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by seamusTX
Sat Aug 02, 2008 6:00 pm
Forum: General Texas CHL Discussion
Topic: Carry at your place of business WITHOUT a CHL
Replies: 4
Views: 1149

Re: Carry at your place of business WITHOUT a CHL

Real property means land and buildings.

IMHO, the living quarters clause applies only to recreational vehicles. Before 2005, it was illegal to carry a handgun, "illegal" knife, or club in a motor vehicle. The legislature in earlier times wanted to allow people to have weapons in their RV living quarters, but not in the cockpit.

The manager of a business that serves alcoholic beverages is specifically permitted to carry a weapon because 46.02 makes it a felony offense to carry a weapon in a place where alcoholic beverages are sold.

The exact language of PC §46.15(7) is
holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises.
I don't know the legislative history of this clause. Something must have happened that made it necessary. Texas law is a mess of conflicting amendments.

One could note that employees of gun stores and ranges frequently carry openly. They are never prosecuted (unless one shoots another, as has happened).

- Jim
by seamusTX
Sat Aug 02, 2008 1:24 pm
Forum: General Texas CHL Discussion
Topic: Carry at your place of business WITHOUT a CHL
Replies: 4
Views: 1149

Re: Carry at your place of business WITHOUT a CHL

Yes. The relevant law is Penal Code 46.02, which makes it an offense to carry except on premises or in a vehicle that you own or control. If an action is not defined as an offense, it is legal.

PC 46.15 also specifically allows the manager of a place that is license to serve alcoholic beverages to carry.

- Jim

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