TexasCHLforum.com

I need a second opinion on a question. In the eyes of the Texas law governing a CHL, does it make any difference if the gun is loaded or unload? Is a gun a gun, regardless if it loaded or not loaded? Thanks in advance.

Do you mean do you need a CHL to carry an unloaded handgun? Or do you mean can you carry a handgun either loaded or unloaded with a CHL?

IANAL but I would think that you needed a CHL to carry a handgun regardless of it was loaded or unloaded.

Once you have a CHL I don't believe it matters if you carry it loaded or unloaded but why would you want to carry an unloaded handgun?

Other than access by minors and (maybe) hunting regulations, I don't know any laws that distinguish between a loaded and unloaded gun in Texas.

If it's unloaded the gun becomes a club. I think saps, black jacks, clubs etc. are illegal to carry......can't cite the exact PC but I know it's there somewhere...So, load that that puppy up and make it a useful tool if needed.
**as always YMMV, IANAL, IANBM, IANSM etc etc etc

Viffer wrote:I need a second opinion on a question. In the eyes of the Texas law governing a CHL, does it make any difference if the gun is loaded or unload? Is a gun a gun, regardless if it loaded or not loaded? Thanks in advance.

No. I can find no reference in the DPS booklet "Texas Concealed handgun Laws and selected Statutes" making a distinction, other than PC 46.13, "Making A Firarm Accessible to A Child".

If a concealed and unloaded gun is governed by the Texas CHL rules exactly the same as a loaded gun, then that's important to know. Under that doctrine, a gun is a gun weather it is loaded or not loaded.

If Texas law considers an unloaded and concealed handgun as outside the CHL rules, then I might consider removing the ammunition from the gun in "some" places. For example, I'd rather not leave the gun locked in the car while in church, but keep it with me. That's just one example.

I'm just continuing to sort out all the "ifs", "ands", and "buts." And again, thanks in advance for any guidance.

Viffer wrote:If a concealed and unloaded gun is governed by the Texas CHL rules exactly the same as a loaded gun, then that's important to know. Under that doctrine, a gun is a gun weather it is loaded or not loaded.

If Texas law considers an unloaded and concealed handgun as outside the CHL rules, then I might consider removing the ammunition from the gun in "some" places. For example, I'd rather not leave the gun locked in the car while in church, but keep it with me. That's just one example.

I'm just continuing to sort out all the "ifs", "ands", and "buts." And again, thanks in advance for any guidance.

Why not just carry while at church, and it does not matter if the gun is loaded or not, it's a gun.

Viffer wrote:I'd rather not leave the gun locked in the car while in church, but keep it with me.

Then keep it with you, fully loaded. Unless they are posting a 30.06 (which I doubt) you are perfectly OK to carry concealed in church.

Viffer wrote:If a concealed and unloaded gun is governed by the Texas CHL rules exactly the same as a loaded gun, then that's important to know. Under that doctrine, a gun is a gun weather it is loaded or not loaded.

If Texas law considers an unloaded and concealed handgun as outside the CHL rules, then I might consider removing the ammunition from the gun in "some" places. For example, I'd rather not leave the gun locked in the car while in church, but keep it with me. That's just one example.

I'm just continuing to sort out all the "ifs", "ands", and "buts." And again, thanks in advance for any guidance.

You don't have to lock it in the car while at church unless your church is posted 30.06.
Praise the Lord and pass the ammunition. I'll be carrying tomorrow morning to SS and the service.

dang it...I wish I could type faster....

If a concealed and unloaded gun is governed by the Texas CHL rules exactly the same as a loaded gun, then that's important to know. Under that doctrine, a gun is a gun weather it is loaded or not loaded.

You are correct.

If Texas law considers an unloaded and concealed handgun as outside the CHL rules, then I might consider removing the ammunition from the gun in "some" places. For example, I'd rather not leave the gun locked in the car while in church, but keep it with me.

Why would you want to? Carrying a loaded handgun into a place of worship is not prohibited, UNLESS you were notified via written, verbal communication or sign posting as required by PC 30.06.

It doesn't matter if it's loaded or not it's still a concealed firearm just the same. Look at the definition of firearm in the Penal Code. It makes no mention of whether it's loaded or not. Carrying it empty into a place that is off limits is still illegal. By the way a church is not one of those places. They have to post a 30.06 notice just like anyone else.

gemini wrote: You don't have to lock it in the car while at church unless your church is posted 30.06.
Praise the Lord and pass the ammunition. I'll be carrying tomorrow morning to SS and the service.

Me too. Too many kooks around to not do so. We have had a few 'characters' at our church already that have had to be watched very carefully. Fortunately nothing happened other than them trying to solicit money 'for gas'.

The many replies have helped me on this matter. In my one example, Mr. Sig will go to church with me since there is NOT a 30.06 sign to the contrary. Thanks much folks.

Viffer wrote:The many replies have helped me on this matter. In my one example, Mr. Sig will go to church with me since there is NOT a 30.06 sign to the contrary. Thanks much folks.