Unlawful Carrying Weapons....Will Arrests increase in TX???

[KBCraig]

The Bill Of Rights guarantees the right to gun possession. Federal law requires concealed handgun registration under the special circumstances of being within 1000 feet of any school as an affirmative defense.

Conclusion: Gun registration is ordained at the federal level.

There is no gun registration involved when you get a license for concealed carry.

[KRM45]

What would happen if that person had a firearm in their car and a LEO pulled up on them while they were hammering these signs on the roadway?? Would they be arrested? What type of misdemeanor is that??

This would be no more than a class C misdemeanor.

[BadCo45ACP]

The reason this law is not enforced often is that it is quite likely to be found unconstiutional if appeal.

Wouldn't it also require a federal officer to enforce it?

[srothstein]

What would happen if that person had a firearm in their car and a LEO pulled up on them while they were hammering these signs on the roadway?? Would they be arrested? What type of misdemeanor is that??

This would be no more than a class C misdemeanor.

This is still enough to make it illegal for you to have a pistol in the car. Note that the law says engaged in criminal activity other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic.

In other words, running a red light or speeding won't make it unlawfully carrying, but posting illegal signs, making unreasonable noise (disorderly conduct), theft, etc. will make it unlawfully carrying.

[seamusTX]

Wouldn't it also require a federal officer to enforce it?

I'm confused about how violations of federal law are handled.

Many federal laws have corresponding state laws that state officers can use as a basis for an arrest. If local authorities arrest someone and decide that a federal law was violated, they can inform the U.S. attorney, who may press charges.

I don't know how violations of this type, which have no corresponding state law, are handled.

- Jim

[casingpoint]

There is no gun registration involved when you get a license for concealed carry.[/quote]

Well, technically, I reckon not. But THEY will know where to find you, a guy that must own guns because, well, you are registered in THEIR criminal database.

[Lucky45]

This would be no more than a class C misdemeanor.

This is still enough to make it illegal for you to have a pistol in the car. Note that the law says engaged in criminal activity other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic.

In other words, running a red light or speeding won't make it unlawfully carrying, but posting illegal signs, making unreasonable noise (disorderly conduct), theft, etc. will make it unlawfully carrying.

Exactly, srothstein. That is the main reason I came up with this topic, because I got to thinking about it and technically they are many ways that people who choose not to have a CHL ,will get caught up in the legal system very easily. And I think it really comes down to how the LEO is going to carry out his duties. HE could go by the letter of the law, or just "feel" for your ignorance and let you go.

[Lucky45]

There is no gun registration involved when you get a license for concealed carry.

Well, technically, I reckon not. But THEY will know where to find you, a guy that must own guns because, well, you are registered in THEIR criminal database.

I think you need to sit down and do some research, casingpoint. Gun owners are not registered in a criminal database. The only way to get on the NCIC database is to have already been arrested and charged with a crime. That is why a clean background history means, to have NOT been entered into that database.

[casingpoint]

Lucky45,

I assume the Texas concealed carry database is maintained by the Texas DPS. If some police agency, pursuant to an investigation of criminal activity, wants a list of all potential gun owners in a given geographic area so it can go fishing, it is going to gain access to that data whether is is posted with the NCIC or not.

[Lucky45]

Lucky45,

I assume the Texas concealed carry database is maintained by the Texas DPS. If some police agency, pursuant to an investigation of criminal activity, wants a list of all potential gun owners in a given geographic area so it can go fishing, it is going to gain access to that data whether is is posted with the NCIC or not.

Like everything in the US, all of your information is already in the government hands. So why are you just worried about a gun?

Anyway, here is your answer.

GC §411.192. CONFIDENTIALITY OF RECORDS. (a) The department
shall disclose to a criminal justice agency information contained
in its files and records regarding whether a named individual or any
individual named in a specified list is licensed under this subchapter.
Information on an individual subject to disclosure under this section
includes the individual's name, date of birth, gender, race, and zip
code. Except as otherwise provided by this section and by Section
411.193, all other records maintained under this subchapter are confidential
and are not subject to mandatory disclosure under the open
records law, Chapter 552.
(b) An applicant or license holder may be furnished a copy of
disclosable records regarding the applicant or license holder on
request and the payment of a reasonable fee.
(c) The department shall notify a license holder of any request that
is made for information relating to the license holder under this section
and provide the name of the agency making the request.(d) This section does not prohibit the department from making
public and distributing to the public at no cost lists of individuals who
are certified as qualified handgun instructors by the department.

SO they SHALL tell you if your name pops up on the grid if you have a CHL. If you don't have a CHL, they will just pop up at your door with their guns.

[casingpoint]

We've all seen on 24 how THEY are able to access any and all computerized databases. Only Jack Bauer has managed to keep his name off the charts.

[BrassMonkey]

What does having a CHL have to do with owning a gun?

Lucky45,

I assume the Texas concealed carry database is maintained by the Texas DPS. If some police agency, pursuant to an investigation of criminal activity, wants a list of all potential gun owners in a given geographic area so it can go fishing, it is going to gain access to that data whether is is posted with the NCIC or not.

[BrassMonkey]

You would be suprised as to what txi can dig up on you in a pretty short period of time. And he is a "civilian" now...

[stevie_d_64]

You would be suprised as to what txi can dig up on you in a pretty short period of time. And he is a "civilian" now...

What makes his status, and who he is, any different from say...Me???

What difference does it make that we should be surprised at what anyone can dig up on anyone else here???

What does your statement prove???

I don't really care to know really...

I participate here to keep the "shop talk" going, not create this competition. There are other websites out there you can do that in...Not here...

[BrassMonkey]

Here we go again...

1. Ask him - And I have no idea who you are so I can't compare you too

2. People are griping about what information is available to "the man" just pointing that most of that info is available to people not, "the man"

3. I have nothing at all to prove, this is an internet forum. Use the information you find as you see fit

4. I participate here because occasionally, I learn something...

Thank you, come again...

You would be suprised as to what txi can dig up on you in a pretty short period of time. And he is a "civilian" now...

What makes his status, and who he is, any different from say...Me???

What difference does it make that we should be surprised at what anyone can dig up on anyone else here???

What does your statement prove???

I don't really care to know really...

I participate here to keep the "shop talk" going, not create this competition on who can wee wee up higher on the wall than another...There are other websites out there you can do that in...Not here...