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by mr.72
Fri Oct 17, 2008 3:01 pm
Forum: General Texas CHL Discussion
Topic: how do gun stores do it?
Replies: 41
Views: 3101

Re: how do gun stores do it?

So, let's say I am employed by a church. Can I get permission to intentionally fail to conceal while working at church?
by mr.72
Fri Oct 17, 2008 2:44 pm
Forum: General Texas CHL Discussion
Topic: how do gun stores do it?
Replies: 41
Views: 3101

how do gun stores do it?

I am sure I am missing something in the PC...

Gun store employees routinely carry openly inside the place of business, even if they are not the owner.

As far as I can tell, the law says:

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.



PC §46.15.

NONAPPLICABILITY.

(2) is on the person's own premises or premises under the person's control unless the person is an employee or agent of the owner of the premises and the person's primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5);


So it appears that, unless the employee's primary responsibility is as a security guard, then in a gun store, OC is illegal. Certainly I am missing something because it is common practice.

The reason I am asking is to clarify under what circumstances an employee might be allowed to open-carry in their place of employment.

It seems that I have to conceal my handgun on any property except that which I own or that is under my "control". I don't know what it means for it to be under my "control", but I would think, that means either my own property or if I am leasing it, etc.

Can anyone shed some light on this subject?

Thanks!

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