Friday, October 30, 2009

texas concealed handgun laws

Beginning in December 2008, the Texas Department of Public Safety started receiving an unprecedented number of applications of concealed handgun permits, said Tom Vinger, assistant chief of DPS media relations. ...Due to a backlog of applicants waiting to take the Texas state required Concealed Handgun License (CHL) course, the Oak Ridge North Police Department (just North of Houston) was given permission by the City Council to teach the class. ...Representatives of both candidates say they own rifles and handguns and that they are hunters. Perry's spokesman, Mark Miner, said the governor has a Texas license to carry a concealed handgun. The senator's spokeswoman, Jennifer Baker, ... He said Perry, also a National Rifle Association backer, supported the legislation allowing Texans to carry concealed handguns and in 2007 signed the state's so-called castle doctrine law allowing individuals more legal rights to shoot ...Here is the latest downloadable copy of the 2009 - 2010 Texas Concealed Handgun Laws. You can download a copy by clicking on the link below. You will need."The trend is widespread across Texas, and most people are attributing the increase to the presidential election of Barack Obama because people started fearing their right to bear arms may be limited under the new administration." ...Should Texas legislature pass "Open Carry" laws? Yes - Anyone should have the right to openly carry. Yes - But with similar licensing as concealed handgun permits. No - A concealed handgun license is enough. ...Texas is working on a bill where students and staff can carry their gun on campus; with 73090 concealed handgun licenses received in 2008 alone campuses should get on board. In order to even receive a concealed handgun license, the gun ...Not long ago we pointed out that CHL (Concealed Handgun License) holders could carry their concealed handguns at the State Fair of Texas as long as they showed their CHL to a law enforcement officer at the gate. ...In 1995, a law granting Texans the right to carry concealed firearms made Texas the 31st state to legalize carrying concealed weapons. Texas is one of the states having the most stringent requirements for acquiring a concealed handgun ...That's the title of my forthcoming article in the Connecticut Law Review; a revised version is now available. The article suggests that, under Heller, bans on guns at schools are constitutional. However, as a policy matter, gun prohibition on campuses turns them into targets for ... A professor at a medical school who lawfully carries a licensed concealed handgun throughout the state is not going to suddenly turn into a violent criminal if he also carries while on campus. ...
My friend thinks he can wave it around wherever he wants! Even in a parking lot.


I'm from Texas and about to take my CHL class. I occasionally travel to Oklahoma and would like to know the local and state regulations for carrying a concealed handgun. I've skimmed the written law but it was overly detailed and confusing.

Thanks.


Coming back from the ranch in Texas a friend of mine got pulled over by the Border Patrol and they seized a legal handgun that was concealed in the center console. He does not have a permit because in Texas you DO NOT need one to carry in your vehicle (according to the new Tx law) .He is OF AGE to carry. He DID NOT lie about the gun. He is NOT a criminal and has NO criminal record. This CANNOT be legal. My dad is retired Border Patrol and told me its NOT right that they took it.
Maybe Im wrong and I better be, because his Congressman will be tearing some people up if they are outta line. Let me know if you are KNOWLEDGEABLE about this situation, I dont want your opinion or guesses please.
UPDATE***
The Patrol agent suspected my buddy of driving under the influence and gave him this ultimatum..... "Ill take that gun and you can go home, or I can call the Sheriff about this"

My buddy chose to just go home....This is LAW breaking. My buddy said to the Agent he had A beer a few hours before that was it.


I recently got my CHL and my instructor had mentioned that we are allowed to go into a Church with our gun, but reading the gun laws, it mentions that its an offense if I do. from what I understood, we can't go into places with the "30.06" sign but what if the Church doesn't have that? Any comments, links if possible.


I live in Texas, and have a Concealed Handgun License. I will be flying out to California to help my parents move back to Georgia. I would like to bring my pistol so that once we cross into Arizona, I can carry it in accordance with my CHL. I know I can't "carry" it in California, but I don't mind keeping it locked up for the < 10 hours I'll be there.

I know how to properly fly with my handgun, I do it all the time, but never into California. I know they have some CA DOJ Approved list that your gun must meet to bring it into the state. Mine's a Smith & Wesson M&P compact, .40 and a Kel-Tec P11 9mm (BUG), if that helps.

I know there's a federal law that says you're supposed to be able to travel anywhere with your gun as long as its legal in the origin and destination, but I'm not sure how that applies when I'm traveling West in order to go East.

The intended focus of this question is the legality of bringing my aforementioned pistols into California for less than one day, assuming I comply with their "separate locks" requirements, etc.

Oh, and my apologies that this isn't exactly a hunting question. It was here, or "Law & Ethics," which would almost certainly result in responses of "Go away evil gun owner," etc.

Thanks to all, -Tex


I need help on a few laws. At what age can a person legally own a shotgun/rifle/handgun? At what age can one get a CHL (concealed handgun license)? How can one get a CHL? And if the handgun owning is legally 21, why can a member of the Texas State Guard (i was apart of it before i joined the USMC) legally carry and qualify when the person(s) are at the age of 17-19? ((qualified with a 40 cal Glok EXPERT first time. no practice. 229 :-))


I am 19 years old and a Texas resident (not a member of the military). I believe (please correct me if I am mistaken) that I am allowed to carry a handgun on my own premises, or on private land owned by my immediate family. My question is if a vehicle, registered to my immediate family, is considered still being on my family’s ‘premises’.
It may help to describe the situation in detail. My family owns a home in the city and a large tract of land a few hours away. It is my understanding that I can legally carry a handgun on either premises (the home and the tract of land). Can I (at 19 years old and unaccompanied by a family member over 21) transport a handgun in a vehicle registered to my family from my family’s house to our tract of land as long as the handgun never leaves the vehicle unless it is parked on land that my family owns? (I understand that while in the vehicle, the handgun cannot be in plain view and that I cannot be engaged in criminal activity, or a member of a ‘street gang’)
I looked at the state penal code, but was unable to find any minimum age to be in possession of a handgun on private property. I know that I must be 21 to purchase a handgun and to get a concealed handgun permit, but I didn’t see any minimum age for having one on my person, as long as I am on land that belongs to my family.
Thank you for your time. It would be convenient to be able to do this, but it is more important to me that I remain on the right side of the law.
To clarify:

I guess this is multifaceted. Here are the issues as I see them
•Is there a minimum age to be in the possession of a handgun on private property owned by YOUR PARENTS?
•I know you can possess a handgun in YOUR car. but what if the title is in YOUR PARENT'S name?

The more i think about this, the more confusing it gets. Thanks for the answers so far guys!


In September of 2007, Texas finally clarified the definition of "traveling" so that even non concealed carry permit holders could have a handgun within their reach in their car. One of the requirements is that you must be able to legally own a gun (not a felon, gang member, etc.). Does that also mean that minors can't carry in a vehicle?


I'm sure many people have been touchin on this subject as of late and recent times. But I still want to bring it up. I am against such law, I am from Texas of course, and I've always been able to go anywhere with my rifle for one, and my dad with his pistol and just shoot for fun. With a proper permit, we can carry a concealed handgun. I believe banning will not solve any issues, it will bing another civil war, and slowly Obama will pick our country apart by tearing out every ammendment that we have ever loved and cared about that has kept this country in tact since 1776. There is horrible crime don't you doubt. But someone is going to get a hold of a weapon, or someone is going to murder in a different way...either way it's not going to be any better if not worst. I am in the military as well, so I was always taught to "love" my weapon and never leave it, I sure as hell am not going to have someone pry it from my hands when I am home in Texas. How do you protect your family when ya really need too? Crap happens...and you can no longer protect your family...opinions anyone?


Alright im really confused and please only answer if you know what your talking about thanks. Im 17 years old and im active duty army. Texas law states that you can have a license to own and conceal a handgun at the age of 18 if your in the armed forces because if your old enough to fight your old enough to own a gun makes since right. but im 17 and in the army does this apply to me? either way you cant buy a handgun unitl your 21 so how does that work can my mom get me one as a gift i know all about the straw law thing but how does it work exactly i also know i can inherit one but since im 17 can this work since im old enough to fight for my country? And please dont say ask the gun store or range people cuz those civillians always give me the same shit, they say if it was up to them we'd all be allowed a gun regardless of age than they really just joke around and never answer and its awkward any help please and thanks.
umm no1 is seeing the question i know for a fact i can only get a concealed licens cuz of the army you need your orders as proof so this is fact and not only mps get a side arm medics et one and i get one cuz im a team leader in dstb a securtiy unit ne way its not for work its only for off time fun


My father (now deceased) who lived in Syracuse, NY left me his gun collection which includes several handguns, rifles and shotguns. He had a concealed handgun permit issued by the State of New York, so the handguns are all legally listed and registered on his permit which I am now in possession of. According to the laws in NY, the guns should be "disposed" of by turning them into the Sheriff's office or to a gun dealer.

I am trying to figure out how I can legally transfer ownership of the guns from my deceased father to myself and transport the guns from New York State to Texas.

As the guns were "willed" to me and are now technically my property, can I fly to New York and bring the guns back to Texas with me as checked baggage on the plane without going through a gun dealer? Would there be any ownership or registration issues? Handguns in Texas are not required to be registered - but can I legally be in possession of the guns while still in the State of New York even if in the process of transporting them out of state?


im trying to find a topic for my social studies fair that has to do with crime because of handguns in louisiana vs texas..im trying to see if there is a big crime difference because of gun laws between these states.
HELP PLEASE
thanks!


I'm national guard, and I've heard that Military you don't have to be 21 to get a CHL. Is that true for National Guard as well? This applies to Texas laws.


That is the real problem here is the stupid New York gun laws. If he was in Dallas and did this he would just be called stupid. The crime rate is also lower in Texas than New York. Wonder Why? Cause only thugs have guns in New York.


I'm a little confused so I might not explain myself clearly...I understand you have to be 18 to purchase a long gun (rifle/shotguns) and 21 to purchase hand guns or fully automatics. From my understandings you can purchase a handgun at an age under 21 if it's from an unlicensed dealer, such as a gun show or ad. Supposedly there was a law passed where you could conceal your weapon in your car without a permit as long as you aren't carrying it and you notify authorities if they ask. If in fact a person under the age of 21 could purchase a handgun from an unlicensed dealer would this law not be enforced for them, being that they aren't 21. Just because you can buy it, doesn't mean you can't carry it, etc. switch blades or any other weapons that are illegal but could be purchased. Also if a person under the age or 21 can purchase a shotgun, could it be a semi-automatic? For those of you that are wondering, I'm 19 and turning 20 in a few months. Despite what people stereo type kids doing with firearms, I actually need it for home defense. Being that I'm young and don't have a lot of money I was forced to not live in the safest of neighborhoods when I purchased my house. Everyone's input will be greatly appreciated!
To Tootie: Thanks for the info. The problem is not getting the ammo. It's not like I'm going to be going through rounds anyway, since I'm hoping I won't have to use it since it's just for protection. 20rds would be efficient for me. The main concern with me is even if I can own it, would it be alright for me to use it in defense. I heard of a woman who was convicted in Texas for murder because she shot and killed a robber with a handgun. I believe she was 19 and her boyfriend who was 22 left it at the house for her protection.


Does anyone know is it now legal to keep your weapon under your seat without a concealed handgun license? Do you need to keep gun separate from the ammo?


I am a law student in Houston, and I commute by bus. It's my only option, driving myself isn't possible. Anyway, I also have my Concealed Handgun License, and I carry everywhere that I am legally allowed to.

The Bus has increasingly become a place of violence. There have been several "touched" individuals going on rampages, one of whom drew a knife and attacked the driver. I would really, really like to carry my firearm, which is legal on the bus.

Problem is, when I get off the bus, I'm in downtown Houston, and walking to a Law School (gun-free zone). My school also houses a Courthouse, so it's double illegal to carry a firearm in there.

I am absolutely committed to obeying Texas law, period. However, I want my firearm during commute.

Classes start early, too early for a bank's safe deposit box (my first thought). And unfortunately, I don't see any gun shops nearby that I could trust to secure my weapon for a few hours.

I may end up unable to do anything to remedy this, unless someone can suggest something to me.

Thanks,
Texas
Eyecue, you are a genius! How did I not think of that? I will check up on that this week!

If other people come up with other answers, please continue, just in case this doesn't pan out, but right now I'm kicking myself in the face for not coming up with this on my own.

I guess sometimes the answer is hardest to see when it's right in front of you.
As stated, a safe-deposit box won't work, as banks don't open until 9am at the earliest. I do appreciate the thought though, it was my first plan until that got in the way.


I understand you can have a handgun if it is concealed...but my friend who is studying law enforcement says you can carry on your side where it is visible to others. Which I don't believe... True or not true?


I was arrested for "unlawfully carrying handgun on licensed premise" (where alcohol is served). I have a concealed handgun license. Texas law allows this unless the business derives 51% of it's income from the on-premise consumption of alcohol. This restaurant where I was arrested was legal to carry with a license. The officer arrested me anyway and I was somehow indicted for this. When they realized their mistake the case was dismissed, but I am a self-employed professional and my reputation has been compromised because my name was in the local paper regarding this incident. I realize the officer thought it was a good arrest, but it wasn't. I'm not sure this has ever happened in Texas, but it happened to me. Any thoughts on the outcome of initiating a civil suit. The legal system should know what's legal and what's not, shouldn't they?


I am 19 years old and have recently been offered conditional employment with a Sheriff's department in Texas. One of the deputies told me that first I will spend 2 years as a jailer and after that they will send me to the academy and I will be able to go on patrol. During the time that I'm a jailer, will I be able to carry a concealed weapon off duty?Texas law says you have to eligible to purchase a handgun to apply for a CCW, which means 21. I'm not asking because I'm gung-ho or anything, I'm asking because a few nights ago I was robbed at knife point and would feel safer if I was armed.


I lived in Cheyenne, Wy from 92-95. While I was there I saw on numerous occasions people going in and around businesses with guns on their hips, exposed, like in the old west. I remember specifically, this one man walking out of Wal-Mart wearing chaps and he had a pistol. It was not during Frontier Days, he was obviously a rancher. My grandfather told me that it was legal. I no longer live in Cheyenne and obviously many states have different laws regarding handguns. In Texas you can obtain a concealed handgun license, but if carrying, it must not ever be exposed.

Does anyone know if anything has changed in Wyoming?


I was recently told that Texas recently passes a law where you can carry a handgun in your vehicle without a CHL. Is this true?


I have an Ohio conceal carry license but I am moving to Texas am I allowed to carry my handgun in Texas with my Ohio license or do I have to take the classes again before I can carry?


I am getting a pistol on my 21st brithday, and I know I need to get my concealed handgun license inorder to carry the gun. Do I get my gun first, or license?
Laws very by state; I am only looking for Texas' laws.


Can someone clarify FOR SURE some of the gun laws in Texas? (There are no crazy circumstances-everybody is over 21, no felonies, etc.)

Specifically, a friend and I are debating whether it's legal to carry a gun in a car. I say it's ok as long as it is in plain sight (not concealed). He thinks I am wrong on this.

Does it matter if it's a long gun? Handgun? Assault weapon?

I think you can walk down main street with a gun over your shoulder if you want. (Not that it would be a GOOD idea, just that, technically, it's legal as long as you are not threatening anyone, not a felon, etc.)

Also, there seems to be some confusion over sale and possession of automatic/semi-automatic weapons. Can I legally own one of these?

Also, if I sell a firearm (just as an individual selling from my personal collection-not a business or anything) am I responsible for NICS checking the purchaser?


I applied for a Texas concealed handgun license and actually chose to tell the truth and disclose that I take antidepressants. I am not crazy, and I am more mentallly stable than 80 % of the population. However, due to an arcane law that disallows people on meds to have a CHL, I was denied. I hired an attorney who promptly closed shop and ran off with my retainer. I am being denied the right to be able to defend my family because of this. Criminals don't apply for CHL's, and where is the state going to be if me or my family are attacked? Does anybody have any experience with this? How can I legally get my CHL?


Sept. 22, 2006, 7:41PM
Slain officer missed suspect's gun in search


By MELANIE MARKLEY, JENNIFER LEAHY and ROSANNA RUIZ
Copyright 2006 Houston Chronicle

The Houston police officer who was gunned down by a suspect Thursday after a routine traffic stop apparently missed the man's weapon in a pat-down search, Capt. Dale Brown told reporters today.

Juan Leonardo Quintero, a 32-year-old illegal immigrant, has been charged with capital murder in the shooting death of Houston Police Officer Rodney Johnson.

Brown said Quintero apparently was not under the influence of drugs or alcohol at the time of his arrest.

Brown said that Quintero had a criminal history from 1995 to 1999, convicted for DWI, failure to stop and give information and indecency with a child. His driver's license was suspended and he was deported to Mexico by immigration officials in 1999, Brown said.

Quintero has been working for a landscaping company in the Deer Park area and was driving a company Ford double-cab pickup when Johnson stopped him for speeding, Brown said.

Quintero, who apparently in the pickup with a co-worker and the two daughters of his common-law wife, was traveling 50 miles per hour in a 30-mile-per-hour zone, he said. He had picked up the two girls from school and was taking them home, he said.

Johnson decided to arrest Quintero because he did not have any identification, Brown said. Although Johnson patted him down before handcuffing him, he apparently missed the 9-mm handgun he concealed under his waistband, he said.

Although Quintero was handcuffed behind his back, Brown said he apparently manipulated his handcuffed hands under his legs to the front of his body so he could fire his weapon. His hands were again behind his back when officers arrived, he said.

The suspect also fired at a wrecker driver who had been called to the scene by Johnson at the time of the arrest. The wrecker driver had spotted Johnson in apparent distress in the front seat of the car and was approaching the police car when the shot was fired. He retreated until officers arrived.


His wife, Theresa Quintero, said he has expressed concern about immigration officials and whether he should return to Mexico.

Theresa Quintero said in an interview today at their home near Hobby Airport that the couple has been married since 1997.

HPD's Brown said records reflect no arrests for the suspect since 1999, but he said officers were still researching records.

Chief Harold Hurtt defended his policy against enforcing immigration laws, saying the situation points to the need for stronger enforcement at the border since Quintero had been deported.

``If the government would fulfill their responsibility of protecting the border, we probably would not be standing here today,'' Hurtt said.

A Harris County prosecutor said in court this morning that, while seated in the back seat, the suspect pulled a 9 mm handgun from his waistband and shot Johnson in the face. The officer was able to push an emergency response button, alerting dispatch of a problem.

When other police arrived at the scene, Quintero remained in the back seat with the gun in his hand, the prosecutor said. Police found bullet casings inside the car.

Quintero kept his head down while waiting to be called before the judge. During a brief hearing, he answered "Yes'' when asked whether he understood the charge against him.

Quintero has been charged with capital murder in the 248th District Court, said HPD spokesman John Cannon.

Cannon said the suspect gave "a full confession" to the shooting.

A source familiar with the scene said Johnson was shot four times through the plastic shield separating the front and rear seats. Johnson managed to push his emergency button before collapsing. The 12-year veteran of the department was taken to Ben Taub General Hospital where he was pronounced dead.

The suspect reportedly struggled as officers tried to move him to a different vehicle.

"They finally got him in the other car, but he was scratching and fighting and acting crazy, like he could win in a fight like that," said Clara Rodriguez, who lives nearby.

Johnson, 40, was the first HPD officer killed in more than two years.

"He was very personable," Hurtt said. "We will miss one of our true soldiers in Rodney Johnson."

At least a dozen law enforcement vehicles cordoned off a large area at Randolph and Braniff where the light bar atop Johnson's patrol car continued to flash long after the shooting. Temporary spotlights illuminated the scene into the evening as evidence technicians scoured the area. The owner of a nearby machine shop was called to the scene because bullets apparently pierced the wall of his building and investigators needed to get inside.

Before the suspect was taken to HPD headquarters, he was stripped of his clothes, which were placed in evidence bags, and dressed in a white jumpsuit. He was then taken downtown in the second of three patrol cars that left the scene shortly after 7 p.m.


'It just breaks my heart'
As news of Johnson's death spread, police officers gathered in small groups but said little. One HPD sergeant walked to a patrol car, took out his cell phone and made a quick phone call, taking a long drink of cold water from a bottle.

"Something real bad has happened by the airport," he said.

Rodriguez said that she and her neighbors in the small subdivision between Telephone Road and Almeda Genoa knew Johnson well and that he was well-liked.

"He would always wave and smile when he saw me," Rodriguez said. "He was a real nice guy. All he was trying to do was enforce the rules."

Rodriguez said Johnson stopped her once for speeding when the speed limit was lowered on Telephone Road. She said he politely asked her to slow down and did not ticket her.

"He was just so very nice," she said. "He was not ever mean. It just breaks my heart. I feel so very bad for his wife. He got up and went to work this morning, and this is what happened. This is what happened to one of the people who protects us, who truly took care of us."

Johnson graduated from high school in Oakland, Calif., then enlisted in the Army, serving as an MP until he was honorably discharged in 1990. He served as a corrections officer for the Texas Department of Corrections (now the Texas Department of Criminal Justice) and as a Houston police jailer before attending the police academy and graduating in 1994.

Johnson was assigned to the southeast division that year and to the southeast gang task force in 1996. While on the task force he received two Lifesaving Awards from the department and one Medal of Valor from the state. He was married to Houston police officer Joslyn Johnson. They have three daughters and two sons between the ages of 14 and 19..


i am 21 and i live in houston texas. i just finished a handgun training program in which i will receive a concealed semiautomatic handgun license or permit. i dont know much about gun laws and dont know the difference between license and permit in terms of guns, i do know the difference for driving. i need for someone to explain to me the difference between handgun license and handgun permit. i also need to know the difference between (license or permit) of concealed handgun to (license or permit) to carry a concealed handgun. i thought that concealed license or permit and carry a concealed handgun license or permit is the same thing?i also need to know if i can carry my loaded pistol around tucked into my pants along with my gun I.D.? if i get pulled over by a cop for a traffic violation and the loaded gun is tucked in my pants and i have the gun I.D.,where does the loaded gun have to be in the vehicle at all times?also,can i carry my pistol to places like movie theaters or the mall?

No comments:

Post a Comment