Newbie questions!!

[Edro20]

I am a noob regarding CHL. I have experience with rifles/shotguns and hunting (I also reload for the rifles). I bought my first handgun in January (Springfield Armory XDm .40 S & W). I am currently "carrying" in my vehicle. I have a mini gun vault from http://www.gunvault.com/minisafe.nxg. I have permission from my employer to have a firearm in my vehicle at work and once I get the CHL, I will have permission to have a weapon on my person at work. I have a conceal holster and everything to carry, but I do not use those as yet. I suspect that my questions have been posted before, but the search feature on these forums is exhausting me. I beg your forgiveness.

Q: With regard to the castle doctrine (TX), I understand that I have the right to have a weapon/use of deadly force while at home, at work and also in my car. I conceal on the way to and from the vehicle in a small plastic case. It is the case that the promotional free mags you get if you bought a SA XDm during the promo (some of you know what I mean). Is this adequate concealment on the way to and from the car? While in the car, the gun is in the gun safe.

Q: Is is legal to have a weapon concealed on my person while in the vehicle? I was told that it is illegal to have a weapon "on me" while driving. True? That said, I wonder if it is illegal to have a weapon "on me" and concealed if I should stop to get gas. This would be a situation where I am at the pump (outside the vehicle) and not entering any building at all. Just an outside credit card point of sale at the pump. Thoughts?

Q: This might be tricky. Assuming that I have a CHL, what are my rights as far as other peoples houses. As part of my job, I am required to enter other peoples homes. I do know that as far as my relationship with the client, I am considered a "business invitee" as far as torts are considered. What is the CHL reality regarding this?

Thanks and sorry if I have rehashed any dead horses.

[Commander Cody]

All very good questions. You should try search in the upper left of your screen.

[Commander Cody]

I mean the "other Left".

[Edro20]

Thanks CC, but I have tried the search and didn't really find what I was looking for.

[seamusTX]

I have permission from my employer to have a firearm in my vehicle at work and once I get the CHL, I will have permission to have a weapon on my person at work.

Congratulations. Everybody wants to know how you accomplished that.

I conceal on the way to and from the vehicle in a small plastic case. It is the case that the promotional free mags you get if you bought a SA XDm during the promo (some of you know what I mean). Is this adequate concealment on the way to and from the car?

The precise language of the law (Penal Code 46.02) does not require you to conceal a firearm while going from your home or workplace to your vehicle. It also does not allow you to take the firearm from your vehicle to your home or workplace. Those aspects of the law have never been tested in court, AFAIK.

That said, if whatever you are carrying does not look like a weapon "the presence of which is not openly discernible to the ordinary observation of a reasonable person," you're good to go. Police officers cannot stop and search without probable cause that you are committing a crime. They just do not stop people who are peaceably going about their business. Most search-and-seizure cases deal with defendants who were actually committing a crime (mostly drug possession).

Is is legal to have a weapon concealed on my person while in the vehicle?

Strictly speaking, yes.

... I wonder if it is illegal to have a weapon "on me" and concealed if I should stop to get gas.

No. You must be "inside of or directly en route to a motor vehicle ..."
That's the problem with carrying on your person in a vehicle without a CHL. There can be times when disarming is difficult. If the police see you fumbling around that way at a traffic stop, it could ruin your whole day.

I like to think that this is the definitve discussion of this law: http://www.texasshooting.com/TexasCHL_F ... 34&p=88581" onclick="window.open(this.href);return false;

- Jim

[ClarkLZeuss]

I wonder if it is illegal to have a weapon "on me" and concealed if I should stop to get gas. This would be a situation where I am at the pump (outside the vehicle) and not entering any building at all. Just an outside credit card point of sale at the pump. Thoughts?

The way I understand the law, you are only "safe" carrying a pistol in your car. Once you step outside your car, you have to be a CHL, unless you are walking to/from your house, or the range.

Q: This might be tricky. Assuming that I have a CHL, what are my rights as far as other peoples houses. As part of my job, I am required to enter other peoples homes. I do know that as far as my relationship with the client, I am considered a "business invitee" as far as torts are considered. What is the CHL reality regarding this?

Hmm, someone more knowledgeable should speak to this, but I think you're not forbidden to enter private property armed unless you've been notified orally or with a 30.06 sign or card. In other words, by default, you may legally carry onto private property. (Not the opposite: by default you are forbidden). So basically, don't ask, don't tell. But since this will be a part of your job, I would read your employee handbook.

[seamusTX]

Clark, you are right. In Texas, homes are no different from any other private property. You must be given oral notice that you cannot enter or must leave, or a 30.06 sign must be posted (which I have never heard of).

In Arkansas, you must ask permission of the homeowner. I don't know about other states.

- Jim

[ClarkLZeuss]

In Arkansas, you must ask permission of the homeowner. I don't know about other states.

[Edro20]

Thanks to all. I will not carry outside of my vehicle as stated until I get the cert. I still have that "be-on-a-list-0phobia", but I will try and work past that.

[Edro20]

[ Everybody wants to know how you accomplished that.

Thanks for the reply. My boss is a gun enthusiast as well. As a matter of fact, one headline in the local paper prompted him to tell me today that I am allowed to bring any firearm that I deem to be necessary for my personal safety. I will do that! I work for a small company that does not have to conform to scardy cat insurers per se.

[seamusTX]

Wow! It's rare to have that kind of relationship with a boss. You're lucky.

- Jim