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by ScottDLS
Mon Mar 29, 2010 6:13 pm
Forum: General Texas CHL Discussion
Topic: Gun Store
Replies: 45
Views: 10457

Re: Gun Store

G26ster wrote:
LarryH wrote:How about putting the gun box in a store bag and carry it out that way?

A Bass Pro Shop (or Academy or Gander Mountain or . . .) bag could contain darn near anything.
That's the point. A non CHL doesn't have to put the holster or the Glock box in a bag as he/she is exempted under 46.02. The CHL apparently does (or might have to) according to Keith B. (for the holster) to keep from being nabbed for Failure to Conceal under 46.035. If so, why should a CHL have to jump through hoops a non CHL doesn't if the weapon is not his/her carry weapon, but one he/she just bought, had repaired, or fired at Bass Pro range, etc.?

I'm NOT opposed to having to follow strict laws as a CHL, nor am looking for special treatment. I just want to be sure that I have the same rights as everyone else. I do not want to lose these rights just because I have a CHL. If 46.02 trumps 46.035, that's fine, but I don't think we have a legal opinion on that (yet).

Now all of this is hypothetical, and my recent posts have been strictly related to Keith B.'s answer to the picture of the holster in this thread.
My argument is that 46.035 trumps itself. It states:
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER, (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
If a non-CHL can carry to their car, then a CHL doing the same thing is NOT "carrying under the authority" of their CHL. So they don't have the 46.035 duty to conceal.

For example, if you are open carrying in your own house and you have a CHL, are you violating 46.035? I argue that you are not. Same if you're (handgun) hunting. Or carrying a gun at the range.
by ScottDLS
Mon Mar 29, 2010 3:59 pm
Forum: General Texas CHL Discussion
Topic: Gun Store
Replies: 45
Views: 10457

Re: Gun Store

G26ster wrote:
ScottDLS wrote:
G26ster wrote:
There is no exception to 46.02 that applies to a non-CHL buyer leaving the store with a purchased handgun. So concealed or not, it is against the law to carry a handgun on or about your person unless you have a CHL or fit one of the other 46.15 exceptions (sporting activity, hunting, traveling, etc.).
If I am leaving the store as a non CHL and going directly to my car in the parking lot, according to PC46.02(a)(2) I am legal.

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:

(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

So my point was, the non CHL is legal under PC46.02(a)(2), but a CHL is in violation of PC46.035(a) unless PC46.02 trumps PC46.035.
You know what...You are right. When 46.02 was changed allowing car carry, it removed the requirement for some other 46.15 exception (like hunting) to carry in or to your car. I think you could argue that you are not carrying under the authority of your CHL if you are going directly to/from your car, so just like hunting, 46.035 should not apply.
by ScottDLS
Mon Mar 29, 2010 3:21 pm
Forum: General Texas CHL Discussion
Topic: Gun Store
Replies: 45
Views: 10457

Re: Gun Store

G26ster wrote: Keith B; You are certainly one of the most knowledgeable on the forum, so I respect greatly what you have to say. Using your reasoning above, one could argue all kinds of reasons a non-CHL could not be charged, where a CHL could be charged with Failure to Conceal. Under PC46.02(a)(2) John Q. Public can walk out of a gun store, Bass Pro, Cabela's, etc. to their car with a big black case that says "GLOCK" on it, and be protected, even if police are called by some frantic anti type, and there is a gun in the case. However PC46.035(a) prohibits a CHL from failure to conceal under any circumstances. The big black case that says "GLOCK" is on or about his person, and it's not concealed if you use the holster analogy above. Does PC46.02 trump PC46.035? I don't know. Or, am I reading the statutes wrong?
There is no exception to 46.02 that applies to a non-CHL buyer leaving the store with a purchased handgun. So concealed or not, it is against the law to carry a handgun on or about your person unless you have a CHL or fit one of the other 46.15 exceptions (sporting activity, hunting, traveling, etc.). Incidentally, if you are a CHL holder, you can still open carry to/from/while hunting, target shooting (sporting activity), or on your own property, because you are not "carrying under the authority of your CHL".
by ScottDLS
Sun Mar 28, 2010 10:19 pm
Forum: General Texas CHL Discussion
Topic: Gun Store
Replies: 45
Views: 10457

Re: Gun Store

ericlw wrote:
sjfcontrol wrote:
texjames wrote: When you buy your gun its in a gun box...thats not concealed!
Your over thinking it i believe...
Sure it is, unless the gun box is transparent. What's the difference between a gun box, a fanny pack, and a concealment purse? (No, that not the first line of a joke.)

Point is, if you can't see the gun, it's concealed. Doesn't matter if it's in a gun-shaped box with the words "DANGER -GUN" stenciled on the side -- it's still concealed.

well i went to the gun show today and they were having some eco challenge thing infront of the george r brown convention center and i walked right by about 20 HPD officers with a blue case that said "smith wesson" down the side.none of them even looked at me at all.
Do you have a CHL? If so, not a problem.

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