Pros and Cons of CHL

[Triggerdan]

This is my first post to this forum; however, I have been reading it almost daily for the last 2 1/2 years. I love the knowledge that the members share on here. My question is regarding the pros and cons of CHL. I live in a small town of less than 9,000 with relatively low crime and the next larger town is 60 miles away. I seldom leave the area as I don't like the larger cities and prefer the country for my entertainment. I carry a gun (usually more than one) in my vehicle 24/7 eu specially during the hunting seasons. I drop the kids off at school and sometimes go to the school and park and go in. Also is it worse to have a beer with dinner and drive home if you have a CHL than is if you do not have a CHL? I am not saying driving under the influence, just saying one beer. If I understand it correctly, under the influence with a CHL could happen with one beer and the .08 not apply. Also does the federal gov't have access to the Texas database of CHL holders? Sorry for the long post. Thank you in advance for your input.

[Teamless]

I drop the kids off at school and sometimes go to the school and park and go in.

without a CHL, you are breaking federal law
With a Texas CHL and assuming the school is in Texas that you are dropping them off at (or parking and going inside) you are legally allowed to have that handgun in your vehicle.
That right there is a HUGE Pro - I don't want to go to Federal Prison.
Also the Federal Gun Free Zone, If I remember right is 1000 feet from the school, so how many times a day or a week do you drive PAST a school without stopping? Each of those are an opportunity to get arrested!

[george]

I'm not the legal professional here, but I believe you are not legal to have a firearm in your vehicle while dropping your kids at school without a chl.

The feds can't find the right house of drug dealers, much less access your chl (smiling here).

Welcome on board.

[Triggerdan]

Yes I know it is against the law to drop the kids off with a firearm in car, didn't know having CHL made it an exception. That is good news. If they were to arrest everyone in our town that drops kids off at school with a weapon in the car and no CHL, I am sure a good part of the town would be arrested. Although, I do agree that does not justify doing it.

[OldCannon]

One interesting convenience of having a CHL -- you don't have to undergo an FBI background check when buying a gun.

[JJVP]

I'm not the legal professional here, but I believe you are not legal to have a firearm in your vehicle while dropping your kids at school without a chl.

The feds can't find the right house of drug dealers, much less access your chl (smiling here).

Welcome on board.

That is not entirely correct. He can have a firearm in the car w/o a CHL and w/o violating GSFZ law. As long as :

2. The firearm is unloaded and is contained within a locked container or a locked firearms rack that is on a motor vehicle;


http://www.atf.gov/publications/downloa ... 5310-1.pdf

[J.R.@A&M]

You may prefer the rural setting, but you never know when fate will take you to Harris, Tarrant, Dallas, Bexar, or Travis Counties. Medical issues may be one reason, e.g.,I never thought I'd be driving to Houston every six months for surgery, treatment, and follow-up of an eye problem, but there it is.

[smoothoperator]

Also is it worse to have a beer in the vehicle with a CHL than it is if you do not and have a firearm in the vehilcle.

Are you asking if it is or saying it is? I'm not a lawyer but if we look at two people who have an open beer and a handgun in their vehicles, someone with a CHL is only guilty of 40.031 (a class C misdemeanor, maximum $500 fine) but the person without a CHL is guilty of both 49.031 and 46.02, and UCW is a class A misdemeanor with up to a year in jail and a $4000 fine. I know which one looks worse to me.

[C-dub]

Also is it worse to have a beer in the vehicle with a CHL than it is if you do not and have a firearm in the vehilcle. I am not saying driving under the influence, just saying one beer.

Welcome to the forum TriggerDan.

The problem with this statement is that even after drinking only one beer you are under the influence. The influence may be small, very small, but it is there. If an officer observes you doing something erratic and has enough reason to stop you in the first place the smell of alcohol or an empty container in the vehicle is only going to make it worse. Also, be aware that an open container can mean that you have a five-pack when there should be a six-pack. You don't have to have the open can or bottle. A container can be defined as the little plastic ring that holds six cans or the box that holds 12 cans or more. The BAC limit of .08 isn't a requirement to be determined intoxicated or under the influence. It only makes it easier and definitive for the prosecution.

[Triggerdan]

Thanks for your replies. I don't want it to sound like I drive around all day drinking beer. I don't. Just wanting to know how CHL changes things. And I guess I should have stated having a beer for dinner and driving home. Not open container. Also not carrying firearm on body only in vehicle. Post edited to clarify.

[C-dub]

And I guess I should have stated having a beer for dinner and driving home.

If you meant "with" dinner and not "for" dinner I've also done that. I'm not worried about one beer (normal 12oz. sized bottle) with a moderate to decent sized meal.

Many times here we are only trying to make someone aware of something to be careful about and not intentionally chastising someone for something they might have done. Often times, since we are typing and having to wait for replies, it is difficult to read into the sterile words what someone's intent or tone is and misinterpret what someone says. Or, as I hope in your case, mistype a word like "for" instead of "with."

[pmcdn]

I drop/pick up the kids at school and have a gun in the car almost all the time. I park and wait for them on the side entrence/exit which is on a neighborhood street. I wouldn't ever consider carrying my gun into the school or even on the school grounds, but I am not going to make a special trip home just to drop off the gun before I get them from school each afternoon.

For whatever it's worth, I believe if one has a CHL, you should be able to carry it anywhere. Just my 2 cents.

[TexasGal]

About the 1000 ft school limit on having a gun. It is only a Texas CHL that can exempt you from that. If you get an out of state permit, that license will not let you off the hook.

[anygunanywhere]

Cons of having a CHL.

Thinking........

Nothing there.

Anygunanywhere

[Triggerdan]

C-dub,

Thanks for your replies. I did mean a beer "with" dinner, not "for" dinner. The not having an open container is easy to deal with, I have no need for drinking a beer while driving or having an open container in the vehicle for that matter. I was in a hurry to get out of the office with my first post and typed a little faster than my brain was working. As I understand it, there is no definite measure of under the influence for having a CHL which means the .08 does not necessarily come into play. That is the issue that I am really concerned with.

Thanks.