Texas REALTORS and CHL

[TXwaterdog]

The homeowner does not transfer full control of the home to you unless you are assigned as a caretaker in their absence, not just the listing agent or buyers agent, so I personally don't believe it would be considered a premises under your control.

I can see your point there but I'm not talking about a place under your control.. I'm talking about a "place of employment".. Why would a home a Realtor is showing not be considered a "place of employment".? I would argue the coffee shop where they stop to meet a client is a place of employment as well. however, I wouldn't carry in there without a CHL. The board office tells us we have to place the same notices on the table at the coffee shop as in the office. So, I would argue that the board office thinks it's our place of employment and by proxie a Realtor should be able to carry their gun at "place of employment"..

thoughts? yes/no?

[TXwaterdog]

I know it's a fine line.. I'm not going to start carrying until I get a CHL.. but IMO, I really don't think this is the case for anyone who is working in their "place of employment". They don't need a CHL to do so. They just can't be denied the ability to do so by their broker or the home owners.

(h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road; or
(2) at the actor's residence or place of employment.

[Keith B]

The homeowner does not transfer full control of the home to you unless you are assigned as a caretaker in their absence, not just the listing agent or buyers agent, so I personally don't believe it would be considered a premises under your control.

I can see your point there but I'm not talking about a place under your control.. I'm talking about a "place of employment".. Why would a home a Realtor is showing not be considered a "place of employment".? I would argue the coffee shop where they stop to meet a client is a place of employment as well. however, I wouldn't carry in there without a CHL. The board office tells us we have to place the same notices on the table at the coffee shop as in the office. So, I would argue that the board office thinks it's our place of employment and by proxie a Realtor should be able to carry their gun at "place of employment"..

thoughts? yes/no?

You have to read 46.02. That has to be met to be legally carrying. 46.03 (h) only applies to commisioned security officers.

[TXwaterdog]

You're saying you have to satisfy the previous prevision to carry a gun anywhere, including a place of work?

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

...For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent...

So this says to and from a place of residence and your motor vehicle, that's it. end of line.. the next section doesn't apply?


It appears to apply to everyone the first part only pertains to people: "that the actor possessed a firearm or club while traveling to or from the actor's place of assignment"

The second part pertains to security officers: "in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, "

It's basically expanding the right to carry to and from your place of work, your car/boat and your house. In the second part it's expanding those rights to security officers in the line of duty. Meaning at their place of work, which is redundantly clarifying the right to carry for security officers on premises and anywhere while wearing their uniform.

"(h) It is a defense to prosecution under Subsection

(a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies,

[Keith B]

Nope, it applies to everyone the first part only pertains to people "that the actor possessed a firearm or club while traveling to or from the actor's place of assignment"

The second part pertains to "in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, "

It's basically expanding the right to carry to and from your place of work, your car/boat and your house. In the second part it's expanding those rights to security officers in the line of duty. Meaning at their place of work, which is redundantly clarifying the right to carry for security officers on premises and anywhere while wearing their uniform.

"(h) It is a defense to prosecution under Subsection

(a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies,

Sorry, wrong. You are trying to segement the sections to paraphrase the statute as you want it to read. Read 46.03 (h) in its entirity. (h) only is a defense to prosecution for (a)(4) (carrying at a race track) for a commisioned security officer going to/from OR during the actual performance of their duties.


If you don't trust my interpretation, see my signature line and also the word under my user name on the left.

[TXwaterdog]

thanks for clairfying.. I'd never risk it.. the CHL is $65 and the crime is a 3rd degree felony... not much of a decision to just take the CHL class..

[Keith B]

thanks for clairfying.. I'd never risk it.. the CHL is $65 and the crime is a 3rd degree felony... not much of a decision to just take the CHL class..

The Texas CHL fee is $140, or $70 for a person over 60 or honorably discharged military. Your class fee may be $65, but that is in addition to the state fees.

[TXwaterdog]

ah, ok. Well looks like I'll be waiting until Mid march then. Being a Realtor is feast or famine..

[Keith B]

Understand the restriction on funds. Been there done that.

By the way, what you had highlighted under 46.03 about place of employment was actually section (i), and that only applies to (a)(6) (possession within 1000 feet of a place of execution) to allow those that work or live within the zone to posses the firearm.

(i) It is an exception to the application of Subsection
(a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road;
or
(2) at the actor's residence or place of employment.

While you are waiting, hang around and interact with the folks here. Lots of good informaiton and you will be way more prepared when you go to take your CHL.

[apostate]

I can see your point there but I'm not talking about a place under your control.. I'm talking about a "place of employment".. Why would a home a Realtor is showing not be considered a "place of employment".? I would argue the coffee shop where they stop to meet a client is a place of employment as well.

If someone rings your doorbell at 11pm trying to sell you a magazine subscription, is your front porch their place of employment?

[Keith B]

I can see your point there but I'm not talking about a place under your control.. I'm talking about a "place of employment".. Why would a home a Realtor is showing not be considered a "place of employment".? I would argue the coffee shop where they stop to meet a client is a place of employment as well.

If someone rings your doorbell at 11pm trying to sell you a magazine subscription, is your front porch their place of employment?

If they ring MY doorbell at 11PM selling magazines, it is liable to be their place of UNemployment.

[TXwaterdog]

If someone rings your doorbell at 11pm trying to sell you a magazine subscription, is your front porch their place of employment?

They don't have explicit invitation onto my front porch. I as a Realtor have explicit permission to enter these properties by the property owners.