TexasCHLforum.com

Let me begin by saying I have never used, possessed, or transported marijuana.

I'm 21 years old and live in Austin, Texas. I recently finished my LTC application, I'm getting my fingerprints done Monday, but I plan on going back to College this weekend.

I live in a 4 bedroom apartment. Two of my roommates use marijuana frequently. There will sometimes be pipes and marijuana in our common living quarters. There is not, and has NEVER been marijuana in my bedroom.

What are my options in regards to keeping my handgun in my personal bedroom? I understand that it is a very big crime (potential Felony) to possess guns and marijuana at the same time.

I don't think it is realistic to expect my roommates to completely remove Marijuana from our apartment. They won't sacrifice their leisure for my gun rights - especially considering two of them are anti-gun. I think I could enforce a "no marijuana in the living room/common areas" policy however.

Would that cover me? I will have credibility as a CHL holder, and my gun will always be on my person or in my bedroom (properly locked with a trigger lock).

Another solution I have considered is keeping my gun (in a safe) in my car in the parking garage downstairs. It's secluded, and once I get my LTC I could holster and unholster in privacy.

Moving is not an option until the end of the semester in May. I simply cannot go through that process right now and maintain focus on school.

Your thoughts? I understand nobody can offer concrete legal advice. I just wanted to seek this forum's opinion.

LTC/Gun or not, you are living in a high-risk situation. I understand the intensity of maintaining focus on school and the disruption moving would cause, but it is the only safe option. I'm not a cop, but I doubt the Austin police go out of their way to ferret out people smoking pot in their apartments, but if anything else happens to bring attention to your room mates -- like they are getting into other drugs, neighbors complain, there's a break-in at your apartment, whatever -- it is very like to splash on you regardless of your abstinence.

The only real answers that I see are find new living accommodations or hope your luck holds out thru the end of the semester.

What are your thoughts on locking it in my car? I imagine that would absolve the legal problems.

The issue with roommates using illegal drugs is you may get caught up in a possession charge yourself, using or not, since they are in the same residence. And it may not be just marijuana, they may step up to higher level drugs or narcotics, which could result in major criminal charges and long jail terms.

In Texas, possession of 2oz or less of Marijuana is a Class B Misdemeanor offense, with penalties of up to 180 days in jail, and fines of $2000. Possession of more than 2oz, up to 5lbs of marijuana, it is a Class A Misdemeanor. Such an offense can result in penalties of up 1 year in jail, and fines of $4000.

So, with the Class B you would lose your LTC for 5 years, plus possibly 2 years if revoked. On the felony, you would lose your license as well as right to own firearms.

Bottom line, as ELB stated, I would get out of the situation where you have any illegal contraband in the house, even though it's not yours.

Keith B wrote:The issue with roommates using illegal drugs is you may get caught up in a possession charge yourself, using or not, since they are in the same residence. And it may not be just marijuana, they may step up to higher level drugs or narcotics, which could result in major criminal charges and long jail terms.

In Texas, possession of 2oz or less of Marijuana is a Class B Misdemeanor offense, with penalties of up to 180 days in jail, and fines of $2000. Possession of more than 2oz, up to 5lbs of marijuana, it is a Class A Misdemeanor. Such an offense can result in penalties of up 1 year in jail, and fines of $4000.

So, with the Class B you would lose your LTC for 5 years, plus possibly 2 years if revoked. On the felony, you would lose your license as well as right to own firearms.

Bottom line, as ELB stated, I would get out of the situation where you have any illegal contraband in the house, even though it's not yours.

Get out ASAP! If you are on a lease get some photographic evidence of the drug usage in the event uou are sued for breaking the lease.

I already said that leaving my apartment is not an option at this time. What is everyone's thoughts on locking my gun in my car when I am not carrying?

MAGAManofATX wrote:I already said that leaving my apartment is not an option at this time. What is everyone's thoughts on locking my gun in my car when I am not carrying?

I am not an instructor, lawyer, and don't play one on TV. I did used to manage apartments. I see the issue as separate. If the gun is not in the apartment with the drugs, then it is not with the drugs. If the gun is on you or in your bedroom, it is with the drugs.

As was stated above, on the small chance something hits the fan, at a minimum you are looking at legal cost to prove you were not involved, and worst case is you lose your right to own a fire arm, vote, get a job, etc. I am pretty sure it would go something like this: You knew drugs were here? You stayed here anyway? you have the right to remain silent.

Sounds like you have to roll the dice and hope nothings comes of it. Or buck up and tell them that there is to be no drugs in the house at all. While socially accepted in many places, the fact is it is still against the law (federal for sure), even if 'just' a misdemeanor.

Good luck.

MAGAManofATX wrote:I already said that leaving my apartment is not an option at this time. What is everyone's thoughts on locking my gun in my car when I am not carrying?

It may be tough but you need to make it an option.
Not sure what you are studying but many employers do background checks on people before they are hired. Some drug arrest or whatever won't look good. Get away from these losers at any cost.

MAGAManofATX wrote:I already said that leaving my apartment is not an option at this time. What is everyone's thoughts on locking my gun in my car when I am not carrying?

We heard you the first time but you are not listening to us. GET OUT NOW!

Find different roommates, move or hold off on having a gun there, unless you want to take a chance.

MAGAManofATX wrote:I already said that leaving my apartment is not an option at this time. What is everyone's thoughts on locking my gun in my car when I am not carrying?

Most of the time the right thing is hard to do. Locking your pistol in your car or in your bedroom doesn't change the legality of illegal drugs in and around your person. It is ILLEGAL rather the gun is in the car or even in another State. If caught you will be charged with or without your firearm. As Keith said above when that happens you will loose your LTC!

If we did a poll I think most would say lay out a semester and move.

I'd have to agree with others. See if you can arrange some other living situation.

Are you in apartments that are dedicated for students? Where each bedroom has its own deadbolt? If so, your lease would be completely separate from theirs and you could ask to be moved to another apartment without breaking the lease possibly. A move within the complex to a new unit may not be as hard on you.

I'm one of those conservatives that believes pot should be treated the same as liquor, but until that day your 2nd amendment right and hobbies related to guns do not mix at all with your room mate's life choices.

Another thing to consider, you've just admitted that you and your gun will be in a capsule where drugs are being used and abused. Moreover, since this is a public forum, your gun being locked in your car while you are residing there is something that anybody can pick up on.

In short, if, hypothetically speaking, something was to go down involving you and or your gun, you would be in a pickle, especially in liberal Austin. If that doesn't light your fire, your wood must be wet.

Now, everyone here is trying to help you out by telling you the same thing, move or don't have a gun there.

Strike 1: your roommates are engaging in illegal activities without regards for your desire to be law abiding.
Strike 2: your roommates are anti-gun, putting you on a different side politically

Potential Strike 3: your roommates get busted and drag you into because a: they're looking for a way out and b: they don't like your guns and political stance. Rather than testify that you had nothing to do with the illegal substances they say you are part of it, and your gun is used to protect all of your drugs.

At the end of the day they could be charged and released for simple possession while you could be facing a stiffer charge of possession of drugs and guns.

If I were you I would not have a gun in the apartment or your vehicle while you are subject to the whims of illegal drug users.

Final thought: is there any "no illegal drugs" policies in your apartment lease?

Maybe some good guy from Austin will let you stay in an extra bedroom or something until you can get another place
If moving is purely financial setup a fundraiser on one of the websites I would donate.