Carry at work while waiting on original chl.

[Neverpanic1]

Question posted on a CHL forum. I noticed conflicting answers, including two instructors.

My take would be Ok with written/signed permission from "owner" and only on premises.
Thoughts ???

[Keith B]

Question posted on a CHL forum. I noticed conflicting answers, including two instructors.

My take would be Ok with written/signed permission from "owner" and only on premises.
Thoughts ???

Not actually. The owner cannot give you permission to carry on the property without a CHL. What it requires is that you must be in control of the property on which you are carrying. SO, if the owner tells you 'You are in charge and in control of the property', or if you already are the one in control during the time you are there, then you can legally carry on that property. You also can carry in the vehicle and from/to it from property you are in control of.

[K5GU]

I agree with Keith. Under PC 46.02 it would be a Class A misdemeanor or a 3rd deg. felony, depending on the premises.
"(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages."

However, there is a bill, HB1509 (and companion SB439) working through the state legislature that would amend Penal Code Ch. 46 to get consent by the owner to carry (without a CHL) on owner's property (person getting consent doesn't have to be an employee). http://www.capitol.state.tx.us/tlodocs/ ... 01509I.htm

[suthdj]

Here's a twist, if I work in an office and everyone goes home for the day except me, am I now in control and can carry?

[Keith B]

Here's a twist, if I work in an office and everyone goes home for the day except me, am I now in control and can carry?

I don't know, are you? Only you can know the exact situation and if you are officially in control of the location or not.

Now, if I feel I am in control of the premises and want to carry, that is the defense I would use if challenged on carrying and didn't have a license.

[K5GU]

Here's a twist, if I work in an office and everyone goes home for the day except me, am I now in control and can carry?

It might depend on the interpretation of "control". This from a court case: "The term "control" is defined as the power or authority to manage, direct, superintend, restrict, regulate, govern, administer, or oversee. Black's Law Dictionary 298 (5th ed. 1979). Further, the meaning of words "operate" and "own" are generally understood to indicate an ability to manage and control."

One who has an employer involved (i.e, you're an employee) should also be aware of company policies regarding possession of a firearm on the premises. If the policy says possessing a firearm is not allowed on the premises, then it could become a condition of employment, meaning if you were caught, even if it's not a violation of state, federal or local law, you might lose your job, be reassigned, etc.