TexasCHLforum.com

Hello everyone I sent off for my AZ CWP in January due to it being cheaper. I sent off my Texas LTC paperwork this month, will my AZ CWP allow me to open carry till I get my Texas LTC? Also I was wondering how LEOs act with an AZ CWP? Thank you in advance!

Did you receive your AZ CWP?

Yes I received it earlier this month.

txfire06 wrote:Yes I received it earlier this month.

Since Texas has reciprocity with Arizona, as long as you obey the Texas LTC laws you should be fine. IANAL

How and if an LEO would react, I can't predict.

WildBill wrote:

txfire06 wrote:Yes I received it earlier this month.

Since Texas has reciprocity with Arizona, as long as you obey the Texas LTC laws you should be fine. IANAL

How and if an LEO would react, I can't predict.

Except within 1000 feet of a school. Federal law does not protect someone from prosecution for carrying in a gun free safe zone unless they are licensed by the state in which the infraction occurs.

WildBill wrote:

txfire06 wrote:Yes I received it earlier this month.

Since Texas has reciprocity with Arizona, as long as you obey the Texas LTC laws you should be fine. IANAL

How and if an LEO would react, I can't predict.

That's how I understood the reciprocity between Arizona, and Texas. I just wanted a second opinion on the subject.

[quote="Except within 1000 feet of a school. Federal law does not protect someone from prosecution for carrying in a gun free safe zone unless they are licensed by the state in which the infraction occurs.[/quote]

I don't walk around town, and the MPA should protect me on that matter in my truck.

txfire06 wrote:[quote="Except within 1000 feet of a school. Federal law does not protect someone from prosecution for carrying in a gun free safe zone unless they are licensed by the state in which the infraction occurs.

I don't walk around town, and the MPA should protect me on that matter in my truck.[/quote]

You state this as fact but I don't think that MPA does protect you within 1000 feet of a school. I may be wrong and perhaps someone with legal experience can chime in.

rotor wrote:

txfire06 wrote: I don't walk around town, and the MPA should protect me on that matter in my truck.

You state this as fact but I don't think that MPA does protect you within 1000 feet of a school. I may be wrong and perhaps someone with legal experience can chime in.

Correct, it does not.

txfire06 wrote:

The Annoyed Man wrote:Except within 1000 feet of a school. Federal law does not protect someone from prosecution for carrying in a gun free safe zone unless they are licensed by the state in which the infraction occurs.

I don't walk around town, and the MPA should protect me on that matter in my truck.

But with MPA, you cannot open carry. At all. And open carry was the question you were asking. MPA specifically requires the gun to not be in plain sight. It can be concealed on your person, but not openly carried. Also, MPA is not licensed carry. And the only exception of which I am aware for federal GFSZ areas is for someone who has a license issued by the state in which the zone in question is found. You can transport a firearm through a GFSZ, but it can't be carried on your person unless you are licensed by the state in which the zone is found.

I may be wrong about MPA and concealed carry in a school zone without a Texas license, but I'd sure like to see the relevant code if I'm wrong.

Regarding the Gun-Free School Zone Act, it is unlawful for a citizen to carry a loaded firearm within 1000 ft. of a public school except with two exceptions:

1. The individual lives within the 1000 ft. parameter.
2. The individual has a concealed carry permit issued by the state in which the school zone resides.

However, Texas law contradicts this via the MPA (Motorist Protection Act) where a CHL is not needed to carry a concealed weapon in a vehicle as long as you’re a law-abiding citizen. The Texas version of the Gun-Free School Zone law excludes public roads, sidewalks, parking lots, and walk-ways.

The only arrest cases I can find that the involve the GFSZA were all addons to criminal acts on school property.

In my truck on my hip would be concealed all it takes is an un-tuck.

txfire06 wrote:Regarding the Gun-Free School Zone Act, it is unlawful for a citizen to carry a loaded firearm within 1000 ft. of a public school except with two exceptions:

1. The individual lives within the 1000 ft. parameter.
2. The individual has a concealed carry permit issued by the state in which the school zone resides.

However, Texas law contradicts this via the MPA (Motorist Protection Act) where a CHL is not needed to carry a concealed weapon in a vehicle as long as you’re a law-abiding citizen. The Texas version of the Gun-Free School Zone law excludes public roads, sidewalks, parking lots, and walk-ways.

The only arrest cases I can find that the involve the GFSZA were all addons to criminal acts on school property.

In my truck on my hip would be concealed all it takes is an un-tuck.

MPA does not over-ride Federal law. I just don't think the GFZA is ever enforced unless you are caught doing something else. Do you think MPA protects you in a post office parking lot?

Yes, you are legal to OC on your Arizona license. Have open carried on the same license for most of this year with absolutely no problems and CC carried for years previously as well.

The Federal GFSZA prohibits you from carrying a loaded firearm within 1000' of a school if you are not "licensed to
do so by the State". The ATF interprets this to mean that the State in which the school zone is located must issue the license. I think that is debatable, and no court has ruled on this question, so I guess you'd have to risk being the "test case" if you open carried in a Texas School Zone using an AZ license.