TexasCHLforum.com

I just joined the site after trying to look up some firearm carry laws. I hope I can get the help I need here.

My brother does not have his CHL. He is taking one night class for his masters Degree at a school here in Austin. He has to park far away from school and walk to and from late at night. I recently found out that he has been carrying his firearm on his person or in his bookbag because of the areas where he has to walk. I know this is completely illegal even with a chl license.(please correct me if I am wrong). I am going to talk to him about that because I am worried about if he was to get caught, the amount of trouble he would be in etc... I understand and abide by the mentality that in a life threatning situation I would much rather be judged by 12 instead of carried by six. I am an avid firearm owner and have the upmost respect for firearms and the laws and responsibility that come with them. I am just looking to get some advice and knowledge about the reprecoutions that could happen to my brother. I dont want to see him end up in jail with a felony etc... Any help is much appreaciated.
Thanks

Federal Firearm violation if he is caught carrying within 1000feet of the school.
Probably a felony arrest if he is caught just 'carrying' it not near a school.

I agree with the judged by 12 than carried by 2, but he is asking for ALOT of trouble.

It's not a federal violation unless the class is taught at an elementary or high school.

Suggest looking into alternative not-illegal weapons.
There are lots of alternative options for College campuses which are not illegal under Texas law.

RPB wrote:Suggest looking into alternative not-illegal weapons.
There are lots of alternative options for College campuses which are not illegal under Texas law.

This is his answer until the legislature passes campus carry AND he gets a CHL

Thanks for the information. What kind of penality could he possibly have brought against him if a-he was in a stuation where he was forced to use... or B-someone found out about it. Also in their handbook they say strictly no firearms.

Texaslifer wrote:Thanks for the information. What kind of penality could he possibly have brought against him if a-he was in a stuation where he was forced to use... or B-someone found out about it. Also in their handbook they say strictly no firearms.

He could get kicked out of school and be convicted of UCW. Both have serious potential consequences to his long term earning potential, unless he goes the selfemployment route and starts his own business.

Texaslifer wrote:Thanks for the information. What kind of penality could he possibly have brought against him if a-he was in a stuation where he was forced to use... or B-someone found out about it. Also in their handbook they say strictly no firearms.

I'm not a lawyer, so take this with a big grain of salt. But my opinion is that your brother runs the risk of being charged--just for being found out--under any or all of the following: Texas Penal Code §46.03 (a third degree felony); §46.02 (a Class A misdemeanor); and §30.05 (a Class A misdemeanor). Possibly also §42.01 (a Class B misdemeanor) if he ever displays or discharges the gun.

If he ever has to use it in self-defense, the force and deadly force statutes in Penal Code Chapter 9 provide various conditions under which justification can be a defense to prosecution. However, those justifications can be taken away in certain instances, like reckless injury to an innocent person. I personally think Chapter 9 should be closely read at least once per quarter by anyone who carries a firearm.

That said, the defenses to prosecution described in Chapter 9 affect only the laws described in that chapter, i.e., use of force and deadly force. The defenses to prosecution do not apply to the other weapons and trespassing charges mentioned in the first paragraph. It's entirely possible someone could be no-billed for a defensive shooting, but still brought up on charges for the other offenses.

Even if I'm only half right, the net message is that carrying a gun to classes on a school campus in a backpack is a very, very bad idea.