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Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 10:18 am
by Joey
I did my first open carry yesterday into my local Super One foods, there was a LEO working security and she never said anything to me, not sure if she just didn't notice or what. But, it got me thinking.
1. Does an off duty LEO have the right to disarm you or ask to see your LTC?
2. I've noticed that all the movie theaters in my area have 30.06 & 30.07 signs, what is this about?
3. If I go out to eat somewhere and there is no sign posted and I open carry if someone comes up to me and says something what's the best course of action? Just leave, explain to them they should put up signs, explain to them that even if they put up signs it's not going to keep criminals from having guns.
4. Let's say I'm jogging at night and someone comes up and demands I give them my wallet or they'll shoot, I can't tell if they really have a gun or not what's the best way to deal with this situation. I feel like if I were to shoot them and they didn't have a gun I'd be in trouble.
Re: Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 11:10 am
by Abraham
All of this will be explained when you take the LTC course.
Good luck!
Re: Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 11:15 am
by Javier730
Or at least it should have...
Re: Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 11:24 am
by goose
I am also surprised that these general scenarios weren't covered in class. If you were OCing, you should have already taken the class.
1. LEO are LEO. If the scenario progresses to the point that disarming you is warranted, their on-duty or off-duty status isn't really the issue anymore.
2. Appeasing the sheeple, just like all of the other signs.
3. If a person of authority asks you to leave, you must leave. All discussions after that would need to either happen outside, or after you returned unarmed.
4. In your scenario, are you in fear for your life?
Re: Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 11:29 am
by Scott B.
Joey wrote:I did my first open carry yesterday into my local Super One foods, there was a LEO working security and she never said anything to me, not sure if she just didn't notice or what. But, it got me thinking.
1. Does an off duty LEO have the right to disarm you or ask to see your LTC?
2. I've noticed that all the movie theaters in my area have 30.06 & 30.07 signs, what is this about?
3. If I go out to eat somewhere and there is no sign posted and I open carry if someone comes up to me and says something what's the best course of action? Just leave, explain to them they should put up signs, explain to them that even if they put up signs it's not going to keep criminals from having guns.
4. Let's say I'm jogging at night and someone comes up and demands I give them my wallet or they'll shoot, I can't tell if they really have a gun or not what's the best way to deal with this situation. I feel like if I were to shoot them and they didn't have a gun I'd be in trouble.
1. How do you know the LEO is off duty? Working a second job? Anyway, GC §411.207. AUTHORITY OF PEACE OFFICER TO DISARM
. (a) A peace officer who is acting in the lawful discharge of the officer’s official duties may disarm a license holder....
GC §411.205. REQUIREMENT TO DISPLAY LICENSE
If a license holder is carrying a handgun on or about the license holder’s person
when a magistrate or a peace officer demands that the license holder display
identification, the license holder shall display both the license holder’s driver’s
license or identification certificate issued by the department and the license
holder’s handgun license.
2. You'll have to discuss that with the theaters.
3. Once you've received notice, the best course of action is not to commit an offense against 30.06 or 30.07. "Explaining" isn't your job, but you can certainly address your concerns at some point.
4. How long ago did you take your CHL/LTC class?
Download a copy of CHL 16 and give it a good read to refresh your memory.
http://www.txdps.state.tx.us/internetfo ... chl-16.pdf
Re: Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 11:53 am
by Skiprr
Joey: Just to be clear, no one is piling on ya here. There are no such things as bad questions.
From an earlier post, your LTC class is only 39 days old. I think what other members are reacting to is the possibility that the instructor of that class may have done you a disservice. Addressing some of your questions is core curriculum for the LTC course.
Scott's suggestion to download and stay familiar with the CHL-16 document is an excellent one. I'd note that it's a publication by DPS and is a compilation of then-current, applicable Texas laws. DPS can only compile the publication near the beginning of each year, and Texas has legislative sessions every two years, during which laws may (and often do) change.
So also closely monitor the areas here on the Forum about the 2017 Legislative Session. Most new laws, or rewording of existing laws, take effect on September 1 of the legislative year, but won't be reflected in DPS's CHL-16 until the beginning of 2018.
IMHO, you can never know enough about the laws that affect your carrying of a firearm...or revisit them often enough. That's one of the big benefits of the Forum: answers you get, and the questions others ask. In that regard, it's a unique resource for Texas firearm laws.
Re: Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 12:03 pm
by RPBrown
Skiprr wrote:Joey: Just to be clear, no one is piling on ya here. There are no such things as bad questions.
From an earlier post, your LTC class is only 39 days old. I think what other members are reacting to is the possibility that the instructor of that class may have done you a disservice. Addressing some of your questions is core curriculum for the LTC course.
Scott's suggestion to download and stay familiar with the CHL-16 document is an excellent one. I'd note that it's a publication by DPS and is a compilation of then-current, applicable Texas laws. DPS can only compile the publication near the beginning of each year, and Texas has legislative sessions every two years, during which laws may (and often do) change.
So also closely monitor the areas here on the Forum about the 2017 Legislative Session. Most new laws, or rewording of existing laws, take effect on September 1 of the legislative year, but won't be reflected in DPS's CHL-16 until the beginning of 2018.
IMHO, you can never know enough about the laws that affect your carrying of a firearm...or revisit them often enough. That's one of the big benefits of the Forum: answers you get, and the questions others ask. In that regard, it's a unique resource for Texas firearm laws.

Re: Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 3:35 pm
by Joey
I recently took the course, he went over a bunch of slides and answered some questions I got a perfect score on the test so obviously he didn't go over these things. Second, the guy that gave the class was a LEO and I could have asked him these questions but didn't think of them at the time. If you think because you sat in a room for four hours you learned everything there is to know about carrying a gun then you are obviously a better person than I am. The first time I ever shot a gun was the day I took the class.
Just want to thank the people that actually answered my questions.
The LEO that gave the class basically said if you are fearing for your life is the only time you should use deadly force and I completely agree with this even though the law states that if someone is stealing from you at night and the only way you believe you can recover the property is to use deadly force then you are justified (insurance is not recovering).
The reason I asked the questions about an off duty LEO is because I was at a soccer game and there was an off duty LEO there sitting with a friend on the wrong side chanting and talking crap about our team and it turned into a big fight and the police got called. I didn't say anything to the guy but if I would have been carrying in could have singled me out.
The reason I asked about using my gun when I'm being threatened and scared for my life but not 100% certain if the guy really has a gun is because I was thinking about the police officers that get into trouble because they think someone is pulling a gun when they really just have a phone or something.
Not only are there a million different scenarios but there are a millions different interpretations of the law, the only way we know how something will go is if there has been a case and precedence has been made. I was simply asking for y'alls opinion because the fact is most of you really wouldn't know how it would turn out in these scenarios either.
Re: Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 3:55 pm
by Middle Age Russ
Joey, first, welcome to the forum. There is not a better place to go for information regarding the questions you asked. There are a good number of LTC instructors here as well as a bunch of other folks who know a great deal more than the average citizen about guns and carrying guns in the great state of Texas. Because of the number of LTC instructors and the standard those on this board seem to have for themselves, you got responses expressing dismay that certain material was not sufficiently covered by your instructor in the class you took. Their responses weren't a dig on you, but rather on the instructor you took the class from.
If you ever get a chance to attend the forum owner's seminar on the use of force and deadly force, don't miss it. The concepts embodied in the laws are ones you need to be familiar with, and this seminar is an excellent source of good information.
Also, I urge you (anyone, really) to seek training with your firearm(s). Each of us, when our backs are against the wall, is likely to perform no better than the level of our training. Good training helps ingrain good habits so that when we have to use a skillset we just do it rather than having to think step-by-step through the processes. I hope that I never need to use a firearm against another person, but if that time comes, I don't want to fail because I did not train (enough).
Re: Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 4:06 pm
by allisji
Joey wrote:I recently took the course, he went over a bunch of slides and answered some questions I got a perfect score on the test so obviously he didn't go over these things. Second, the guy that gave the class was a LEO and I could have asked him these questions but didn't think of them at the time. If you think because you sat in a room for four hours you learned everything there is to know about carrying a gun then you are obviously a better person than I am. The first time I ever shot a gun was the day I took the class.
Just want to thank the people that actually answered my questions.
The LEO that gave the class basically said if you are fearing for your life is the only time you should use deadly force and I completely agree with this even though the law states that if someone is stealing from you at night and the only way you believe you can recover the property is to use deadly force then you are justified (insurance is not recovering).
The reason I asked the questions about an off duty LEO is because I was at a soccer game and there was an off duty LEO there sitting with a friend on the wrong side chanting and talking crap about our team and it turned into a big fight and the police got called. I didn't say anything to the guy but if I would have been carrying in could have singled me out.
The reason I asked about using my gun when I'm being threatened and scared for my life but not 100% certain if the guy really has a gun is because I was thinking about the police officers that get into trouble because they think someone is pulling a gun when they really just have a phone or something.
I also was fairly new to shooting when I got my LTC. I had grown up around guns, and had shot some growing up but never was really interested until I had a family of my own to protect. The gun laws can be hard to read. This forum is an amazing source of real-life information and application. Don't get discouraged. Read up on this forum and you will come up to speed quickly.
In your scenario where you are threatened while jogging at night, and you are unable to tell if the person is actually armed, I would suggest that if you drew your weapon turned and fired on the person that you would be justified. The man has threatened you with deadly force. Now, if you turned and fought the man and took him to the ground and then drew and fired you could get into trouble. Here is another scenario. You draw your weapon to give the threat of deadly force and he flees. Don't shoot him. Do call the police and report that you were targeted for a mugging. If you don't call police and he does call and says that he was threatened with a gun, then you could wind up looking like the bad guy.
As far as the theaters. I would look for one that's not 30.06 posted. We have several in my area that are only 30.07. Also check on your ticket. Our Cinemark has a generic no weapons policy printed on the ticket, but if they had a 30.06 posted on the ticket it's still valid even if not posted at the entrance. Movie theaters are easy targets for mass murderers, see Aurora, CO. They are even easier targets if posted 30.06/30.07. Unfortunately gun control fear-mongers have convinced many in the general public that us LTCers are as dangerous as the terrorists/mass-murderers. The 30.06/30.07 signs are an attempt to create a gun-free zone.
Re: Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 4:20 pm
by twomillenium
AndyC wrote:I'm curious as to where you did your LTC class that they didn't seem to have explained all of this very well.
That's what I was thinking. Maybe, the student wasn't listening because I cannot imagine an Instructor not being thorough and demanding.
Remember every situation is unique and you must prove justification to others.
Re: Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 7:50 pm
by TreyHouston
When I doing this form I barely knew what a 30.06 and 30.07 was. I barely knew anything about the law. However i could tell you all about the prepaid legal service the instructor was pitching

. I learned MOST of what I know from here, and I sincerely thank you all!

Re: Some things I've been thinking about while carrying.
Posted: Wed Nov 16, 2016 8:39 pm
by Soap
You need to take some training classes. Where are you located? I say this, ignoring the law part of your questions but you're carrying and your first time shooting was at the test. I fear you may do more harm than good if you never visit the range. I don't mind helping you but there are more qualified people here.