Advice and Opinions

[Mrgordy]

Hello All,

I am still trying to ease the wife into the idea of getting her CHL, not there yet but getting close. She is a realtor and I worry about her safety in certain situations. My question is about her doing open houses for clients. I know it is leagal for her to carry concealed in her vehicle to the property, but what would other members advise their wives about carrying a weapon in her bag from her vehicle into the property and no where else?

Thanks for any input.

[Kythas]

Unless she owns the property she's carrying to, it would be illegal, IMO.

Of course, I am not a lawyer, don't play one on TV, nor did I sleep in a Holiday Inn Express last night.

[Keith B]

I am not a lawyer either, but believe Kythas is correct. Even though she is holding the open house, she is not 'technically' on property that she is in control of. Having one in her purse outside of the vehicle without a CHL, unless traveling to/from your own home or property, is illegal.

[Mrgordy]

I agree with both of you, that it would be illeagal. I just thought that there may be some sort of a loophole, because of the fact that she was in control of the property for the duration of the open house (homeowners are not present).

I know it is a shady question, but I know we have a few realtors on this forum and thought maybe they had some personal experience with this issue.

Thanks for the feedback!

[blue]

She will need a new 'purse'. (Purse's!)

She can find good information about purses, etc. in the Womens section here on the forum.

(CHL grad=dinner, flowers too!)

Highly recommend - crossfire-training.com - in Roanoke-- WIFE APPROVED!!!

Regards,
Blue

[mbw]

I am a Realtor. I would have to assume that if your wife is holding an "Open House" for a client that she or her broker has a contract for sale of the property. If that is in fact the situation, it may be legal for her to have a firearm. The statue says on your own property or "property under your control". Such as an office that you would rent but not own. That may mean that a property under contarct for sale would be a property under your control. Or it may not.

We have always had a rule that a female Realtor cannot work an open house alone.

You really need to ask an attorney for a legal opinion. And get your wife a CHL.

[Kythas]

And get your wife a CHL.

Best bit of advice on this thread. It makes the question moot.

[marksiwel]

This exact question was asked in my CHL class. There was some debate about it being legal since its was at work, but the it settled down on
Get a CHL
and/or
Ask a Lawyer

[blue]

Its better to have a firearm/CHL/insurance/spare tire/etc. and NOT need it
Than to NOT have a firearm/CHL/insurance/spare tire/etc. and Need it.
----------------------------
!. Take class
2. Copy all paperwork (for reference AND Really nice to have at renewal of CHL time!)
3. Mail Certified/Return receipt (package got to DPS for sure!)

Note that the whole process takes what seems like forever, so sooner started, the better. See Stickies above.
(30-100+ days)

[Trinitite]

The CHL is the loophole. It lets normal people do what only the police and military could do in Texas 20 years ago. It's easy to get a CHL if she doesn't have a criminal record.

[A-R]

Get a CHL
and/or
Ask a Lawyer

why risk it? Think of the consequences if she is "caught", even if you're "right" and it is technically legal. Probably arrested, booked, etc, depending on circumstance. And since this would happen "on the job", even if just "caught" by homeowner or open house customer, she now has the reputation as "that crazy Realtor who carries a gun in her purse". Not really the word of mouth that you want around town.

[C-dub]

I must admit that I am even less of a lawyer than Keith B, but I was thinking that it might be okay for your wife to carry to and from a house or property she was showing. It's a gray area to be sure and it will all rest on the definition of control in this situation. Some would say control means that they have the ability to make changes to the property or even sell it, while others might interpret that to mean the level of control a Realtor has over a property they are showing. I was thinking that the latter would be okay.

While many LEO's might arrest a person for doing this, but I'm sure there are many others that would not given the risky nature of being a Realtor and the fact that there have been some that have been killed and attacked while showing a house.

[vinnier6]

the bottom line here is her safety....i would rather my wife carry a weapon concealed in her purse right or wrong, and deal with the issues of not being legal after the fact, then have to deal with what could happen if she was unable to defend herself against someone wanting to do something harmful to her....right or wrong, this is how i feel about it...

now go and get her signed up for a chl class!!

[marksiwel]

Also lets look at this, I've knew a Realtor who kinda broke into someone's house because they thought it was the house they were supposed to be looking at (their assistant/daughter was to blame) Anyway the alarm goes off, the cops show up a minute later (it was in Coppell man, they are everywhere)
Anyway they were ready to charge her with trespass until they realized that she really was who she said she was ect
Now if she had a gun its Armed trespass even with a CHL, without a CHL shes looking at MORE trouble.

[Kinetic]

Another thing to consider. Even it it were legal for her to carry in the house (if it indeed is deemed under her control) a police officer responding for whatever reason, may not know it is legal since it is not a common circumstance and arrest her. All doubt on the part of the LEO would be eliminated by her possessing a CHL.