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Is it legal or not?

Posted: Mon Oct 04, 2010 6:26 pm
by chrisansilver
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.

Re: Is it legal or not?

Posted: Mon Oct 04, 2010 6:32 pm
by RPB
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.

Re: Is it legal or not?

Posted: Mon Oct 04, 2010 6:33 pm
by Teamless
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.

Re: Is it legal or not?

Posted: Mon Oct 04, 2010 6:34 pm
by TxRVer
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.

Re: Is it legal or not?

Posted: Mon Oct 04, 2010 6:35 pm
by WildBill
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.
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. IANAL

Re: Is it legal or not?

Posted: Mon Oct 04, 2010 6:43 pm
by puma guy
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.
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.

Re: Is it legal or not?

Posted: Mon Oct 04, 2010 6:44 pm
by cbr600
Your signature says "??-??-?? -- Plastic in hand" so I vote it's not legal for you to carry your wife's gun yet. ;-)

Re: Is it legal or not?

Posted: Mon Oct 04, 2010 7:29 pm
by chrisansilver
cbr600 wrote:Your signature says "??-??-?? -- Plastic in hand" so I vote it's not legal for you to carry your wife's gun yet. ;-)
Man you guys don't miss anything :tiphat: CHL will be in my possession any day now and thank god for the forum to keep me straight :rules: . 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, :txflag:

Re: Is it legal or not?

Posted: Tue Oct 05, 2010 11:32 am
by SlickTX
chrisansilver wrote:
cbr600 wrote:Your signature says "??-??-?? -- Plastic in hand" so I vote it's not legal for you to carry your wife's gun yet. ;-)
Man you guys don't miss anything :tiphat: CHL will be in my possession any day now and thank god for the forum to keep me straight :rules: . 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, :txflag:

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?

Re: Is it legal or not?

Posted: Tue Oct 05, 2010 12:41 pm
by txmatt
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?
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.

Re: Is it legal or not?

Posted: Tue Oct 05, 2010 12:44 pm
by bigbang
The government doesn't destroy records. Remember the final scene from Raiders of the Lost Ark?

Re: Is it legal or not?

Posted: Tue Oct 05, 2010 5:07 pm
by C-dub
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.
Interesting. I hope the friends wife is also LE or has her CHL.

Re: Is it legal or not?

Posted: Tue Oct 05, 2010 5:09 pm
by dicion
txmatt wrote:
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?
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.
Yes, but the phone call lookup record is supposed to be deleted at the end of every day.

Re: Is it legal or not?

Posted: Tue Oct 05, 2010 8:56 pm
by srothstein
dicion wrote:
txmatt wrote:
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?
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.
Yes, but the phone call lookup record is supposed to be deleted at the end of every day.
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).

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.

Re: Is it legal or not?

Posted: Fri Oct 08, 2010 4:10 pm
by pt145ss
srothstein wrote:
dicion wrote:
txmatt wrote:
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?
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.
Yes, but the phone call lookup record is supposed to be deleted at the end of every day.
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).

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.
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.

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.