OC with out of state CHL

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

LikWid
Banned
Posts: 49
Joined: Thu Aug 04, 2011 4:18 pm

OC with out of state CHL

Post by LikWid »

I've been given different answers, by different people. So let's see what you guys have to say about it...

I have a FL CHL, does this give me the legal right to OC in Texas come Jan. 1st?
User avatar
RetNavy
Senior Member
Posts: 515
Joined: Wed Jan 08, 2014 9:21 am
Location: Paris, Tx

Re: OC with out of state CHL

Post by RetNavy »

my understanding is if you have a valid licence recognized by the state then your legal to OCwill have to follow statelaw... i.e knowingwhre and where not you can carry
"Freedom itself was attacked this morning by a faceless coward. Freedom will be defended!"
-President George W. Bush, September 11, 2001
User avatar
ScottDLS
Senior Member
Posts: 5095
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: OC with out of state CHL

Post by ScottDLS »

LikWid wrote:I've been given different answers, by different people. So let's see what you guys have to say about it...

I have a FL CHL, does this give me the legal right to OC in Texas come Jan. 1st?
YES. You can carry in accordance with Texas state law (open/concealed) because your Florida license is recognized by Texas.

Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.
:waiting:
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!!!!"
User avatar
The Annoyed Man
Senior Member
Posts: 26885
Joined: Wed Jan 16, 2008 12:59 pm
Location: North Richland Hills, Texas
Contact:

Re: OC with out of state CHL

Post by The Annoyed Man »

ScottDLS wrote:
LikWid wrote:I've been given different answers, by different people. So let's see what you guys have to say about it...

I have a FL CHL, does this give me the legal right to OC in Texas come Jan. 1st?
YES. You can carry in accordance with Texas state law (open/concealed) because your Florida license is recognized by Texas.

Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.
:waiting:
That interpretation may or may not be valid, but it isn't something any sane person would want to tempt fate with while OC'ing. You can probably get away with it while CC'ing on an out of state license.....after all, concealed is concealed, right? But if OC'ing near a school, it is almost certain to get some dust bunny-brained person to hyperventilating and call the fuzz, and God help you if you also happen to be wearing 5.11 pants or something like that. And if the police get called - particularly in light of yesterday's events in a GFSZA building - they will come, and you can't count on the individual LEOs having a complete understanding of the law. Especially in some cities.

Not saying it's right, but I think it is a real consideration for any sentient person to take under advisement before OC'ing in a GFSZA area. Then proceed as your lights dictate, willing to accept the consequences if you're wrong.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

#TINVOWOOT
User avatar
Glockster
Senior Member
Posts: 1075
Joined: Tue Mar 25, 2014 7:48 am
Location: Kingwood, TX

Re: OC with out of state CHL

Post by Glockster »

The Annoyed Man wrote:
ScottDLS wrote:
LikWid wrote:I've been given different answers, by different people. So let's see what you guys have to say about it...

I have a FL CHL, does this give me the legal right to OC in Texas come Jan. 1st?
YES. You can carry in accordance with Texas state law (open/concealed) because your Florida license is recognized by Texas.

Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.
:waiting:
That interpretation may or may not be valid, but it isn't something any sane person would want to tempt fate with while OC'ing. You can probably get away with it while CC'ing on an out of state license.....after all, concealed is concealed, right? But if OC'ing near a school, it is almost certain to get some dust bunny-brained person to hyperventilating and call the fuzz, and God help you if you also happen to be wearing 5.11 pants or something like that. And if the police get called - particularly in light of yesterday's events in a GFSZA building - they will come, and you can't count on the individual LEOs having a complete understanding of the law. Especially in some cities.

Not saying it's right, but I think it is a real consideration for any sentient person to take under advisement before OC'ing in a GFSZA area. Then proceed as your lights dictate, willing to accept the consequences if you're wrong.
Yeah, and even if I OC, I'd certainly avoid doing that anywhere near a school (or other prohibited place for that matter) as I'd think that the odds of a MWAG call would not be in your favor near a school.
NRA Life Member
My State Rep Hubert won't tell me his position on HB560. How about yours?
LikWid
Banned
Posts: 49
Joined: Thu Aug 04, 2011 4:18 pm

Re: OC with out of state CHL

Post by LikWid »

Thanks for the responses everyone. I figured I could OC, but wanted to get more insight first. Also, would never OC on a school campus, so not really a big concern for me :thumbs2:
User avatar
RoyGBiv
Senior Member
Posts: 9606
Joined: Wed Jan 05, 2011 11:41 am
Location: Fort Worth

Re: OC with out of state CHL

Post by RoyGBiv »

The Annoyed Man wrote:
ScottDLS wrote:Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.
:waiting:
That interpretation may or may not be valid,
https://upload.wikimedia.org/wikipedia/ ... 3gfsza.pdf

See paragraphs 4 and 5 on page 1.

Personal opinion...... It would be extremely unwise to OC near a school with only an out of State license.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
User avatar
ScottDLS
Senior Member
Posts: 5095
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: OC with out of state CHL

Post by ScottDLS »

RoyGBiv wrote:
The Annoyed Man wrote:
ScottDLS wrote:Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.
:waiting:
That interpretation may or may not be valid,
https://upload.wikimedia.org/wikipedia/ ... 3gfsza.pdf

See paragraphs 4 and 5 on page 1.

Personal opinion...... It would be extremely unwise to OC near a school with only an out of State license.
It is also unwise to drive through a school zone under MPA, or to carry at all near a school in Vermont. Or to have a long gun in your car while driving through a school zone..., or for an off duty cop to carry in SZ under LEOSA.... :shock: Just another one of the "Three Felonies A Day". :rules:
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!!!!"
User avatar
Pariah3j
Senior Member
Posts: 865
Joined: Thu Oct 08, 2015 5:03 pm
Location: Webster

Re: OC with out of state CHL

Post by Pariah3j »

LikWid wrote:Thanks for the responses everyone. I figured I could OC, but wanted to get more insight first. Also, would never OC on a school campus, so not really a big concern for me :thumbs2:
Its not just on the campus - if I understand correctly its 1000' from the grounds (or is it the actual premises ?) Not sure exactly where they start measuring the 1000' from though...

Point being that I don't know how alot of schools are setup, but thinking about my old High School, there are several businesses and places that I could see myself legitimately OC'ing at while doing my daily business but being that its only a 4 lane road division in-between the school and those businesses, with an out of state licence you would be well within that range no matter where they started measuring... Just food for thought.
"When governments fear the people, there is liberty. When the people fear the government, there is tyranny" - Thomas Jefferson
User avatar
RoyGBiv
Senior Member
Posts: 9606
Joined: Wed Jan 05, 2011 11:41 am
Location: Fort Worth

Re: OC with out of state CHL

Post by RoyGBiv »

ScottDLS wrote:
RoyGBiv wrote:
The Annoyed Man wrote:
ScottDLS wrote:Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.
:waiting:
That interpretation may or may not be valid,
https://upload.wikimedia.org/wikipedia/ ... 3gfsza.pdf

See paragraphs 4 and 5 on page 1.

Personal opinion...... It would be extremely unwise to OC near a school with only an out of State license.
It is also unwise to drive through a school zone under MPA, or to carry at all near a school in Vermont. Or to have a long gun in your car while driving through a school zone..., or for an off duty cop to carry in SZ under LEOSA.... :shock: Just another one of the "Three Felonies A Day". :rules:
None of those violations of law would be visible to the casual observer, unlike OC.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
User avatar
ScottDLS
Senior Member
Posts: 5095
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: OC with out of state CHL

Post by ScottDLS »

It's only a felony if you get caught... :shock:
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!!!!"
User avatar
The Annoyed Man
Senior Member
Posts: 26885
Joined: Wed Jan 16, 2008 12:59 pm
Location: North Richland Hills, Texas
Contact:

Re: OC with out of state CHL

Post by The Annoyed Man »

RoyGBiv wrote:
The Annoyed Man wrote:
ScottDLS wrote:Waiting for someone to warn you about ATF interpretation of GFSZA that says you can't carry within 1000ft of a school on an out of state license.
:waiting:
That interpretation may or may not be valid,
https://upload.wikimedia.org/wikipedia/ ... 3gfsza.pdf

See paragraphs 4 and 5 on page 1.

Personal opinion...... It would be extremely unwise to OC near a school with only an out of State license.
Thank you for the link. Here is the pertinent part:
GFZA.png
ScottDLS wrote:It's only a felony if you get caught... :shock:
Which goes to the OP's original question. I am NOT advising him to carry a gun in a GFSZ because it would not be legal at all in Texas on his FL license. But that said, concealed is concealed, and barring some kind of police interaction, he would not be likely to get caught......whereas OC in a GFSZ on an out of state license is just begging for trouble.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

#TINVOWOOT
User avatar
ScottDLS
Senior Member
Posts: 5095
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: OC with out of state CHL

Post by ScottDLS »

Under Texas law it is perfectly legal to open carry in a school zone on a FL license. But it might be a violation of Federal law. If you don't want to be the proverbial TEST case, don't do it, and don't CC either, and don't carry a long gun, and don't carry at all in Vermont in a school zone. :rules:
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!!!!"
o b juan
Senior Member
Posts: 427
Joined: Fri Feb 22, 2013 12:44 pm

Re: OC with out of state CHL

Post by o b juan »

Well maybe an out of stater will walk past the school around the corner from me .. Then you guys that are thinking about testing the Law will find out.

ROTSARUCK to open carry Tx disciples :lol: :lol:
CHL Instructor since 95'/ School safety Since Jan 17' :patriot:
locke_n_load
Senior Member
Posts: 1001
Joined: Tue Apr 09, 2013 3:35 pm

Re: OC with out of state CHL

Post by locke_n_load »

I live in a GFSZ - about 800 feet from the school property in fact.
I go for walks in the evening with my family - and I will OC. I will OC on my way to/from work as well. I have a Texas CHL.
GFSZ law is just stupid.
CHL Holder since 10/08
NRA Certified Instructor
Former LTC Instructor
Post Reply

Return to “General Texas CHL Discussion”