Texas Processing Lunacy

[joe817]

If you passed the background check, it didn't matter what the sheriff's opinion of your character was, he/she had to issue the permit that day. IIRC, the fee was something like $10-$15.

I'm not saying that way is necessarily a better system than ours, but it does seem a whole lot easier - and you don't see a whole lot of gun crime in South Dakota.

Of course you don't. It's because for $15 everyone in the entire state has carry permits! (J/K!)

[frjeff]

I don't know about the current law there, but a friend of mine used to hold CCW permit in South Dakota. The local sheriffs were the issuing authority, but it was a SHALL issue deal with an instant background check. If you passed the background check, it didn't matter what the sheriff's opinion of your character was, he/she had to issue the permit that day. IIRC, the fee was something like $10-$15.

I'm not saying that way is necessarily a better system than ours, but it does seem a whole lot easier - and you don't see a whole lot of gun crime in South Dakota.

That's exactly the way it works in Michigan as well.

The "Gun Board" are the Sheriff or his deputies, by county of application, instant background check (just like gun purchase) and issued as fast as they can print and laminate. What the Sheriff or deputies think of you means nothing.

Oh and as an aside, as you can see in my "time line" below, I have mailed in my completed application. However, today I (although addressed to Jerry (instead of Jeffrey)), I received another application packet.

This system sure works well, eh?

[Purplehood]

Hey I am all for it if there is no personal bias affecting the process.

[Skiprr]

That's exactly the way it works in Michigan as well.

The "Gun Board" are the Sheriff or his deputies, by county of application, instant background check (just like gun purchase) and issued as fast as they can print and laminate.

But you gotta admit, there are a whole bunch of somewhat unusual restrictions in MI that prohibit issuance of a license. For example, "Hindering or obstructing certain persons performing official weights and measures duties, MCL 290.629."

It may take a while to get your Texas license, but I'll take Texas laws--about half the length to read--over Michigan's any day.

[Dexdahex]

Something is wrong with the system as was stated before the BACKGROUND CHECK is completed in a few minutes ( when you buy the Pistol )...However it take much too long for Austin to do the same thing...I would think something else is going on...

I am almost at the 60 day mark, a far cry from what I have read on this forum...Well it will be a good day when all this is over

[Shorts]

Hey I am all for it if there is no personal bias affecting the process.

Right on.

I'm mad about the length on mine right now. I'm mad at Texas. I feel taken advantage of and lied to by the process and I have absolutely no way to hold them accountable. How is that right?

[popnfresh]

I think they need to broaden the "traveling" law some more, basically if you're away from home you should be considered to be traveling, whether on foot or in a vehicle.

I have been carrying via traveling for the last week because they couldn't get me my renewal in a timely manner. Travel to work travel home.

[Shorts]

I think they need to broaden the "traveling" law some more, basically if you're away from home you should be considered to be traveling, whether on foot or in a vehicle.

I have been carrying via traveling for the last week because they couldn't get me my renewal in a timely manner. Travel to work travel home.

You may carry in your car without a CHL if you are not meet the reqs listed below:



Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

[Dexdahex]

I think they need to broaden the "traveling" law some more, basically if you're away from home you should be considered to be traveling, whether on foot or in a vehicle.

I have been carrying via traveling for the last week because they couldn't get me my renewal in a timely manner. Travel to work travel home.

You may carry in your car without a CHL if you are not meet the reqs listed below:



Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

[USA1]

(C) a member of a criminal street gang, as defined by Section 71.01.

i guess that leaves me out...i dont roll without my posse..
...im the guy in the blue

[frazzled]

*Sue alleging violation of the law by the DPS.
*Vote the people out who allow this mess to continue. Elect the same people and you'll get the same result.

EDIT: I'd say that about any issue or politician. If they aren't doing what you elected them to do, fire 'em.

[popnfresh]

I think they need to broaden the "traveling" law some more, basically if you're away from home you should be considered to be traveling, whether on foot or in a vehicle.

I have been carrying via traveling for the last week because they couldn't get me my renewal in a timely manner. Travel to work travel home.

You may carry in your car without a CHL if you are not meet the reqs listed below:



Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

Ok I have an issue with this one, my place of work is my boss' private property and he has given me permission to carry concealed on his property, but the property is not under my control, how is my carrying any of the states business.
It would be no different than me having a friend without a CHL at my house and allowing him to carry concealed while sitting on my couch. Would THAT be illegal as well?

Pardon the hijack

[Shorts]

I think they need to broaden the "traveling" law some more, basically if you're away from home you should be considered to be traveling, whether on foot or in a vehicle.

I have been carrying via traveling for the last week because they couldn't get me my renewal in a timely manner. Travel to work travel home.

You may carry in your car without a CHL if you are not meet the reqs listed below:



Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

Ok I have an issue with this one, my place of work is my boss' private property and he has given me permission to carry concealed on his property, but the property is not under my control, how is my carrying any of the states business.
It would be no different than me having a friend without a CHL at my house and allowing him to carry concealed while sitting on my couch. Would THAT be illegal as well?

Pardon the hijack

Sorry about your issue. The keyword in that statute is "or"

It's the state's business because it is not your property and if you don't have 1. permission from property owner or 2. a CHL, then you can't carry there. Since you have permission you're fine.

As for your friend carrying with a CHL...oh wait...did you say with CHL?


Sounds like you need to read up on some of the more common questions regarding CHL. Read up around the forums. More of your questions will be answered.

[popnfresh]

I think they need to broaden the "traveling" law some more, basically if you're away from home you should be considered to be traveling, whether on foot or in a vehicle.

I have been carrying via traveling for the last week because they couldn't get me my renewal in a timely manner. Travel to work travel home.

You may carry in your car without a CHL if you are not meet the reqs listed below:



Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

Ok I have an issue with this one, my place of work is my boss' private property and he has given me permission to carry concealed on his property, but the property is not under my control, how is my carrying any of the states business.
It would be no different than me having a friend without a CHL at my house and allowing him to carry concealed while sitting on my couch. Would THAT be illegal as well?

Pardon the hijack

Sorry about your issue. The keyword in that statute is "or"

It's the state's business because it is not your property and if you don't have 1. permission from property owner or 2. a CHL, then you can't carry there. Since you have permission you're fine.

As for your friend carrying with a CHL...oh wait...did you say with CHL?


Sounds like you need to read up on some of the more common questions regarding CHL. Read up around the forums. More of your questions will be answered.

No the "or" is not the key word and there is no mention of permission from owner.

It is saying I am committing an offense if am not the owner of premises or in charge of the premises(control), or heading to or sitting inside a vehicle I own or control. The or is just adding a vehicle to the mix.

Does it say elsewhere that having property owners permission makes concealed carry legal( without a CHL) without a control or ownership of premises? There is a difference between permission and control of premises. It seems I am carrying at work illegally without my renwed CHL because I don't own the premises and I am not in control of the premises. My boss said I could carry there but he didn't grant me control of the place.

I said a friend carrying in my house without a CHL but with my permission to do so in my house......? I don't understand the wink...

[srothstein]

Does it say elsewhere that having property owners permission makes concealed carry legal( without a CHL) without a control or ownership of premises? There is a difference between permission and control of premises. It seems I am carrying at work illegally without my renwed CHL because I don't own the premises and I am not in control of the premises. My boss said I could carry there but he didn't grant me control of the place.

I said a friend carrying in my house without a CHL but with my permission to do so in my house......? I don't understand the wink...

The wink is probably because he was giving you a hint to tell your friend to get his CHL.

The problem in Texas is that the law does forbid the exact situation you just mentioned. The work situation is a little fluid as you may be in control of the premises in some part by being an employee of the company. How much control you need to have is a very gray area, as is defining exactly what is control. Clearly, the business owner, corporate president, or store manager is in control, but what about the shift manager when the overall manager is present? What about the sales clerk working the only register and refusing to sell beer to someone without an ID? These become very gray areas.

But, the friend visiting your house is clearly breaking the law by carrying. There is no provision in Texas law for the owner of a property to give someone else permission to carry on their property. But, while it is against the law, the real practice is very simple. How would the police know to arrest him for unlawfully carrying if you (as the homeowner) do not call to file the complaint? If the police find out he is carrying it means there is already some other problem in the house. So, we generally don't worry about that section even though it is a violation of the law.

Consider this question though. How did he legally get into your house with the gun without a CHL? He was probably legal while driving, but when he parked the car and got out to get into your house he broke the law.