Can I get my CHL or Yes or No

CHL discussions that do not fit into more specific topics

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dwhitley
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Re: Can I get my CHL or Yes or No

#16

Post by dwhitley »

Thanks.. so your saying I can carry it with me in my car to where I am going? But I can at my company anytime I want?
Thanks David
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DoubleJ
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Re: Can I get my CHL or Yes or No

#17

Post by DoubleJ »

you're the owner/operator? you're good to go.
Doesn't matter how you carry in your place of business (open or concealed) but it must be concealed inside your car.
FWIW, IIRC, AFAIK, FTMP, IANAL. YMMV.

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dwhitley
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Re: Can I get my CHL or Yes or No

#18

Post by dwhitley »

Ok so I am in the car I can put my gun in my center cosole with a clip in it or not? And if I get pulled over should I tell the officer I have it or just let him give me a ticket and not say anything? I just see this could lead to more problems down the road.... getting out of the car to enter my store should it be concealed, can I have it on my concealed while driving?

Thanks for the info by the way.
Thanks David
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DoubleJ
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Re: Can I get my CHL or Yes or No

#19

Post by DoubleJ »

dwhitley wrote:Ok so I am in the car I can put my gun in my center cosole with a clip in it or not?
magazine in, round in the chamber. even (and i wouldn't recommend it) sitting on the seat next to you, covered by a towel.
long as it is concealed.
dwhitley wrote:And if I get pulled over should I tell the officer I have it or just let him give me a ticket and not say anything? I just see this could lead to more problems down the road....
You would only need to divulge the gun if the officer asked you "You got any weapons on ye?"
Since it's not illegal to have a concealed handgun in the car, it won't matter one way or the other.
dwhitley wrote: getting out of the car to enter my store should it be concealed, can I have it on my concealed while driving?

Thanks for the info by the way.
yes, absolutely.

an yer welcome!
FWIW, IIRC, AFAIK, FTMP, IANAL. YMMV.

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dwhitley
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Re: Can I get my CHL or Yes or No

#20

Post by dwhitley »

Great.. thanks for the info... I figure then I will put it in the holster and conceal it on me when I go to my company that way when I go in its still concealed... Makes me feel a lot better already.. Thanks again for the info...
Thanks David
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Re: Can I get my CHL or Yes or No

#21

Post by aardwolf »

texasccw wrote:I carry with me at all times from my place of business to my vehicle and to my home (license pending). This IS NOT against the law. Your vehice is an extension of your home and you have a right to protect yourself. It is called Castle Doctrine.
Your vehicle is not an extension of your home in Texas. Here's proof. A parking lot can be 30.06.
Also you are not required to conceal on your premises but you are required to conceal in your car.
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Re: Can I get my CHL or Yes or No

#22

Post by DoubleJ »

true, but, 30.06 only applies to IF you have a CHL. there are some who would argue that a parking lot 30.06 would only apply after you got out of your car, and that when IN your car, you are carrying under the premise that it's simply no longer illegal to have a concealed handgun in your car. (I don't necessarily agree with that, but there are those who'd argue that point)

the point being, at the end of the day that the Castle Doctrine applies to "anywhere you are legally allowed to be" and in and of itself does not speak to carrying, but to the use of deadly force, with regards to the obligation to retreat, first.

clear as mud?
FWIW, IIRC, AFAIK, FTMP, IANAL. YMMV.

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dwhitley
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Re: Can I get my CHL or Yes or No

#23

Post by dwhitley »

In my case I own both the store, the building, the parking lot is mine too... That is really all I want to carry my gun for is protection their and at home until I get my CHL and then I will have it as much as I can as is ok with the law.
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barres
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Re: Can I get my CHL or Yes or No

#24

Post by barres »

The only down side to car carry in your situation is if you had to go inside a bank or a customer's location (especially with large amounts of cash), because the Glock would have to stay in the car. Now you're not only unarmed, but your pistol is in a car that can be fairly easily broken into.

Still the UCW statute has exceptions for carrying on your own property or property you control, whether you carry concealed or openly, so you're covered at your business and home. The same law now also has exclusions for carrying in your vehicle or one under your control (or directly en route to it), so long as you can own a firearm, aren't comitting a crime other than a traffic violation, and aren't a gang member.
Remember, in a life-or-death situation, when seconds count, the police are only minutes away.

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Re: Can I get my CHL or Yes or No

#25

Post by zx9rt1 »

This is an easy way to find out. Fill this out and mail it in. If you are eligable they will send you the packet. If not they will send you a denial letter. They do a little pre screen before they send you the packet.


ftp://ftp.txdps.state.tx.us/forms/cr-80.pdf" onclick="window.open(this.href);return false;
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Re: Can I get my CHL or Yes or No

#26

Post by Crossfire »

That is not actually true. DPS will send an application packet to anyone who requests it. The request for application does not give them permission to perform a background check.
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dwhitley
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Re: Can I get my CHL or Yes or No

#27

Post by dwhitley »

Correct I spoke with the DPS and doing it online does nothing to help or advance your application.
Thanks David
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Re: Can I get my CHL or Yes or No

#28

Post by Dragonfighter »

aardwolf wrote:
texasccw wrote:I carry with me at all times from my place of business to my vehicle and to my home (license pending). This IS NOT against the law. Your vehice is an extension of your home and you have a right to protect yourself. It is called Castle Doctrine.
Your vehicle is not an extension of your home in Texas. Here's proof. A parking lot can be 30.06.
Also you are not required to conceal on your premises but you are required to conceal in your car.
:eek6 Did I miss something, did something change? I thought the law specifically excluded parking lots, parking garages and sidewalks as premises or part of premises.
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Re: Can I get my CHL or Yes or No

#29

Post by txflyer »

My understanding of the law:

A privately owned parking lot can be posted with a 30.06 sign. A publicly owned one cannot.

The premises definition is for things like schools where you can't carry into the building, but can lock the weapon up in the parking lot or carry concealed when dropping little Johnny off.

From the LS-16 FAQ

Q: If I drive to a shopping mall that does not permit handguns, will I be
allowed to park in the parking lot and leave my gun in the car?

A: If the parking lot is not posted with the sign described above (30.06),
handguns may be left in the cars. However, if the sign is posted in or
at the entrance to the parking lot, you may not.

Q: Can a license holder have a handgun in the license holder's
vehicle in a school parking lot?
A: A license holder is not prohibited from having a handgun in his or
her vehicle in a school parking lot. (School employees should know
and comply with their employer's policy on this point.) However, it is a
criminal offense for any person who is on school property to exhibi,
use, or threaten to exhibit or use a firearm. See Texas Education
Code 5 37.125(a).
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Charles L. Cotton
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Re: Can I get my CHL or Yes or No

#30

Post by Charles L. Cotton »

txflyer wrote:My understanding of the law:

A privately owned parking lot can be posted with a 30.06 sign. A publicly owned one cannot.

The premises definition is for things like schools where you can't carry into the building, but can lock the weapon up in the parking lot or carry concealed when dropping little Johnny off.

From the LS-16 FAQ

Q: If I drive to a shopping mall that does not permit handguns, will I be
allowed to park in the parking lot and leave my gun in the car?

A: If the parking lot is not posted with the sign described above (30.06),
handguns may be left in the cars. However, if the sign is posted in or
at the entrance to the parking lot, you may not.

Q: Can a license holder have a handgun in the license holder's
vehicle in a school parking lot?
A: A license holder is not prohibited from having a handgun in his or
her vehicle in a school parking lot. (School employees should know
and comply with their employer's policy on this point.) However, it is a
criminal offense for any person who is on school property to exhibi,
use, or threaten to exhibit or use a firearm. See Texas Education
Code 5 37.125(a).
Correct. The narrow definition of "premises" found in TPC §46.035(f)(3) applies only to locations that are made off-limits under TPC §§ 46.03 or 46.035.

Chas.
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