TexasCHLforum.com

Where is it legal to carry a concealed handgun without a CHL (assuming it's legal to own and possess a handgun). I know that your vehicle as well your personally owned property, but what constitutes property you are in control of? For example, would it be permissible to carry unlicensed concealed handgun if you were a night watchman for a privately owned establishment (business, warehouse, etc.)? I was reading through the statutes and wondered if anybody here had any clarification.

Under the night watchman scenario, it probably depends on whether you are an actual security guard. I believe here are commissions and levels of certification that come into play. If they are legally allowed to carry a gun, it can't be concealed.

If you happen to be working the graveyard shift, it's a whole different story.

It's illegal to work as a security guard without the required commission or license.

To elaborate on what the above two posters said, carrying a firearm when functioning as a watchman is particularly problematic because watchmen fall under the Occupations Code for law enforcement and security. Any person under this code must be properly licensed in order to carry a firearm during the course of their duties. You don't even have to be paid to fall under this restriction; any organized group, like a church security detail comprised solely of volunteers, is under the same guidelines. The code says that the title assigned to you doesn't matter, either. It is just based on job purpose and description.

I believe you could get a personal protection authorization under Chapter 1702, Occupations Code, and if you are in a uniform, you could OC, or if you are in plain clothes, you could CC.

Here are links to a couple helpful areas of the law:
OCCUPATIONS CODE TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY
PENAL CODE TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 46. WEAPONS

Hoi Polloi wrote:To elaborate on what the above two posters said, carrying a firearm when functioning as a watchman is particularly problematic because watchmen fall under the Occupations Code for law enforcement and security. Any person under this code must be properly licensed in order to carry a firearm during the course of their duties. You don't even have to be paid to fall under this restriction; any organized group, like a church security detail comprised solely of volunteers, is under the same guidelines. The code says that the title assigned to you doesn't matter, either. It is just based on job purpose and description.

I believe you could get a personal protection authorization under Chapter 1702, Occupations Code, and if you are in a uniform, you could OC, or if you are in plain clothes, you could CC.

Here are links to a couple helpful areas of the law:
OCCUPATIONS CODE TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY
PENAL CODE TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 46. WEAPONS

HOI, I don't recall these questions or this discussion in my CHL class. Were these discussions/questions included in your class and are they asked on current tests? Boy Howdy! I'm glad I took my course when I did.

joelamosobadiah wrote:Where is it legal to carry a concealed handgun without a CHL (assuming it's legal to own and possess a handgun). I know that your vehicle as well your personally owned property, but what constitutes property you are in control of? ...

I'm not a lawyer. My understanding is property you are in control of would include property that you are leasing such as an apartment, store front, dear lease, etc. You would have to be careful not to violate the lease provisions if they address having a gun on premise.

You do not need a CHL if you are carrying a HANDGUN, ILLEGAL KNIFE OR CLUB as a "traveler". You can carry open, concealed or however you wish. You may get to explain yourself frequently along your journey depending on your mode of travel. You may encounter different interpretations of how the law is applied in a GUNS FREE SCHOOL ZONE. For this example, lets assume you are walking from Beaumont to El Paso. The Motorist Protection Act will not apply for my scenario.

Oldgringo wrote:

Hoi Polloi wrote:To elaborate on what the above two posters said, carrying a firearm when functioning as a watchman is particularly problematic because watchmen fall under the Occupations Code for law enforcement and security. Any person under this code must be properly licensed in order to carry a firearm during the course of their duties. You don't even have to be paid to fall under this restriction; any organized group, like a church security detail comprised solely of volunteers, is under the same guidelines. The code says that the title assigned to you doesn't matter, either. It is just based on job purpose and description.

I believe you could get a personal protection authorization under Chapter 1702, Occupations Code, and if you are in a uniform, you could OC, or if you are in plain clothes, you could CC.

Here are links to a couple helpful areas of the law:
OCCUPATIONS CODE TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY
PENAL CODE TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 46. WEAPONS

HOI, I don't recall these questions or this discussion in my CHL class. Were these discussions/questions included in your class and are they asked on current tests? Boy Howdy! I'm glad I took my course when I did.

I am sorry, but I'm a little too tired today to read between the lines to understand the point being made. Will you please be more direct so that I can accurately respond?

Hoi Polloi wrote:

Oldgringo wrote:

Hoi Polloi wrote:To elaborate on what the above two posters said, carrying a firearm when functioning as a watchman is particularly problematic because watchmen fall under the Occupations Code for law enforcement and security. Any person under this code must be properly licensed in order to carry a firearm during the course of their duties. You don't even have to be paid to fall under this restriction; any organized group, like a church security detail comprised solely of volunteers, is under the same guidelines. The code says that the title assigned to you doesn't matter, either. It is just based on job purpose and description.

I believe you could get a personal protection authorization under Chapter 1702, Occupations Code, and if you are in a uniform, you could OC, or if you are in plain clothes, you could CC.

Here are links to a couple helpful areas of the law:
OCCUPATIONS CODE TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY
PENAL CODE TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 46. WEAPONS

HOI, I don't recall these questions or this discussion in my CHL class. Were these discussions/questions included in your class and are they asked on current tests? Boy Howdy! I'm glad I took my course when I did.

I am sorry, but I'm a little too tired today to read between the lines to understand the point being made. Will you please be more direct so that I can accurately respond?

Sorry, these items weren't touched upon when Mrs. Oldgringo and I sat for our Texas CH licenses a few years ago. Thank goodness, these deep questions weren't on the test back then either.

My question is: were these type issues/questions covered and/or discussed when you attended your CHL class and are these or similar questions on the current tests? If so, the bar has definitely been raised for new applicants...I think.

Oldgringo wrote:

Hoi Polloi wrote:

Oldgringo wrote:

Hoi Polloi wrote:To elaborate on what the above two posters said, carrying a firearm when functioning as a watchman is particularly problematic because watchmen fall under the Occupations Code for law enforcement and security. Any person under this code must be properly licensed in order to carry a firearm during the course of their duties. You don't even have to be paid to fall under this restriction; any organized group, like a church security detail comprised solely of volunteers, is under the same guidelines. The code says that the title assigned to you doesn't matter, either. It is just based on job purpose and description.

I believe you could get a personal protection authorization under Chapter 1702, Occupations Code, and if you are in a uniform, you could OC, or if you are in plain clothes, you could CC.

Here are links to a couple helpful areas of the law:
OCCUPATIONS CODE TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY
PENAL CODE TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 46. WEAPONS

HOI, I don't recall these questions or this discussion in my CHL class. Were these discussions/questions included in your class and are they asked on current tests? Boy Howdy! I'm glad I took my course when I did.

I am sorry, but I'm a little too tired today to read between the lines to understand the point being made. Will you please be more direct so that I can accurately respond?

Sorry, these items weren't touched upon when Mrs. Oldgringo and I sat for our Texas CH licenses a few years ago. Thank goodness, these deep questions weren't on the test back then either.

My question is: were these type issues/questions covered and/or discussed when you attended your CHL class and are these or similar questions on the current tests? If so, the bar has definitely been raised for new applicants...I think.

These items are not covered under the current CHL curriculum. However, they have been discussed at some length on the forum.

KC5AV wrote:

Oldgringo wrote:

Hoi Polloi wrote:

Oldgringo wrote:

Hoi Polloi wrote:To elaborate on what the above two posters said, carrying a firearm when functioning as a watchman is particularly problematic because watchmen fall under the Occupations Code for law enforcement and security. Any person under this code must be properly licensed in order to carry a firearm during the course of their duties. You don't even have to be paid to fall under this restriction; any organized group, like a church security detail comprised solely of volunteers, is under the same guidelines. The code says that the title assigned to you doesn't matter, either. It is just based on job purpose and description.

I believe you could get a personal protection authorization under Chapter 1702, Occupations Code, and if you are in a uniform, you could OC, or if you are in plain clothes, you could CC.

Here are links to a couple helpful areas of the law:
OCCUPATIONS CODE TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY
PENAL CODE TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 46. WEAPONS

HOI, I don't recall these questions or this discussion in my CHL class. Were these discussions/questions included in your class and are they asked on current tests? Boy Howdy! I'm glad I took my course when I did.

I am sorry, but I'm a little too tired today to read between the lines to understand the point being made. Will you please be more direct so that I can accurately respond?

Sorry, these items weren't touched upon when Mrs. Oldgringo and I sat for our Texas CH licenses a few years ago. Thank goodness, these deep questions weren't on the test back then either.

My question is: were these type issues/questions covered and/or discussed when you attended your CHL class and are these or similar questions on the current tests? If so, the bar has definitely been raised for new applicants...I think.

These items are not covered under the current CHL curriculum. However, they have been discussed at some length on the forum.

Thank you, I was just wondering if we missed something in the classes we attended prior to earning our CHL's.

Texgun wrote:You do not need a CHL if you are carrying a HANDGUN, ILLEGAL KNIFE OR CLUB as a "traveler". You can carry open, concealed or however you wish. You may get to explain yourself frequently along your journey depending on your mode of travel. You may encounter different interpretations of how the law is applied in a GUNS FREE SCHOOL ZONE. For this example, lets assume you are walking from Beaumont to El Paso. The Motorist Protection Act will not apply for my scenario.

First off open carry is not legal for any of the weapons above unless you are on property you own or control, or with some very limited exceptions. The Motorist Protection Act specifically states the weapon must be concealed. A long gun (rifle or shotgun), for the most part, is not regulated by Texas law and can be openly carried legally, although some folks may take issue with it (a case can be made for Disorderly Conduct in that event). As for the GFSZ act, federal law will prohibit your being armed while in such a school zone unless you are licensed by the state the school is in. Texas law on gun free schools is that it is essentially illegal to carry a weapon onto the premises of a school with premises being defined in section 46.035 of the Texas Penal Code.

G.A. Heath wrote:

Texgun wrote:You do not need a CHL if you are carrying a HANDGUN, ILLEGAL KNIFE OR CLUB as a "traveler". You can carry open, concealed or however you wish. You may get to explain yourself frequently along your journey depending on your mode of travel. You may encounter different interpretations of how the law is applied in a GUNS FREE SCHOOL ZONE. For this example, lets assume you are walking from Beaumont to El Paso. The Motorist Protection Act will not apply for my scenario.

First off open carry is not legal for any of the weapons above unless you are on property you own or control, or with some very limited exceptions.

And one of those exceptions is "traveling".

jordanmills wrote:And one of those exceptions is "traveling".

I dont think so, and would love to see the penal code on traveling with Open Carry.

Even under MPA, you have to have your weapon concealed in your car

Teamless wrote:

jordanmills wrote:And one of those exceptions is "traveling".

I dont think so, and would love to see the penal code on traveling

46.15