Here's A Scary Thought....Texas?

This is a discussion on Here's A Scary Thought....Texas? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So yesterday I called the Sheriff's office in Richardon, Tx. and no one could answer my question and I was told to call the Richardson ...

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Thread: Here's A Scary Thought....Texas?

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    VIP Member Array mprp's Avatar
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    Here's A Scary Thought....Texas?

    So yesterday I called the Sheriff's office in Richardon, Tx. and no one could answer my question and I was told to call the Richardson P.D. which after going through a few people, I finally got to someone that attempted to answer my question. Sgt. Soandso got on the line.

    I told him that I travel to the Richardson area about once or twice a year on business and I hold a California CCW that I know by looking on recip. maps, is honored in the state of Tx. but I wanted to know if there were any local situations that I should know about and to make sure, if I was able to carry concealed in that area without any restrictions, just to cover my bases. He told me that if I had the gun locked up in the trunk that I should be fine. I said that I didn't want to lock it in my trunk because it doesn't do any good there for what a CCW is for and to confirm, I asked if it was legal. He said that he thought it was legal but informed me that I shouldn't be waving it around exposed or anything. Really??? He said, "Hold on, let me ask another officer." He got back on the phone with me and said, "He doesn't think you can carry it but I think it's legal but I've never had that question asked before."

    Well I can understand that he may not have had that question asked from an out-of-stater, but a Sgt. with no experience with concealed carry? Wow. In Texas? Hmm He seemed to be more interested in what I was carrying, what he packs, what everyone in the dept. packs..... LOL Kinda cool.

    He ended up telling me to call a state agency to ask. again. I already knew that it was ok as far as the state was concerned but just simply wanted to know of any special areas etc. in HIS area that may be restricted because as far as recip goes, I must follow the rules and laws of the state of Tx.

    I ended up calling the Texas Dept. of Public Safety and asking them. The lady there said that it was absolutely ok but advised me to print out the Proclamation by the Governor of the State of Texas as to the recip with California, and take that with me. www.txdps.state.tx.us

    Man, what started out to be a simple question turned into a fiasco. I thought I'd post this here to basically show that even the great state of Texas may have issues with officer's not understanding CCW.
    Vietnam Vets, WELCOME HOME

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    Ex Member Array azchevy's Avatar
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    It would have probably been easier to just read the law yourself

    http://www.txdps.state.tx.us/adminis.../chlsindex.htm


    California: http://www.txdps.state.tx.us/adminis...forniaproc.pdf

    Current laws: http://www.txdps.state.tx.us/Interne...rms/CHL-16.pdf

    Don't expect the police to know every law. Most judges don't.

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    Here in FL, the state makes all rules/regs pertaining to guns use and gun carry. By state statute, any city/county laws on such are "null and void." Cities/counties have no say so and can only enforce state law. I had to point that out to a county attorney whose ordinance "illegally" banned firearms in parks.
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    VIP Member Array SIGguy229's Avatar
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    read the law for yourself.

    Do not ask LEOs on the law...you'll get opinion...as you've learned first hand.

    Find a TX gun forum...do lots of reading there
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    And.............Just don't be waving that there gun all around when ya hit the Lone Star State...ya hear Son?

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    Senior Member Array JJVP's Avatar
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    Quote Originally Posted by mprp View Post
    So yesterday I called the Sheriff's office in Richardon, Tx. and no one could answer my question and I was told to call the Richardson P.D. which after going through a few people, I finally got to someone that attempted to answer my question. Sgt. Soandso got on the line.

    I told him that I travel to the Richardson area about once or twice a year on business and I hold a California CCW that I know by looking on recip. maps, is honored in the state of Tx. but I wanted to know if there were any local situations that I should know about and to make sure, if I was able to carry concealed in that area without any restrictions, just to cover my bases. He told me that if I had the gun locked up in the trunk that I should be fine. I said that I didn't want to lock it in my trunk because it doesn't do any good there for what a CCW is for and to confirm, I asked if it was legal. He said that he thought it was legal but informed me that I shouldn't be waving it around exposed or anything. Really??? He said, "Hold on, let me ask another officer." He got back on the phone with me and said, "He doesn't think you can carry it but I think it's legal but I've never had that question asked before."

    Well I can understand that he may not have had that question asked from an out-of-stater, but a Sgt. with no experience with concealed carry? Wow. In Texas? Hmm He seemed to be more interested in what I was carrying, what he packs, what everyone in the dept. packs..... LOL Kinda cool.

    He ended up telling me to call a state agency to ask. again. I already knew that it was ok as far as the state was concerned but just simply wanted to know of any special areas etc. in HIS area that may be restricted because as far as recip goes, I must follow the rules and laws of the state of Tx.

    I ended up calling the Texas Dept. of Public Safety and asking them. The lady there said that it was absolutely ok but advised me to print out the Proclamation by the Governor of the State of Texas as to the recip with California, and take that with me. www.txdps.state.tx.us

    Man, what started out to be a simple question turned into a fiasco. I thought I'd post this here to basically show that even the great state of Texas may have issues with officer's not understanding CCW.
    There no local CHL issues in TX. State law prempts all local laws. If you comply with state law you are OK.

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    A CCW from California? He was probably in shock and disbeleif...
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    VIP Member Array hogdaddy's Avatar
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    Quote Originally Posted by HotGuns View Post
    A CCW from California? He was probably in shock and disbeleif...
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    I ended up calling the Texas Dept. of Public Safety and asking them. The lady there said that it was absolutely ok but advised me to print out the Proclamation by the Governor of the State of Texas as to the recip with California, and take that with me. www.txdps.state.tx.us
    That there was one smart lady.
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    patriot and who isn't. Its function is to obey orders, not originate them.

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    Quote Originally Posted by HotGuns View Post
    A CCW from California? He was probably in shock and disbeleif...
    Yeah, probably thought it was a prank call.
    Retired USAF E-8. Remember: You're being watched!
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    VIP Member Array mprp's Avatar
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    Quote Originally Posted by QKShooter View Post
    And.............Just don't be waving that there gun all around when ya hit the Lone Star State...ya hear Son?
    I know! Thanks QK, couldn't stop laughing for about 5 minutes there. I thought about him putting it like that and and started cracking up. Too funny! "Uhhh........yes sir."

    I know that we can all read the laws, I've done a lot of that too but back to the reason that I called... This is just why: Called to see if there were any local restrictions that may not be in the laws or maybe one of those, "it's legal but you probably shouldn't pack here, type deals. But I got a worse answer - I asked and was transferred to about 4 or 5 different people and the only person that could answer my question wasn't a LEO. Yikes! The LEO's are the one that are going to ask the question, "So son, how does that there pavement taste?"
    Vietnam Vets, WELCOME HOME

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    After 34 years of Law Enforcement in Texas as a Federal LEO and a State LEO, I can assure that most officers would rather have a custom
    pen and pencil set than custom firearms. There are officers who can tell you that if you are allowed to carry in Texas, but most don't know up from down on handgun laws.

    Look here for futher information:
    Title 10 Chpt. 46 46.03
    A place of business that derives 51% or more of its income from the sale or service of alcoholic
    beverages for on premises consumption
    On premises of a correctional facility
    On the physical premises of a school or educational institution, any grounds or building on which an
    activity sponsored by a school or educational institution is being conducted, or a passenger
    transportation vehicle of a school or educational institution, whether the school or educational
    institution is public or private,
    On the premises where a high school, collegiate or professional sporting event of interscholastic
    event is taking place, unless the license holder is a participant in the event and a handgun is used in
    the event
    On the premises of a polling place on the day of an election or while early voting is in progress.
    racetrack; secured area of an airport

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    Senior Member Array Keltyke's Avatar
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    Quote Originally Posted by mprp View Post
    Man, what started out to be a simple question turned into a fiasco. I thought I'd post this here to basically show that even the great state of Texas may have issues with officer's not understanding CCW.
    That's why to NEVER ask a field LEO about gun laws and you NEVER take what they say as gospel. The person who really knows, or can find out, is the Ass. DA. That's why cops have Ass. DAs and prosecutors on call. "What can we charge this guy with?" is a common question asked by arresting LEOs.

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    Distinguished Member Array Rexster's Avatar
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    The main thing unique to Texas law to section 30.06 of the Penal Code, regarding trespass while carrying under the provisions of the concealed carry law. In some states, one can only be arrested if asked to to leave first. But, in Texas, if proper 30.06 signage is in place, at the entrance(s), one is in violation upon entering the place armed with a handgun.

    The good thing is that not all that many places are posted with such signs. If improper signs are posted, they have no legal effect. Just remember, if your gun's presence becomes known, however, and you are asked to leave, you must leave at that point.

    Of course, look out for the 51% signs. If you walk into a bar, that obviously makes most of its income from alcohol sales for on-premise consumption, and did not see a 51% sign, get out of there with with your gun, anyway. (There is a fine point of the law here, but I can't quote it from memory, would give someone the benefit of the doubt, but not all LEOs and DAs will.)

    This is just a primer. As already said, read the law for yourself, and be sure to read all the way to the bottom of each relevant section. Many of the myths of Texas carry laws come from folks not reading all the way to the bottom.

    FWIW, I am a Texas LEO, with a big-city PD badge. So, don't believe anything I say; read it for yourself.

    Oh, and a Texas LEO not knowing all the recognized states' licenses and permits is nothing unusual. Used to be, each new recognized state was a big deal, subject to much attention. Lately, there are no bulletins at the PD, no media attention, just a new state added to the websites. NY caught me totally by surprise, for example. I had no idea, until I saw it recently mentioned on a forum, and then looked it up.

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    When CC passed here, then Cities, etc. all started getting paranoid and passing all types of "local" laws that would make nearly impossible to go anywhere and know what the law was in this town or that. So, In their "wisdom" ( I mean that too.. compliment)... the State Legislature went in and made the state law 'over-ride' and that cities could NOT make laws to make them any stricter, etc. and if they did, those laws would be null and void.

    Now, saying that... the small town I live in has a "no weapons in city parks" ... it's illegal. BUT , that was one of the things the STATE covered, that no city grounds, parks, etc could be made illegal to cc. Most changed their laws to read "unless a licensed CC holder" (then you are legal). My town is a hold out. In other words someone will eventually get arrested and they will use it to challenge the state law. Now, do I carry in the park, you bet I do.... per the state of Kansas .. I'm legal and any city ordinaces to the contrary are null and void... so , I"m acting in good faith with the state laws.
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