Is it legal or not?
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Is it legal or not?
Me and wife were discussing this the other night, Is it legal or not for me to carry her gun S&W BodyGuard 380 (registered to her) small and compact easily fits in my pocket. When you carry does the firearm need to be registered to you is my question. I am just thinking out of the box here.
My CHL Application.
08-28-10 -- CHL class
09-01-10 -- Application mailed to DPS
09-03-10 -- Received at DPS
09-15-10 -- Information available Processing app
09-23-10--Fingerprints complete
09-24-10-- Background complete
09-24-10-- Manufacturing Pending
10-01-10-- Mailed
10-08-10-- Plastic in hand
08-28-10 -- CHL class
09-01-10 -- Application mailed to DPS
09-03-10 -- Received at DPS
09-15-10 -- Information available Processing app
09-23-10--Fingerprints complete
09-24-10-- Background complete
09-24-10-- Manufacturing Pending
10-01-10-- Mailed
10-08-10-- Plastic in hand
Re: Is it legal or not?
If you inherited a gun/if you bought a used gun from an individual/if someone loans you a gun, why would it matter?
Texas is a Community Property State, don't you own half of it anyway? (kidding)
There is no "gun registration" in Texas, so I'm not sure what you are asking.
A Police officer friend of mine doesn't like to carry off duty, so his wife carries his pistol in her purse when they go out.
Texas is a Community Property State, don't you own half of it anyway? (kidding)
There is no "gun registration" in Texas, so I'm not sure what you are asking.
A Police officer friend of mine doesn't like to carry off duty, so his wife carries his pistol in her purse when they go out.
Last edited by RPB on Mon Oct 04, 2010 6:33 pm, edited 1 time in total.
I'm no lawyer
"Never show your hole card" "Always have something in reserve"
"Never show your hole card" "Always have something in reserve"
Re: Is it legal or not?
In Texas, you do not register your pistol.
I am assuming in my answer that you have a CHL.
If you are asking if you carry a gun that she bought? then yes, you can.
I am assuming in my answer that you have a CHL.
If you are asking if you carry a gun that she bought? then yes, you can.
League City, TX
Yankee born, but got to Texas as fast as I could! NRA / PSC / IANAL
Yankee born, but got to Texas as fast as I could! NRA / PSC / IANAL
Re: Is it legal or not?
There's no such thing as registered in Texas. It's legal for you to carry a gun owned by your wife or anyone else that gives you permission.
Charlie
Re: Is it legal or not?
Unlike states such as Nevada, if you have a Texas CHL the gun doesn't have to be "registered" to the person who carries it. People who carry a semi-automatic under Texas CHL need to have the SA designation on the license. IANALchrisansilver wrote:Me and wife were discussing this the other night, Is it legal or not for me to carry her gun S&W BodyGuard 380 (registered to her) small and compact easily fits in my pocket. When you carry does the firearm need to be registered to you is my question. I am just thinking out of the box here.
NRA Endowment Member
Re: Is it legal or not?
Firearms are not registered to individuals in Texas. There are no laws for registration in the state. Since you have applied for your CHL I assume they covered laws pertaining to CHL. The only perequisite for a specific firearm to CHL is whether you qualified with semi-auto or revolver. Semi-auto can carry either a semi-auto pistol or revolver. Qualification with a revolver limits carry to a wheel gun.chrisansilver wrote:Me and wife were discussing this the other night, Is it legal or not for me to carry her gun S&W BodyGuard 380 (registered to her) small and compact easily fits in my pocket. When you carry does the firearm need to be registered to you is my question. I am just thinking out of the box here.
Last edited by puma guy on Mon Oct 04, 2010 6:52 pm, edited 1 time in total.
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
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My Faith, My Gun and My Constitution: I cling to all three!
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!
Re: Is it legal or not?
Your signature says "??-??-?? -- Plastic in hand" so I vote it's not legal for you to carry your wife's gun yet. 

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Re: Is it legal or not?
Man you guys don't miss anythingcbr600 wrote:Your signature says "??-??-?? -- Plastic in hand" so I vote it's not legal for you to carry your wife's gun yet.


Thanks for everything and all the knowledge that comes from those who reply,

My CHL Application.
08-28-10 -- CHL class
09-01-10 -- Application mailed to DPS
09-03-10 -- Received at DPS
09-15-10 -- Information available Processing app
09-23-10--Fingerprints complete
09-24-10-- Background complete
09-24-10-- Manufacturing Pending
10-01-10-- Mailed
10-08-10-- Plastic in hand
08-28-10 -- CHL class
09-01-10 -- Application mailed to DPS
09-03-10 -- Received at DPS
09-15-10 -- Information available Processing app
09-23-10--Fingerprints complete
09-24-10-- Background complete
09-24-10-- Manufacturing Pending
10-01-10-- Mailed
10-08-10-- Plastic in hand
Re: Is it legal or not?
chrisansilver wrote:Man you guys don't miss anythingcbr600 wrote:Your signature says "??-??-?? -- Plastic in hand" so I vote it's not legal for you to carry your wife's gun yet.CHL will be in my possession any day now and thank god for the forum to keep me straight
. I will need be more selective on my wording (Registered) bought in her name.
Thanks for everything and all the knowledge that comes from those who reply,
I can understand how one would think that the copius paperwork done to pass the instant background check would look and feel a lot like a registration for that firearm.
That being said, I think I read somewhere that the gubmint is supposed to flush that info from its computer systems when the check has been sucessfully completed. Does anyone know anything concrete about that?
[Insert pithy witicism here]
Proudly carrying since 09/10.
Proudly carrying since 09/10.
Re: Is it legal or not?
Dealer has to keep the 4473 for 20 years and if they go out of business within those 20 years, the dealer has to turn the form over to the ATF.SlickTX wrote:
That being said, I think I read somewhere that the gubmint is supposed to flush that info from its computer systems when the check has been sucessfully completed. Does anyone know anything concrete about that?
Re: Is it legal or not?
The government doesn't destroy records. Remember the final scene from Raiders of the Lost Ark?
This is a Glock 40. Fifty Cent. Too Short. All of them talk about a Glock 40. OK?
I'm the only one in this forum fool enough - that I know of - to shoot himself with a Glock 40.
I'm the only one in this forum fool enough - that I know of - to shoot himself with a Glock 40.
Re: Is it legal or not?
Interesting. I hope the friends wife is also LE or has her CHL.RPB wrote:If you inherited a gun/if you bought a used gun from an individual/if someone loans you a gun, why would it matter?
Texas is a Community Property State, don't you own half of it anyway? (kidding)
There is no "gun registration" in Texas, so I'm not sure what you are asking.
A Police officer friend of mine doesn't like to carry off duty, so his wife carries his pistol in her purse when they go out.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
Re: Is it legal or not?
Yes, but the phone call lookup record is supposed to be deleted at the end of every day.txmatt wrote:Dealer has to keep the 4473 for 20 years and if they go out of business within those 20 years, the dealer has to turn the form over to the ATF.SlickTX wrote:
That being said, I think I read somewhere that the gubmint is supposed to flush that info from its computer systems when the check has been sucessfully completed. Does anyone know anything concrete about that?
IANAL, YMMV, ITEOTWAWKI and all that.
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Re: Is it legal or not?
Not quite. Technically it is deleted after 24 hours. This was, IMHO, a lie to placate some people. I have not yet seen a server in any governmental agency or major business that was not backed up each night, at least incrementally. So, if I keep the record for 24 hours, it is on the machine when I do the midnight (or whenever) backup. I then delete the record from the machine but I can keep the backups forever (and most companies do just that).dicion wrote:Yes, but the phone call lookup record is supposed to be deleted at the end of every day.txmatt wrote:Dealer has to keep the 4473 for 20 years and if they go out of business within those 20 years, the dealer has to turn the form over to the ATF.SlickTX wrote:
That being said, I think I read somewhere that the gubmint is supposed to flush that info from its computer systems when the check has been sucessfully completed. Does anyone know anything concrete about that?
So, gun people were placated about the 90 day record that had been in place, but the government can still rebuild the full database anytime it really wants to. I don't really see them ever rebuilding the database and trying to do anything, any more than I see them going out and collecting all of the 4473's. But it is possible and still makes no sense.
A truly honest system would have a database of who is not eligible. The purchase request would be a search for any possible matches. The searches that came up negative would be discarded immediately (why keep a search record that said a person was legal to buy?) while the searches that produced a possible hit would be stored in another database for investigation. If the hit were confirmed as an ineligible person, it would be forwarded to the US attorney in the area for prosecution. I can see keeping those search records, but most records should nto be kept at all.
Steve Rothstein
Re: Is it legal or not?
working at a financial institution we are required to search the fed database (an OFAC search) to see if a loan applicant is a terrorist or not. Having written an application to do this, I can see some very big issues with this. Given all the variables e.g. aliases, differences in address, and etc. and etc. Most everyone we enter receives a hit on the database. We assign weights to each variable and based on the type of hit and calculated weight, we have to determine if we stop the loan process or continue on.srothstein wrote:Not quite. Technically it is deleted after 24 hours. This was, IMHO, a lie to placate some people. I have not yet seen a server in any governmental agency or major business that was not backed up each night, at least incrementally. So, if I keep the record for 24 hours, it is on the machine when I do the midnight (or whenever) backup. I then delete the record from the machine but I can keep the backups forever (and most companies do just that).dicion wrote:Yes, but the phone call lookup record is supposed to be deleted at the end of every day.txmatt wrote:Dealer has to keep the 4473 for 20 years and if they go out of business within those 20 years, the dealer has to turn the form over to the ATF.SlickTX wrote:
That being said, I think I read somewhere that the gubmint is supposed to flush that info from its computer systems when the check has been sucessfully completed. Does anyone know anything concrete about that?
So, gun people were placated about the 90 day record that had been in place, but the government can still rebuild the full database anytime it really wants to. I don't really see them ever rebuilding the database and trying to do anything, any more than I see them going out and collecting all of the 4473's. But it is possible and still makes no sense.
A truly honest system would have a database of who is not eligible. The purchase request would be a search for any possible matches. The searches that came up negative would be discarded immediately (why keep a search record that said a person was legal to buy?) while the searches that produced a possible hit would be stored in another database for investigation. If the hit were confirmed as an ineligible person, it would be forwarded to the US attorney in the area for prosecution. I can see keeping those search records, but most records should nto be kept at all.
In your ideal, I could see something very similar happening...which would mean that instead of instant approval, we could see wait times for an investigation period.