How I concealed gun in non reciprocity state: Was I legal?

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Doug.38PR
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How I concealed gun in non reciprocity state: Was I legal?

Post by Doug.38PR »

Here was my situation: I just got back from a trip to Colorado. Colorado as of 2007, no longer honors non-resident permits of other states. I am now a resident of Louisiana, but I kept my Texas CHL as a non-resident permit. Our group traveled via private bus from Louisiana to Texas to New Mexico (all of which are legal) to Colorado (the one place that does not honor my permit).
Colorado law does allow you to have weapon in car for travel and in hotel room/residence.

Since I was traveling with 50+ people and wanted none of them to know I had CCW I tried to figure out a way to be discreet while still staying within the law. Once the bus crossed the border to Colorado, I would be illegally carrying. It would draw attention and be risky if I tried to slip the gun in a carry on bag on the bus. It would be odd for me to take a carry on bag into the bus bathroom or any bathroom. Even if I did manage to put it in a carry on bag, it would risk being stolen (bag and all). I know that in some states, like Texas to my understanding, simply unloading the gun is not enough and is still considered carrying a gun "on or about your person."

Well, I went into the bus bathroom as soon as we crossed the state line and unloaded the gun and put the ammo in my pocket and then with a screwdriver I had with me, took the cylinder and crane off my revolver and put it in my other pocket and then put the frame of the revolver back into my shoulder holster. I then had not only an unloaded gun, but merely gun parts on me which would take time and be quite a hassel to reassemble. I then put all of it in a briefcase once I got to our lodging. On the way back, I went back into the bathroom once we crossed back into New Mexico and put the cylinder back on the gun and reloaded it.

Was this legal? I figured it might be something of a gray area, but technically I don't think there anything illegal about carrying parts of a gun and at that point I don't have a functioning weapon "on or about my person." I figured th worst case scenario, even if I was technically outside the law, an officer would understand given that I was trying to be discreet, prevent a gun from being stolen while making every effort to stay within the law. And to top it all off even though my CHL isn't honored, it still tells the policeman that I have no criminal record and am probably safe.

What do you CHL instructors and LEOs think of this?

Good Idea? bad idea? Other idea?

Doug
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WildBill
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by WildBill »

Doug.38PR wrote:Was this legal? I figured it might be something of a gray area, but technically I don't think there anything illegal about carrying parts of a gun and at that point I don't have a functioning weapon "on or about my person."
You might get a break, but I don't think that it matters whether or not it is "a functioning weapon", but IANAL.
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RoyGBiv
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by RoyGBiv »

I'm not sure whether you were not allowed to carry on the bus... Was it a "private" bus?
However, you definitely can't carry concealed off the bus..

http://csp.state.co.us/faq_Guns.html" onclick="window.open(this.href);return false;
What are Colorado's laws concerning firearms?

Colorado allows a person to carry a firearm in a vehicle, loaded or unloaded, if its use is for lawful protection of such person or another's person or property. [C.R.S. 18-12-105(2)] Colorado law also allows a person to possess a handgun in a dwelling, place of business, or automobile. However, you cannot carry the weapon concealed on or about your person while transporting it into your home, business, hotel room, etc. Local jurisdictions may not enact laws that restrict a person's ability to travel with a weapon. [C.R.S. 18-12-105.6] The Act permits the nationwide carrying of concealed handguns by qualified current and retired law enforcement officers and amends the Gun Control Act of 1968 (Pub. L. 90-618, 82 Stat. 1213) to exempt qualified current and retired law enforcement officers from state and local laws prohibiting the carry of concealed firearms.
I didn't have time to find the text... you can look it up at the web site link abouve I think..

EDIT...
18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.
(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:
(a) Carries a knife concealed on or about his or her person; or
(b) Carries a firearm concealed on or about his or her person; or
(c) Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.
(d) (Deleted by amendment, L. 93, p. 964, § 1, effective July 1, 1993.)
(2) It shall not be an offense if the defendant was:
(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or
(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling; or
(c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214; or
(d) A peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or
(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)
(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.
I am not a lawyer. This is NOT legal advice.!
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Doug.38PR
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by Doug.38PR »

it WAS a private bus. I read that law you just posted last week. I thought I might technically be allowed to carry while on the bus because of that fact. But we made too many stops to stretch and eat I didn't want to fool it with it (as you said, can't carry off the bus)....and the way I read the the law, a private vehicle I figured was intended to mean your own car or a passanger carpooling with somebody in mind. Not a passanger bus (even if it is private) Didn't want to push things.
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by Oldgringo »

Look here. Now then, what does the OP think?
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by Doug.38PR »

OP is confused. I went to this page last week. CHL holders from other states must have resident permits. Mine is non resident. That's why I disassembled my gun and why I posted the discussion.
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by Doug.38PR »

maybe my original subject title is confusing. The bottom line question is this: Was I technically carrying a concealed handgun on or about my person in Colorado once having unloaded and disassembled the gun?

EDIT: and if I WAS carrying on or about my person under those conditions....then how is ANYBODY supposed to transport their gun in Colorado without valid CHL? I mean having it unloaded in a suitcase you are carrying is still "on or about your person"....
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Oldgringo
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by Oldgringo »

Doug.38PR wrote:maybe my original subject title is confusing. The bottom line question is this: Was I technically carrying a concealed handgun on or about my person in Colorado once having unloaded and disassembled the gun?

EDIT: and if I WAS carrying on or about my person under those conditions....then how is ANYBODY supposed to transport their gun in Colorado without valid CHL? I mean having it unloaded in a suitcase you are carrying is still "on or about your person"....
Isn't this a question for the Colorado authorities?
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by Doug.38PR »

I guess it would be easier to call the DA or state attorney general...but then again going through all the computer phone service, red tape, etc..... :mrgreen:

Colorado law, while it does allow you to carry in a vehicle it also apparently does not allow you to carry a gun concealed while transporting it from vehicle to hotel room/residence/etc. So there, again, what is considered a "weapon" "on or about your person" To my understanding, in Texas, "on or about your person" means where you can access it and use it. At what point does the weapon cease being a concealed weapon and become metal parts or packed away not on or about your person. You know people move guns from car to hotel room all the time.

http://csp.state.co.us/faq_Guns.html" onclick="window.open(this.href);return false;
Colorado allows a person to carry a firearm in a vehicle, loaded or unloaded, if its use is for lawful protection of such person or another's person or property. [C.R.S. 18-12-105(2)] Colorado law also allows a person to possess a handgun in a dwelling, place of business, or automobile. However, you cannot carry the weapon concealed on or about your person while transporting it into your home, business, hotel room, etc. Local jurisdictions may not enact laws that restrict a person's ability to travel with a weapon. [C.R.S. 18-12-105.6] The Act permits the nationwide carrying of concealed handguns by qualified current and retired law enforcement officers and amends the Gun Control Act of 1968 (Pub. L. 90-618, 82 Stat. 1213) to exempt qualified current and retired law enforcement officers from state and local laws prohibiting the carry of concealed firearms.
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by MoJo »

Shouldn't you get a Louisiana License since you are now a resident of Louisiana? You should still be able to keep your Texas license.
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Doug.38PR
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by Doug.38PR »

^
Yes. In fact I am planning to do so in the next few weeks. Reason I haven't done it is becaue you have to be a resident of Louisiana for more than 6 months. While I have been a resident here since August of 2009, I didn't change my DL from my Houston to Louisiana address unil about 4 or 5 months ago.

And I DO plan to keep my Texas CHL. New Mexico doesn't recognize Louisiana CHLS, but they do recognize Texas (non resident and resident)
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by MoJo »

Doug.38PR wrote:^
Yes. In fact I am planning to do so in the next few weeks. Reason I haven't done it is becaue you have to be a resident of Louisiana for more than 6 months. While I have been a resident here since August of 2009, I didn't change my DL from my Houston to Louisiana address unil about 4 or 5 months ago.

And I DO plan to keep my Texas CHL. New Mexico doesn't recognize Louisiana CHLS, but they do recognize Texas (non resident and resident)
A good friend of mine is an La CHL instructor in Lake Charles PM me if you want his info.
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by denwego »

I lived in Boulder, CO, for three years recently, and a handgun on a bus was a huge inconvenience for me while I was there. Boulder is small and very congested with traffic, and has a very good bus system that I could ride for free thanks to my affiliation with CU... however, when I was taking my Colorado CHP class, I learned about this gem:

http://www.michie.com/colorado/lpext.dl ... me.htm&2.0" onclick="window.open(this.href);return false;

A person commits a class 6 felony if, without legal authority, he has any loaded firearm or explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation, as defined in section 18-9-115 (4).

"Facility of public transportation" means any public conveyance and any property or buildings associated with it. The instructor mostly warned about DIA and other airports, but busses are within the meaning. If your gun's unloaded, this law doesn't apply, but it's a dangerous thing to flirt around with considering that it's a felony offense.
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by Keith B »

denwego wrote:I lived in Boulder, CO, for three years recently, and a handgun on a bus was a huge inconvenience for me while I was there. Boulder is small and very congested with traffic, and has a very good bus system that I could ride for free thanks to my affiliation with CU... however, when I was taking my Colorado CHP class, I learned about this gem:

http://www.michie.com/colorado/lpext.dl ... me.htm&2.0" onclick="window.open(this.href);return false;

A person commits a class 6 felony if, without legal authority, he has any loaded firearm or explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation, as defined in section 18-9-115 (4).

"Facility of public transportation" means any public conveyance and any property or buildings associated with it. The instructor mostly warned about DIA and other airports, but busses are within the meaning. If your gun's unloaded, this law doesn't apply, but it's a dangerous thing to flirt around with considering that it's a felony offense.
Doesn't apply here. He already stated it was not public transportation, but a privately chartered bus.
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Re: How I concealed gun in non reciprocity state: Was I lega

Post by VMI77 »

RoyGBiv wrote:However, you cannot carry the weapon concealed on or about your person while transporting it into your home, business, hotel room, etc.

OK, so then how do you carry a handgun into your home, business, or hotel room? Holstered? In your hand? If you have it in a gun case, or your luggage, wouldn't it be concealed "on or about your person?"
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