Loaded chamber in posted 30.07 locations legal?

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treadlightly
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Re: Loaded chamber in posted 30.07 locations legal?

#16

Post by treadlightly »

Much better to ask than risk a day In court. I always look twice before I conceal-carry past 30.07 but I never worry about the round in the chamber.

Good question considering recent campus debate about the subject.

Sport Coach
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Re: Loaded chamber in posted 30.07 locations legal?

#17

Post by Sport Coach »

I'm glad to have been puzzled about OP. I've lived in Texas my adult life and am quite happy to not realize some other states might require your carry gun to be carried useless - similar to having the fire extinguisher in your house not "loaded" prior to the actual fire.
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ScottDLS
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Re: Loaded chamber in posted 30.07 locations legal?

#18

Post by ScottDLS »

Sport Coach wrote:I'm glad to have been puzzled about OP. I've lived in Texas my adult life and am quite happy to not realize some other states might require your carry gun to be carried useless - similar to having the fire extinguisher in your house not "loaded" prior to the actual fire.
The only state where I know this to have been the case was California where it was (isn't anymore) legal to openly carry handguns in some unincorporated and rural areas. Loaded for a semi-auto was apparently with a round chambered. It seems unlikely that a state with handgun carry licensing like Texas
would come up with a sign like 30.07 that could be avoided based on whether a round was chambered.

Especially with open carry, the point is that even a non-compliant sign is a fairly good "sign" that you'll be asked to leave. If you really wanted to open carry in a 30.07 posted location for the 2 seconds before they through you out, you could carry a rifle loaded, chambered, or otherwise. Or you could carry a pre-1898 model black powder pistol which is not considered a firearm or handgun under Texas and Federal law. When I was a kid in NC there was no concealed carry except for cops. A friend of mine used to carry a .36 cal Navy Colt Black Powder civil war reproduction pistol concealed in his car. It was completely legal, though the issue never came up because it was CONCEALED.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

Bodeneth
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Re: Loaded chamber in posted 30.07 locations legal?

#19

Post by Bodeneth »

Alaska2texas wrote:My appologies guys, i was brought up with knowing the dumb questions are the ones that arent asked.

I guess i asked because i know other states define in more detail whether or not youre carrying legally, those other states also define laws while carrying you cannot have the firearm loaded. Some states even require the magazine to be out of the firearm when its in the vehicle with you.

I couldn't find a texas law to answer my question, maybe that should have been my answer. Figured id ask the pros is all.

Cheers everyone
When I made the other post, I was in no way coming down on you for asking a "dumb question". I encourage anyone to ask about that which they are unclear about. However, I suppose what I was getting at in a roundabout way is how you seemed to be unsure of the intricacies of texas handgun laws in regards to a round being chambered or unchambered.

This makes me wonder if you took a handgun training course when you got your tx ltc. If not, were you able to skirt that requirement since you had an alaska chl? If yes, I STRONGLY encourage you to spend $40 and take a tx handgun course, since during that 4 hr course it would be made crystal clear that tx has no laws that mention or delineate betwixt chambered or unchambered carry in any situation that I am aware of. Additionally, all the details of 30.06 and .07 laws would be clearly laid out for you. At no time in any of your posts do you mention anything taught in the tx ltc course regarding the chambered/unchambered issue. Thats why I am asking.

Once again I apologize if my last question/post to you seemed mean-hearted or insulting. I was truly confused, as I kinda still am lol.
My Springfield Armory XD 45 Mod 2 with a 3.3in barrel rides around in an Aliengear IWB 3.0, mounted on a Bigfoot / Aliengear gunbelt.

Acronym Esq
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Re: Loaded chamber in posted 30.07 locations legal?

#20

Post by Acronym Esq »

Bodeneth wrote:
Alaska2texas wrote:Just wondering if cc loaded is legal while in legal places to carry whether it be 30.07/30.06 or what have you.
Why ANYONE with an LTC would holster carry an unloaded weapon is beyond me. Nobody walks around with an unloaded weapon unless they have it in a gun rug and they are walking into a gun store, gunsmith, or pawn shop, so you saying you carry at 4 oclock LOADED seems a little odd to me. LOADED is how you are SUPPOSED to carry it. Am I missing something here?
I think a lot of these hyper-technical arguments still exist, but aren't as common any more. I remember when the CHL was introduced, there was a lot of discussion about the way the law used to work. "One in the chamber isn't loaded" calls back to those fun discussions I had with my friends about whether we need a license for that. The operative part of 46.02 hasn't changed much:
2003 version of 46.02(a) wrote:A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.
Almost every word is subject to some interpretation of it's meaning. A common point of attack was (still is) the meaning "carries on or about his person." I picked Bodeneth's comment because he might argue that unloaded, in a gun rug, on the way to a gunsmith is not carrying. Perhaps it is "transporting." This hyper-technical analysis leaves a lot of uncertainty to the judge and jury, but if you are standing in front of them, then that's the argument you make.

Sounds to me that "one in the chamber" is a poor argument to address "carrying on or about his person". Brought back memories. I also remember fun "one level higher" arguments about use of force: If the robber is only armed with a cat, am I justified in defending with a gun or can I only defend with a dog? What about a bigger cat like a Tiger? Wait, who has the Tiger: you or the robber?

acronym 5/29/2017 8:57 AM

thetexan
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Re: Loaded chamber in posted 30.07 locations legal?

#21

Post by thetexan »

Alaska2texas wrote:Just wondering if cc loaded is legal while in legal places to carry whether it be 30.07/30.06 or what have you.

I always conceal carry 4 o'clock LOADED.

3 months with my LTC! Thanks in advance!
Yes, anywhere you can lawfully carry, either OC or CC, you may carry loaded and chambered. And, why would you not carry with one in the chamber ready to go??????!!!!! That's like carrying an emergency flashlight with the batteries separate in the glove compartment. That's like having your seat belt slung across your body but not clicked with the idea that when you need the seat belt you'll click it then!

Some people do not put a round in the chamber so as to keep the gun "un-dangerous". That's precisely the point!!! You WANT the gun to be dangerous!!!! Instantly!!!!! At the precise moment you need it to be dangerous!!!!! (wait.....there's more.......here it comes).....!!!!!!!!!!!!!!!!!!!....here are some more...!!!!!!!!!!!!!!!!!!!!. I don't think I've made my point.....EXCLAMATION POINT...EXCLAMATION POINT....EXCLAMATION POINT.

If one feels that the gun is too dangerous to himself or to other innocents to carry chambered then there is a whole other issue at play here...that being the carrier's competence or lack thereof at safely carrying a weapon.

tex
Texas LTC Instructor, NRA Pistol Instructor, CFI, CFII, MEI Instructor Pilot

3dfxMM
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Re: Loaded chamber in posted 30.07 locations legal?

#22

Post by 3dfxMM »

Bodeneth wrote:
Alaska2texas wrote:My appologies guys, i was brought up with knowing the dumb questions are the ones that arent asked.

I guess i asked because i know other states define in more detail whether or not youre carrying legally, those other states also define laws while carrying you cannot have the firearm loaded. Some states even require the magazine to be out of the firearm when its in the vehicle with you.

I couldn't find a texas law to answer my question, maybe that should have been my answer. Figured id ask the pros is all.

Cheers everyone
When I made the other post, I was in no way coming down on you for asking a "dumb question". I encourage anyone to ask about that which they are unclear about. However, I suppose what I was getting at in a roundabout way is how you seemed to be unsure of the intricacies of texas handgun laws in regards to a round being chambered or unchambered.

This makes me wonder if you took a handgun training course when you got your tx ltc. If not, were you able to skirt that requirement since you had an alaska chl? If yes, I STRONGLY encourage you to spend $40 and take a tx handgun course, since during that 4 hr course it would be made crystal clear that tx has no laws that mention or delineate betwixt chambered or unchambered carry in any situation that I am aware of. Additionally, all the details of 30.06 and .07 laws would be clearly laid out for you. At no time in any of your posts do you mention anything taught in the tx ltc course regarding the chambered/unchambered issue. Thats why I am asking.

Once again I apologize if my last question/post to you seemed mean-hearted or insulting. I was truly confused, as I kinda still am lol.
I am curious about some things you say in the above paragraphs. The OP clearly stated in his post that he has his LTC. You say you wonder if took a handgun training course when he got his LTC. Clearly, that is a reasonable thing to wonder about. You then go on to ask if he was able to skirt that requirement. There is no such requirement. You also suggest he take a TX handgun course. I have never seen such a course offered. I have seen LTC courses and handgun courses, and I have taken both, but the handgun courses focused solely on safety and correct operation of the handgun. There was no discussion of Texas laws in that class. Can you clarify what it is you are talking about? Thanks.

thetexan
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Re: Loaded chamber in posted 30.07 locations legal?

#23

Post by thetexan »

LTC courses, as you know, consists of 4 modules of training one of which is the laws of handgun carry and another is safe operation of the gun. The safety module is only cursory and doesn't thoroughly cover the subject as would a separate course. Then there are other types of courses like the NRA pistol courses which teach you how to handle a gun, how to shoot and how to get on the road to becoming proficient.

The LTC course assumes you have handgun proficiency when you qualify. In fact a lack of the assumed proficiency would be grounds for failing the qualification if one was so non-proficient as to be unsafe.

tex
Texas LTC Instructor, NRA Pistol Instructor, CFI, CFII, MEI Instructor Pilot

Bodeneth
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Re: Loaded chamber in posted 30.07 locations legal?

#24

Post by Bodeneth »

3dfxMM wrote:
Bodeneth wrote:
Alaska2texas wrote:My appologies guys, i was brought up with knowing the dumb questions are the ones that arent asked.

I guess i asked because i know other states define in more detail whether or not youre carrying legally, those other states also define laws while carrying you cannot have the firearm loaded. Some states even require the magazine to be out of the firearm when its in the vehicle with you.

I couldn't find a texas law to answer my question, maybe that should have been my answer. Figured id ask the pros is all.

Cheers everyone
When I made the other post, I was in no way coming down on you for asking a "dumb question". I encourage anyone to ask about that which they are unclear about. However, I suppose what I was getting at in a roundabout way is how you seemed to be unsure of the intricacies of texas handgun laws in regards to a round being chambered or unchambered.

This makes me wonder if you took a handgun training course when you got your tx ltc. If not, were you able to skirt that requirement since you had an alaska chl? If yes, I STRONGLY encourage you to spend $40 and take a tx handgun course, since during that 4 hr course it would be made crystal clear that tx has no laws that mention or delineate betwixt chambered or unchambered carry in any situation that I am aware of. Additionally, all the details of 30.06 and .07 laws would be clearly laid out for you. At no time in any of your posts do you mention anything taught in the tx ltc course regarding the chambered/unchambered issue. Thats why I am asking.

Once again I apologize if my last question/post to you seemed mean-hearted or insulting. I was truly confused, as I kinda still am lol.
I am curious about some things you say in the above paragraphs. The OP clearly stated in his post that he has his LTC. You say you wonder if took a handgun training course when he got his LTC. Clearly, that is a reasonable thing to wonder about. You then go on to ask if he was able to skirt that requirement. There is no such requirement. You also suggest he take a TX handgun course. I have never seen such a course offered. I have seen LTC courses and handgun courses, and I have taken both, but the handgun courses focused solely on safety and correct operation of the handgun. There was no discussion of Texas laws in that class. Can you clarify what it is you are talking about? Thanks.
The skirting the requirement comment....yes, in tx you are required to take the 4-6 hr tx LTC course before you can get a tx LTC. Unless he somehow got around that required course by being qualified in the military or because he had a license in another state etc, ya gotta take an approved TX LTC course. (Hence the skirting comment) . So basically, IF he didnt have to take the tx LTC course because of courses or qualifications he had in the past, he missed out on important info regarding tx laws.

I believe you are saying you took the tx Ltc course but you werent taught anything about tx laws. Thats strange indeed, for part of the required curriculum is in regards to tx handgun laws. In the course I took, we discussed all that stuff in detail....And I suspect that anyone taking that course would notice that at no time did anyone mention anything about carrying with a chamber that was empty or loaded. Thats why I asked him if he took a tx course, and suggested he do so if he didnt. Who knows what other misconceptions about carrying in tx he may have beyond the chamber open or loaded issue.

This leaves me wondering if when you took the tx LTC course, that the part about the laws may not have been a requirement. As far as I can tell, It is certainly a requirement now brother.
My Springfield Armory XD 45 Mod 2 with a 3.3in barrel rides around in an Aliengear IWB 3.0, mounted on a Bigfoot / Aliengear gunbelt.

treadlightly
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Re: Loaded chamber in posted 30.07 locations legal?

#25

Post by treadlightly »

Our county judge got arrested for DWI a while back. There are those who suspect the county judge's chambers are frequently pretty loaded, even though 30.06 and 30.07 are both posted. :biggrinjester:
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Re: Loaded chamber in posted 30.07 locations legal?

#26

Post by TexasTornado »

carlson1 wrote:
Alaska2texas wrote:My appologies guys, i was brought up with knowing the dumb questions are the ones that arent asked.

I guess i asked because i know other states define in more detail whether or not youre carrying legally, those other states also define laws while carrying you cannot have the firearm loaded. Some states even require the magazine to be out of the firearm when its in the vehicle with you.

I couldn't find a texas law to answer my question, maybe that should have been my answer. Figured id ask the pros is all.

Cheers everyone
No dumb questions are correct. You have to understand some folks forget that from time to time. That is why this Forum exist is for questions so ask away. Those who speak out against questions like this just ignore them. :cheers2:
Carlson...this post makes me REALLY want a like button. Aren't there enough millennials on here for us to get a darn like button?

:iagree: <---- he's cute, but just not cutting it here
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Re: Loaded chamber in posted 30.07 locations legal?

#27

Post by skeathley »

Not exactly on point, but I believe I read that the geniuses at the Univ of Texas decreed that licensees carrying on campus cannot carry with a round in the chamber. How are they going to enforce that?

Another liberal fantasy.

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Re: Loaded chamber in posted 30.07 locations legal?

#28

Post by Pawpaw »

Back when I was still in the Air Force, I used to tell my young airmen, "The only dumb question is the one you don't ask."

Unfortunately, a few of them set out to prove me a liar. :???:
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams

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Re: Loaded chamber in posted 30.07 locations legal?

#29

Post by rdcrags »

treadlightly wrote:Our county judge got arrested for DWI a while back. There are those who suspect the county judge's chambers are frequently pretty loaded, even though 30.06 and 30.07 are both posted. :biggrinjester:
Who said puns aren't funny? I like this one!
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3dfxMM
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Re: Loaded chamber in posted 30.07 locations legal?

#30

Post by 3dfxMM »

Bodeneth wrote:
3dfxMM wrote:
Bodeneth wrote:
Alaska2texas wrote:My appologies guys, i was brought up with knowing the dumb questions are the ones that arent asked.

I guess i asked because i know other states define in more detail whether or not youre carrying legally, those other states also define laws while carrying you cannot have the firearm loaded. Some states even require the magazine to be out of the firearm when its in the vehicle with you.

I couldn't find a texas law to answer my question, maybe that should have been my answer. Figured id ask the pros is all.

Cheers everyone
When I made the other post, I was in no way coming down on you for asking a "dumb question". I encourage anyone to ask about that which they are unclear about. However, I suppose what I was getting at in a roundabout way is how you seemed to be unsure of the intricacies of texas handgun laws in regards to a round being chambered or unchambered.

This makes me wonder if you took a handgun training course when you got your tx ltc. If not, were you able to skirt that requirement since you had an alaska chl? If yes, I STRONGLY encourage you to spend $40 and take a tx handgun course, since during that 4 hr course it would be made crystal clear that tx has no laws that mention or delineate betwixt chambered or unchambered carry in any situation that I am aware of. Additionally, all the details of 30.06 and .07 laws would be clearly laid out for you. At no time in any of your posts do you mention anything taught in the tx ltc course regarding the chambered/unchambered issue. Thats why I am asking.

Once again I apologize if my last question/post to you seemed mean-hearted or insulting. I was truly confused, as I kinda still am lol.
I am curious about some things you say in the above paragraphs. The OP clearly stated in his post that he has his LTC. You say you wonder if took a handgun training course when he got his LTC. Clearly, that is a reasonable thing to wonder about. You then go on to ask if he was able to skirt that requirement. There is no such requirement. You also suggest he take a TX handgun course. I have never seen such a course offered. I have seen LTC courses and handgun courses, and I have taken both, but the handgun courses focused solely on safety and correct operation of the handgun. There was no discussion of Texas laws in that class. Can you clarify what it is you are talking about? Thanks.
The skirting the requirement comment....yes, in tx you are required to take the 4-6 hr tx LTC course before you can get a tx LTC. Unless he somehow got around that required course by being qualified in the military or because he had a license in another state etc, ya gotta take an approved TX LTC course. (Hence the skirting comment) . So basically, IF he didnt have to take the tx LTC course because of courses or qualifications he had in the past, he missed out on important info regarding tx laws.

I believe you are saying you took the tx Ltc course but you werent taught anything about tx laws. Thats strange indeed, for part of the required curriculum is in regards to tx handgun laws. In the course I took, we discussed all that stuff in detail....And I suspect that anyone taking that course would notice that at no time did anyone mention anything about carrying with a chamber that was empty or loaded. Thats why I asked him if he took a tx course, and suggested he do so if he didnt. Who knows what other misconceptions about carrying in tx he may have beyond the chamber open or loaded issue.

This leaves me wondering if when you took the tx LTC course, that the part about the laws may not have been a requirement. As far as I can tell, It is certainly a requirement now brother.
I really didn't think I was that unclear. I simply asked why you asked if he skirted the requirement to take a TX handgun course. As far as I know there is no such thing. There is a requirement to take the LTC course and there are only a few ways to skirt that and being in the military is not one of them. It was that comment of yours that made me wonder what kind of handgun classes you were talking about. After reading your response to my post, I am fairly certain that you are just using terms differently than I have heard them used in the past. As I stated, I took the CHL class and have since renewed twice. In the CHL class and in the renewal class I had to take for the first renewal, there is a lot of information regarding Texas laws. I have also taken numerous handgun/shooting classes in which we talked a lot about tactics and strategies but not much about laws.
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