Grounds for CHL to be revoked

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Grounds for CHL to be revoked

Postby cubbyjg » Wed Mar 03, 2010 3:28 pm

I should be getting my plastic soon based on the application complete status i received from the dps website. I read an earlier post about someone who got a Disorderly Conduct ticket after having his CHL for many years and it got me thinking. What are the grounds for your CHL to be revoked? I want to say they are the same as the CHL requirements. No class A or B misdemeanors or felonies, etc. Pardon my ignorance
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Re: Grounds for CHL to be revoked

Postby shortysboy09 » Wed Mar 03, 2010 3:34 pm

Here's the offenses by a permit holder for you...

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.
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Re: Grounds for CHL to be revoked

Postby cubbyjg » Wed Mar 03, 2010 3:53 pm

Say for example, i am arrested for a DWI and my gun is at home. Is that considered grounds for my CHL to be revoked even though i wasnt carrying? I dont condone drinking and driving by the way. I prefer using a DD
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Re: Grounds for CHL to be revoked

Postby RPB » Wed Mar 03, 2010 4:04 pm

http://www.statutes.legis.state.tx.us/D ... tm#411.172
Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
Sec. 411.186. REVOCATION. (a) A license may be revoked under this section if the license holder
Sec. 411.187. SUSPENSION OF LICENSE. (a) A license may be suspended under this section if the license holder:
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Re: Grounds for CHL to be revoked

Postby shortysboy09 » Wed Mar 03, 2010 4:06 pm

cubbyjg wrote:Say for example, i am arrested for a DWI and my gun is at home. Is that considered grounds for my CHL to be revoked even though i wasnt carrying? I dont condone drinking and driving by the way. I prefer using a DD


Yes, DUI is a class B misdemeanor and IS grounds for revocation. IF CONVICTED<< Thanks Seamus!

BTW, Here's a link to the Texas Penal Code. It may take some digging but that will answer most law questions you may have.
http://www.statutes.legis.state.tx.us/

I have it in my favorites for quick reference.
Last edited by shortysboy09 on Wed Mar 03, 2010 4:13 pm, edited 3 times in total.
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Re: Grounds for CHL to be revoked

Postby cubbyjg » Wed Mar 03, 2010 4:07 pm

Awesome, this paints a clearer picture. Thanks!
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Re: Grounds for CHL to be revoked

Postby seamusTX » Wed Mar 03, 2010 4:11 pm

cubbyjg wrote:Say for example, i am arrested for a DWI and my gun is at home. Is that considered grounds for my CHL to be revoked ...

Being arrested for DWI is not grounds to have your CHL revoked. Being convicted is. DWI is anywhere from a class B misdemeanor to a felony.

Any Class A or B misdemeanor or disorderly conduct conviction can get your CHL revoked. It does not have to be firearms-related.

A felony or misdemeanor domestic violence conviction puts you on the sidelines forever, unless you can get a pardon or equivalent.

For these reasons, it's important for anyone interested in maintaining his right to keep and bear arms to deal with criminal charges correctly, not just plea to a lesser charge.

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Re: Grounds for CHL to be revoked

Postby shortysboy09 » Wed Mar 03, 2010 4:13 pm

Seamus is right. I need to modify my post.
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Re: Grounds for CHL to be revoked

Postby stash » Thu Mar 04, 2010 8:58 am

Is there a place in the penal code that indicates the violations that fall under disorderly conduct?

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Re: Grounds for CHL to be revoked

Postby shortysboy09 » Thu Mar 04, 2010 9:00 am

stash wrote:Is there a place in the penal code that indicates the violations that fall under disorderly conduct?

Stan


Yes sir Stan there sure is. Here ya go!
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.42.htm#42.01
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Re: Grounds for CHL to be revoked

Postby joe817 » Thu Mar 04, 2010 9:06 am

stash wrote:Is there a place in the penal code that indicates the violations that fall under disorderly conduct? Stan


Yes. Penal Code Chapter 9, 42.01:
"Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:

(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
(11) for a lewd or unlawful purpose:
(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;
(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or
(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.
(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and
(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.
(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.
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Re: Grounds for CHL to be revoked

Postby stash » Thu Mar 04, 2010 9:21 am

Thanks for the info guys.

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Re: Grounds for CHL to be revoked

Postby Keith B » Thu Mar 04, 2010 9:30 am

shortysboy09 wrote:
cubbyjg wrote:Say for example, i am arrested for a DWI and my gun is at home. Is that considered grounds for my CHL to be revoked even though i wasnt carrying? I dont condone drinking and driving by the way. I prefer using a DD


Yes, DUI is a class B misdemeanor and IS grounds for revocation. IF CONVICTED<< Thanks Seamus!

BTW, Here's a link to the Texas Penal Code. It may take some digging but that will answer most law questions you may have.
http://www.statutes.legis.state.tx.us/

I have it in my favorites for quick reference.



Just a note, in Texas, it is only DWI unless you are underage, then it is DUI.
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Re: Grounds for CHL to be revoked

Postby Dave01 » Thu Mar 04, 2010 10:01 am

shortysboy09 wrote:Here's the offenses by a permit holder for you...

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:

(6) on the premises of a church, synagogue, or other established place of religious worship.


I don't think this is correct (unless I'm reading something wrong). A lot of members here carry in Church.
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Re: Grounds for CHL to be revoked

Postby joe817 » Thu Mar 04, 2010 10:05 am

This is pretty common. Continue reading to the last of the section, and you'll find that places of worship are not prohibited from conceal carry UNLESS they are properly posted with a valid 30.06 sign, or be given proper notice. ;-)
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