16 and listed here: http://www.txdps.state.tx.us/administra ... chlaws.htm" onclick="window.open(this.href);return false;
by KaiserB
Sun Apr 24, 2011 7:49 am
Forum: General Texas CHL Discussion
Topic: Property Defense in West TX Question
Replies: 64
Views: 8468

Re: Property Defense in West TX Question

WildBill wrote:
YWHIC wrote:not planning on shooting anyone for simple tresspass.. but I intend on getting a TX CHL as soon as I become a resident.. I will check up on the TX code you mentioned.. thank you for the info.
There is no minimum time limit for living in Texas. As long as you have a TX DL and plan to live in Texas, that is enough to get your Texas CHL.
Actually you have to live here 6 months:

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding
the date of application
under this subchapter or is otherwise eligible for
a license under Section 411.173(a);
by KaiserB
Sun Apr 24, 2011 7:44 am
Forum: General Texas CHL Discussion
Topic: Property Defense in West TX Question
Replies: 64
Views: 8468

Re: Property Defense in West TX Question

YWHIC wrote:I have property over in Jeff Davis County... and I plan on having a 16 x 16 building Weekender Rancher (by homedepot) put upon it for a vacation retreat.. (see picture of design).. this will be about 60 yards from the road and in plain view from the road.
RanchTuff.jpg
...

I plan on covering the windows with wood and such as to prevent entry without some force on the intruders part..

I also plan on putting up a stringer type of fence and NO TRESPASSING SIGNS in both English and Spanish..
'
You may want to follow the provisions in PC 30.05 for posting property

(a) A person commits an offense
if the person enters or remains on or in property of another, including
residential land, agricultural land, a recreational vehicle park, a
building, or an aircraft or other vehicle, without effective consent and
the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.

(2) "Notice" means:
(A) oral or written communication by the owner or someone
with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude
intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to
the building, reasonably likely to come to the attention of intruders,
indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or
posts on the property, provided that the marks are:
(E) the visible presence on the property of a crop grown for
human consumption that is under cultivation, in the process of being
harvested, or marketable if harvested at the time of entry.
YWHIC wrote: The Question:

If I were to fly out (for my vacation) and drive out to it, and have a TX (or in my case my PA CCP).. and find someone on my property, in the building, or in general trespassing can I legally defend MY PROPERTY?? :fire

Want a little clarification...
The use of force to defend your property would be based on the circumstances of the incident. A good reference would be PC 9.41 / PC 9.42

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