What is Concealed Carry?

In all the hectic political environment recently, could not help but remember my Dad emphasizing the importance of learning to work with others. I always had a tendency to want to reform those around me and he always told me, I am not saying you are wrong, but to help someone you must have his cooperation so do not beat him up with your good truth. All of the name-calling and pointing fingers does not result in an environment to solve problems no matter what the truth is.

One thing we sometimes forget is that the political arguments will sway one way for a while and then sway another so am not sure where we are coming from with the violent arguments and demonstrations that have and are occurring.

Now down to things we need to know.

With a Concealed Handgun License, you may carry a handgun on your person as long as it remains concealed except where prohibited by law, when requested by the owner or if signed out by a Legal 30.06 Sign Long guns may not have to be concealed, but must be carried in a manner not calculated to cause alarm.

Open carry is not allowed in Texas except when participating in certain sporting activities or a person with an official badge showing. Long guns are accepted but still may cause alarm or public outcry and cause you lots of trouble or cost money.

With the passage of the Motorist Protection Act, even without a license, you may now carry handguns, loaded and within reach as long as they are concealed, to and from your home and vehicle or watercraft and to and from your business or a place where you can legally have the handgun. Just be sure you understand the law.

A bill was introduced to the US Congress requiring handgun manufacturers to personalize weapons and retrofit older guns so they will not fire if they fall into the wrong hands. I can see all kinds of problems for this procedure and thought process but might keep an eye on this. Given that the atmosphere for gun legislation is not a popular thing right now probably will not go anywhere but is being put forward as “common sense” solution.

Most of you already understand carrying in a church, hospital, nursing home, or school but consider the following which was offered by the Shields Protection Group also:

  1. A CHL Licensee can legally carry in a church, hospital, or nursing home if there is not a posted 30.06 sign or they have not agreed to it in a policy agreement. Section 46.035(b)(4) and (6) appears to prohibit carrying in these places. However 46.035(i) states that (4) and (6) do

not apply if the actor was not given notice under Section 30.06. (was not notified by owner of premises or no 30.06 sign is posted).

  1. Neither a CHL licensee nor anyone else can take a handgun into a school building. It may be carried in an automobile, onto sidewalks, driveways, and parking lots. It must be concealed. The 300 foot prohibition only applies to people who are committing or who have committed a crime with a weapon near the school. The federal crime of possession on the grounds or within 1000 feet of public, parochial or private school may apply but is rarely enforced and there are exceptions to the law:
  • If on private property not a part of the school grounds. (lives within 1000 feet)
  • A licensee can carry in a “gun free zone as long as it is in a school zone located in the state that issued his CHL. Therefore probably if you have a non-resident license even though you are a resident of Texas, you may be vulnerable to this law.
  • If the handgun is unloaded and in a locked container or rack.
  • If handgun is to be used in an approved school program or in school sponsored activities (ROTC, etc.)
  • If under contract with school. (school security guards)
  • If carried by law enforcement in official capacity while on duty.
  • If unloaded and individual is traversing school property to gain access to public or private lands open to hunting with permission from school

Have had our DPS update for instructors and all that we have been teaching appears to fall within their interpretation of the laws that we must operate under.

Appreciated that they brought us in and reviewed all the information with us (class was 7:45 a.m. to 7:15 pm with only 1 hour for lunch.) Then we took a 55 question test which was very thorough so they are trying to keep the integrity of the program and teaching strong.

Very strong emphasis that most infractions by Licensees are for alcohol or drugs. Their explanation was that we can’t tell you not to drink if you carry, but they did say guns and alcohol do not mix because if you do not get charged in a criminal case, you may have to answer for it in a civil case. So be cautious.

On carrying, much was discussed about accessibility and safety. Need to look at workplace -, is it secure, is it accessible because one of your workers has a key, do your duties and clothes allow carrying safely and concealed. In public places - what are your options if car is valet parked, if have to go into an area you cannot carry where can you secure it safely and privately, are there children around, depending on what you are doing can you keep it concealed, and who – friends, co-workers, family, children, strangers – would have access to where you have the handgun. Always comes back to weighing the accessibility you need to defend yourself and the security’ you need for those around you.

One of the instructors brought up that even if you did not meet the charge of allowing a child gain access to your handgun, and no one was killed or injured, you still might face charges of endangering a child.

The new law changing the wording from failing to conceal to intentional display may help in certain instances but does not mean you won’t have to pay for your handgun showing in any fashion.

The new class still covers the Basic Gun Safety and Training, Use of Force, Dispute Resolution and Proper storage action. We will do a class of 5 hours of instruction as the 4 hour class does not allow for Eligibility and application process coverage or suspensions and revocation laws. The test is now only 25 questions so you can only miss 4 questions or you fail. The range qualification is in addition to the class time. You need to be proficient with your handgun as no longer can assist in loading, fixing jams, and if shot does not get off within the time limit, it is a missed shot.

For those of you who have an NSA license “qualified with a revolver”, you do not get immediately grandfathered to an SA license according the DPS officers. All new applications will be issued as SA no matter what you qualify with.

If you wanted to go get an instructor to requalify you with a semiautomatic, you could then apply to have it reissued as a SA license. Otherwise, you must remain only carrying a “non semiautomatic” handgun until your license is ready to expire and when you renew your license it will automatically change to a SA license. All renewal licenses will be issued SA. The last ones should expire by 2018.

As always lots to learn and soak in.

As hunting seasons and cooler weather come, have fun but always ‐ Stay Safe,

Ross and Dottie www.chl‐texas.com

512/750 9843

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