The Great State of TEXAS: CHL Laws Questions

S

Sgt.Fathead

Moderator
You'll have to forgive the awe and excitement that surrounds Texas for me. After spending near our whole adult lives thus far in NJ, we are finally making the permanent move to Texas. While we will eventually settle in the DFW area, we will temporarily be living in McKinney just north of Dallas.

Since we have no CCW here in NJ, which is may issue but I don't know a single person who's ever gotten one, the last time I carried every day it was either an M16A2, an M60E3 or an old 870. Moving to TX, we're interested to get out CHL permits and exercise the rights we haven't been able to.

I have read, thoroughly and more than once, the .pdf files from the State of Texas regarding CHL law. A couple of items on the list have confused me and I hope some Texas members can help me out.

1) Is it illegal to keep an unloaded firearm in your vehicle? What say I have a .357 DA wheel gun or 9mm semi auto in a lock box secured in my truck, cylinder empty or mag out?

2) It is illegal to carry in a school zone, on premises where school activities take place, etc. Same as hospitals. What might happen if one is pulled over by the law and is legally CHL carrying in one of these zones, just driving through.

That probably sounds like a no brainer but here in NJ, we have some really illogical laws. In NJ, carrying a loaded pistol magazine in your pocket, with no gun in sight, is a concealed weapon fir unlawful purposes violation.

3) The law that states that one may not carry in any establishment that makes 51% or more of their profit from alcoholic beverages. How do you know if that is true of a restaurant or not?

4) The law that states that one may not carry at established amusement parks which operate more than 120 days per year. This excludes county fairs and such, right?

Many thanks!
 
1) Nope, it can even be loaded as long as it's concealed.

2) As long as you're on the public street passing through you're good.

3) They will have a 51% sign posted:
51Sign.png


4) County/State fairs are good, it's the "established" (permanent structure) amusement parks you can't carry at.

Check out the TXCHL Forum for all kinds of info: www.texaschlforum.com ;)
 
With only two exceptions, the TX penal code does not distinguish between loaded and unloaded firearms. If you can legally possess the gun then it can also legally be loaded. The exceptions are the law about making a loaded firearm accessible to a child and an exception having to do with LE students transporting firearms. (Note that I specified "TX penal code"--there may be some game/hunting laws that do differentiate between loaded and unloaded firearms.)

Question 1: Currently you may have a handgun in the vehicle with you and readily accessible to you as long as you may legally own the handgun, aren't committing a crime other than a traffic infraction, aren't a member of a street gang and as long as it is concealed.

"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 that is owned by the person or under the person's control.(a-1)

A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which (1) the handgun is in plain view; or(2) the person is (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;(B) prohibited by law from possessing a firearm; or(C) a member of a criminal street gang, as defined by Section 71.01."​

Question 2: This will be covered in the concealed carry course. Just driving past a school is not an issue and for the most part, parking lots are not considered "premises" for the purpose of concealed carry laws.

Question 3: This will be covered in the course. The requirement is actually that the business must make 51% of its profits from alcohol sold to be consumed on the premises. The facility must post a sign that informs CHL holders of the 51% status of the facility. If you are not notified it is a defense to prosecution. Basically they have to notify you but if they don't and you get in trouble the burden of proof is on you to show that you weren't notified. If you can do that then you will win your case.

Question 4: This will be covered in the course. Government property (with some exceptions) may not be posted to prevent CHL holders from legally entering. County fairs can not exclude CHL holders if the fair takes place on government (city/county/state) owned property.
 
Thanks so much for the clarifications. I know that a course is required, as well as six months residence and other factors/requirements for the Texas CHL and I look forward to it.

TFL is always a great place for information and I am glad to be a member.
 
The only thing the statute says regarding the location of the firearm is that it may not be "in plain view". It does NOT have to be in the trunk; it can be concealed on your body in a holster. However, carrying on your body could get you in trouble if you need to leave the vehicle anywhere but on your own property or "directly en route" to your property.

Note that 46.02(a)(2) says that you are permitted to carry "inside of..." a vehicle. In a discussion on this forum several months ago, myself and several other posters concluded that this terminology is ambiguous regarding vehicles without an enclosed cabin, such as motorcycles, bicycles, or open farm tractors. You can't truly be "inside" such a vehicle.

Mandatory disclaimer: I am not an attorney, nor do I play one on TV. ;) This is not official legal advice. Caveat emptor.
 
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