TexasCHLforum.com

canvasbck wrote:Your ignoring the first part of his post. When you sell/purchase a firearm in a public place such as a parking lot, you are violating CHL and MPA laws as soon as you show the handgun. Many here on this board recommend EXACTLY such an action when selling a handgun (myself included). If you think this guy should be turned in for the act of removing the firearm from his backpack, then many of us on this board should also be reported or turn ourselves in for INTENTIONALLY placing a handgun in plain view in a public place.

We are recommending something like committing a crime in TX? Never mind we do it very often.

Sorry, i meant Sec. 46.15. NONAPPLICABILITY. (b)-2.
(b) Section 46.02 does not apply to a person who:
(2) is traveling;

Good to hear such stories as this one: http://forum.opencarry.org/forums/showt ... exas-today" onclick="window.open(this.href);return false;

Let met ask, how do transport a handgun if you do not own a car? say, you use a public transportation like a public bus, light train/metro or a taxi cab.

Assume you have no CHL. Also, assume that you are taking the handgun fron your house to the gunsmith. Or, you are going to visit a friend and you would like to loan him the handgun for a range trip.

Are you in violation of 46.02?

My quick answer, is no. even though 46.02 does not give an exception. However, 46.035 gives you one under the "traveling" exception. In Texas, the code does not talk about "transporting" handguns.

Many in Texas do open carry while "travelling". Check it out under open carry forum.

DONT TREAD ON ME wrote:

Beiruty wrote:Sorry, I was typing so fast. I meant, I will be at Dallas Pistol Club. You can park your car on the street and walk to the range while open carrying your pistol.

Note: at Dallas Pistol Club, the parking lot on the club property and no one usually park outside at the street.

Ok but by your reading of the law its ok to have the weapon out so long as you are on your way to train. So, would you OC while walking from your house to the range(imagine your house is close to range)? If no why not?

The law says you can open carry while on route from/to your car/house - to range. Distance has no effect. Yes, you can walk from your house to the range while open carrying.

or is en route between the premises and the actor's residence or motor vehicle

I will leaver further discussion on this topic for the resident lawyers.

DONT TREAD ON ME wrote:

Beiruty wrote:Same, I can walk to the range tomorrow (I will be at DPC) while open carry, I will be open carry at the range 100% of the time. Will I be in violation of 46.035? You bet, but 46.035 does not apply when no CHL is needed, especially at the range. Another example. At the CHL school, a Police Officer was training us and showing us all kind of pistols, etc... The class was conducted in a rented room in a Medical Office.

Describe your walk "to the range" for me please. When you say you will be DPS what exactly does that mean?

As for the officer 46.02/46.035 do not apply to a LEO, period.

Either way you look at it this guy broke the law (46.035) and there is no "training" scenario you can come up with that will say otherwise according to 46.15(b)(3).

Sorry, I was typing so fast. I meant, I will be at Dallas Pistol Club. You can park your car on the street and walk to the range while open carrying your pistol.

Note: at Dallas Pistol Club, the parking lot on the club property and no one usually park outside at the street.

I do not follow your logic.
Under CHL you can carry your EDC anywhere lawful. As instructor, hundgun coach, you can train others with your concealed carry handgun, at anytime where you carry the activity safely, like in a private place, your house, like in a conference room, or at the range is where this is usually happens

Another simple example, you carry under CHL when you are outside your home coming back home for any reason, you unconceal and open carry at your home. Could you be charged with 46.035? You bet, no!

More examples, you carry concealed and you would like to disarm to avoid entry in 30.06 posted place, while in your car, you unholster and store your pistol in the glove box. under both CHL and MPA, the pistol must be concealed. However, you violated both 46.02 and 46,035 for the time while the pistol is exposed to the public view. It happens almost daily. Could you be charged with 46.035? You bet, no!

DONT TREAD ON ME wrote:

MasterOfNone wrote:So if training is a sporting activity, and the CHLer in the OP was demonstrating his gun to the coworker, wouldn't 46.15(b)(3) apply?

If you are asking if this would apply to the incident in the OP then your answer is no as he was not in violation of 46.02 but 46.035.

Not correct, again.

When you are engaged in sporting activity you do not need a CHL. 46.035 is for those who are carrying concealed and they need a CHL. Big difference. When you are hunting while having a CHL and can 100% open carry your pistol, no one will ever charge you with 46.035, since you do not need a CHL to hunt and yo can open carry while hunting.

Same, I can walk to the range tomorrow (I will be DPS) while open carry, I will be open carry at the range 100% of the time. Will I be in violation of 46.035? You bet, but 46.035 does not apply when no CHL is needed, especially at the range. Another example. At the CHL school, a Police Officer was training us and showing us all kind of pistols, etc... The class was conducted in a rented room in a Medical Office.

MasterOfNone wrote:

Beiruty wrote:masterofnone:

While engaged in sporting activity, there is no needed to conceal, you can open carry too. Moreover, while walking to and from range you can open carry too.

(b) Section 46.02 does not apply to a person who:
.....(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;

But if you don't shoot, instead just showing the gun or selling it, you are not engaged in a sporting activity.

Not correct, It is well known that at Gun Show, everyone Is displaying firearms in public view. Many are carrying around the gun show a handgun, with no CHL. no need to hide it in a box. I read it is is the "view of the court" that Gun Shows are part of sporting activity. Training as well as dry firing a pistol is considered a sporting activity. In addition, you can strap your "piece" go to a range. or attend a competition match, open carry and do not shoot a single rd. You can be Range Officer or Match Director, or even a firearm insrtuctor etc...

How about claiming that your intent when you showed your handgun, was to engage in a training session (to the newbee), a sporting activity!
See Sec. 46.15. NONAPPLICABILITY. b(3)

While showing, most likely you will describe every small details of your shiny pistol, and proceed to field strip it and re-assemble it.

masterofnone:

While engaged in sporting activity, there is no needed to conceal, you can open carry too. Moreover, while walking to and from range you can open carry too.

(b) Section 46.02 does not apply to a person who:
.....(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;

So what is up with the exception of discharging a firearm on public road?

Your friend is lucky, very lucky for keeping his job. He may be disciplined by loosing some off-time or getting a warning letter. Reporting him to DPS would be counterproductive. Most likely DPS would not take action as no one is hurt nor anyone called when the firearm was displayed.

If nothing is reported, that is good for the shooter. It is negligent discharge for sure. Did the shooter lose his job? Or is he the business owner?
If he is the business owner. maybe no law is broken.

I was in bit of similar situation. Last Saturday, I was at my friend's house for BBQ. I disarmed and stored my unloaded carry pistol in one of the bedroom's cabinet. We are going to swim and play basketball from the pool so I had to disarm and my friend did not mind.

Before I left, I was asked about guns and had to present my "piece" for show and tell. Did I break any laws, technically maybe, but who is going to call 911 and report a man with a gun? May I claim I was engaged in "sporting" activity when showing my gun?