TexasCHLforum.com

Charles L. Cotton wrote:

Solaris wrote:

nightmare69 wrote: 1. If a non license holder is carrying a loaded handgun consealed or open anywhere other than a gun range then they have committed a crime(UCW).

1)Not even close to correct. Texas does not distinguish between loaded or unloaded. If it is legal to carry unloaded, it is legal to carry loaded. If if it is legal to carry concealed, it is legal to carry open (MPA being the only exception I know of). There are also a host of exemptions to UCW in Case Law and in 46.15. For example, a loaded/unloaded concealed/open handgun is legal in your home, your car (cept MPA), hunting, fishing, to/from these places, traveling, etc. I can name many places it is legal beyond 'anywhere other than a gun range".

First and foremost, tone down the attitude!

nightmare69 is correct and you are the one who is "not even close to correct." Anyone carrying a handgun at at a gun show without a LTC violated TPC §46.02 and, as you noted, it doesn't matter if it is loaded or not. Gun shows are not sporting events as found in TPC §46.15(b)(3). As a practical matter, §46.02 is not enforced at gun shows, but that's a matter of custom and practice, not Texas criminal law.

Chas.

Attitude toned down.

I got off topic with non-licensees as the original question was enforceability of 06/07 and as long as you declare, you are GTG.

nightmare69 wrote: I gave one example, most know you can carry at home or your car. If you are not a LTC holder then you better not be carrying a loaded firearm at a gun show. You may get away with a unloaded firearm even though Texas law does not specify between the two, but loaded you will take a ride.

Tthe context of my post was "30.06/30.07 is not really enforceable at a gun show." And I think everyone agrees on that wrt to non licensees.

nightmare69 wrote: 1. If a non license holder is carrying a loaded handgun consealed or open anywhere other than a gun range then they have committed a crime(UCW).

1)Not even close to correct. Texas does not distinguish between loaded or unloaded. If it is legal to carry unloaded, it is legal to carry loaded. If if it is legal to carry concealed, it is legal to carry open (MPA being the only exception I know of). There are also a host of exemptions to UCW in Case Law and in 46.15. For example, a loaded/unloaded concealed/open handgun is legal in your home, your car (cept MPA), hunting, fishing, to/from these places, traveling, etc. I can name many places it is legal beyond 'anywhere other than a gun range".

TVGuy wrote:So, yesterday I was talking to a FFL and two LEOs. All three agreed it was against the law to carry at a gun show and it must be posted/enforced by the show operator per BAFTE rules/regs. I disagreed, but had no "ammo" to back up my argument other than the illegality of posting government owned property, where many gun shows are held.

Can anyone help me bolster my argument?

Thanks in advance.

There are no BATFE rules/regs governing this.

30.06/30.07 is not really enforceable at a gun show.

1) Most patrons (95% typically) are not even CHL holders, so it cannot be enforced on them. That should be obvious. So they can carry away. And they do, I see lots of folks carrying guns at gun shows, and since Texas does not differentiate loaded vs unloaded, no laws are broken.

2) CHL holders who declare their firearm and get it back, have gotten "effective consent", so they are legally carrying also. And as CHL law also does not differentiate loaded vs unloaded, they are free to do either.

What can happen is you can be kicked out, but the act of carrying is not illegal. In fact, that is the whole purpose of a gun show, to carry guns in or out.

eta
I noticed at Market Hall they had 30.07 signs, but they were covered up.I came in/out the South Door.30.06 signs were still there, and I declared my gun so I was GTG.