TexasCHLforum.com

NcongruNt wrote:It does bother me that there is nothing in the law protecting someone from prosecution for doing something so very commonly necessary as bringing a handgun to a gun shop for holster fitting or repair, regardless of whether under CHL or not.

I agree.

The only defense is that if it is legal to have a handgun in your home (which it is), it must be legal to get it there. If you have a right, you must be allowed to perform all the steps leading to exercising that right. Otherwise, the instant that you touched a handgun in a store, you would be violating 46.02.

- Jim

maximus2161 wrote:
Anyway....as a rule I would not do that but in these two occasions I didnt feel unsafe and it was done at their promting. But I have never done that in any other store. Usually if I need to take a firearm into a gun store for something like sights, holster, parts, etc. then I keep the gun in question unloaded and cased while carrying concealed another gun.

I understand the intent and your reasoning is good. But if you think about it, the unloaded gun in the case is "concealed" Is it legally any different than carrying a gun loaded in a holster? ... a fanny pack?

Liberty wrote:

maximus2161 wrote:
Anyway....as a rule I would not do that but in these two occasions I didnt feel unsafe and it was done at their promting. But I have never done that in any other store. Usually if I need to take a firearm into a gun store for something like sights, holster, parts, etc. then I keep the gun in question unloaded and cased while carrying concealed another gun.

I understand the intent and your reasoning is good. But if you think about it, the unloaded gun in the case is "concealed" Is it legally any different than carrying a gun loaded in a holster? ... a fanny pack?

I don't have an argument about whether it makes sense to have a gun unloaded in a gun shop when you bring it in or not.

As far as the law is concerned, an empty gun and a loaded gun are both deadly weapons. There's no differentiation made in the law, as far as I have ever read. What I am getting at here is what can be prosecuted for under the law, not what makes sense to you and me. Once you take the gun out of its case in a gun shop, you are violating the law. Additionally, by the logic you just set forth, a non-CHL holder carrying a gun in a case without even opening it up anywhere except his home, traveling in a vehicle, or to and from a range is already in violation of the law by having a concealed handgun, including when he is in a gun shop. The court is going to enforce the law, not what you and I think. Under the law as it is, a person can be prosecuted for having an unloaded handgun in a gun shop, and that's not right.

My local gun shop actually has a fitting room for this purpose.

An earlier post in this thread mentioned Gun Shows...

What is the correct, legal way to transition from concealed, loaded carry outside the front door... to unloaded and tied in the show.... and then back to loaded and concealed when you leave????

Will938 wrote:My local gun shop actually has a fitting room for this purpose.

It struck me as odd at first when I was pointed to a bath room to try on a holster (along with one of the stores rentals), but it is actually the logical way to do it.

sailor2000 wrote:An earlier post in this thread mentioned Gun Shows...

What is the correct, legal way to transition from concealed, loaded carry outside the front door... to unloaded and tied in the show.... and then back to loaded and concealed when you leave????

At the gun shows here in the Shreveport/Bossier area, they have a police booth at the entrance. You present yourself and your CHL to the officer, clear your weapon, and your ammo and magazines go into a numbered tray. You retain your weapon, and pick up your mags and ammo on the way out.

Out of curiosity, I have sent the following to several Texas gun show promoters...

Will advise what, if any responses I get...

"What is the procedure for arriving at your show with my concealed handgun, clearing
the weapon, storing the ammunition and re-loading upon exiting?

State law prohibits me from unloading, clearing or re-loading and re-concealing
in public, so I assume you have a place to do this at your entrance and exits?"

Reply from Jerry Carr of 'The Reeal Gun Show' to the above question;


"... No, I will not assume the responsibility of providing a place to unload or load firearms. You can do it before you leave your home or in your car
when you arrive at the show. The policy is an outgrowth of an incident
where a CHL holder decided he needed a holster for his pistol AFTER
entering the show. So, he broke concealment and proceeded to drop the
clip and unload the chamber. The clip dropped to the floor and he wound
up struggling to eject the round from the chamber which "smoke stacked"
because the rearward motion of the slide wasn't strong enough. The
result was a loaded (sort of) weapon being pointed at various attendees
in the show until the round was eventually cleared. Of course, I do not
expect that you would do this because you obviously know you are not
allowed to break concealment. However, you must appreciate my position.
I pay my attorney for advice that that policy was what he came up with,
so that is what I do. Thank you for your interest in the show.

Jerry Carr"

Its a gun shop. Im sure they have one like what you have. Dont make it complicated. Walk in and talk to them.

spud wrote:Its a gun shop. Im sure they have one like what you have. Dont make it complicated. Walk in and talk to them.

That's not a real solution. I'm only making it complicated because the law makes it illegal to do something that clearly is necessary. As I mentioned earlier, I still have to bring a gun into a shop If I want to get it serviced. I'm pretty sure the one shop that has a decent selection of holsters near me doesn't carry a CZ-52 or a Nagant 1895 revolver.

The entire point of this thread is to discuss the law, not what a gun shop is "OK" with.

sailor2000 wrote:Reply from Jerry Carr of 'The Reeal Gun Show' to the above question;


"... No, I will not assume the responsibility of providing a place to unload or load firearms. You can do it before you leave your home or in your car
when you arrive at the show. The policy is an outgrowth of an incident
where a CHL holder decided he needed a holster for his pistol AFTER
entering the show. So, he broke concealment and proceeded to drop the
clip and unload the chamber. The clip dropped to the floor and he wound
up struggling to eject the round from the chamber which "smoke stacked"
because the rearward motion of the slide wasn't strong enough. The
result was a loaded (sort of) weapon being pointed at various attendees
in the show until the round was eventually cleared. Of course, I do not
expect that you would do this because you obviously know you are not
allowed to break concealment. However, you must appreciate my position.
I pay my attorney for advice that that policy was what he came up with,
so that is what I do. Thank you for your interest in the show.

Jerry Carr"

A gun show promoter who doesn't know the difference between a magazine and a clip.

I also love the "you must . . ." Can anyone quote that law?

A reply from Saxet...

"Dear Sir

The safest place to clear your weapon would be in the in our car. There
you are by your self and feel no pressure to hurry the proceedure, or leave the weapon loaded lock in your glove box.

Thanks !! Saxet"

Sailor, I hope you're following up with some "Thanks, but that's not what I asked" emails.

Something along the lines of, "I want to know what you are providing for safe clearing and reloading, since you require visitors to unload. And by the way, you require them to break the law when they do so."

I've never been to any of these big gun shows, and I would never break concealment for holster fitting, etc., in any case.

So unless they require passing a metal detector, or unless they're in a non-government facility where a 30.06 notice is valid, I do believe I'd ignore their warnings and "rules".

Kevin

No, I didn't reply to the promoters that replied.... their policy is their policy... It is clear I am not going to change their minds.

HGCA did not respond to the question. Is anyone surprised??