34 votes

I Started Carrying Today. I Didn't Ask Permission.

It is my hope to actually say this one day, but I'd like to be a little more educated on the "legal" consequences before doing so. Also, I don't have a concealable handgun yet, and honestly, I've yet to muster up the courage to defy the State in this regard. (I'm ashamed!)

If we all just quit asking for permission from the State to do things, their relevance would fade a lot more quickly.

I realize every state is different, but generally speaking, if you defend yourself or someone else with lethal force while carrying a firearm "illegally" in the eyes of state bureaucrats, can you get in trouble?

What are some of the biggest concerns about carrying a firearm without a permit?

UPDATE: I guess I knew about this option, but it slipped my mind:

www.txdps.state.tx.us/internetforms/forms/chl-16.pdf#page=42

Sounds like I'm okay as long as it's completely concealed and in, or in route to, my vehicle. It's not clear about if I'm returning to my home from my vehicle.

PC §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 or watercraft 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 or watercraft 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 or boating;
(B)prohibited by law from possessing a firearm; or
(C)a member of a criminal street gang, as defined by Section 70.01.

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Same here, I grew up in

Same here, I grew up in Kansas, the difference? -Lot's of people/kids had problems but everyone wasn't on psychotropic meds like they are now...

Review the supremacy clause

and then see: The second amendment.

IMO - Being required to ask anyone permission would be an infringement. As far as what the consequences could be - it's a trial by fire my friend... good luck to ya but I will say if you want to KICK ARSE in a court room I would memorize the following video:

https://www.youtube.com/watch?v=1s-zHrNPfkQ

That argument is rock solid for defending any constitutionally guaranteed right.

Exactly

what I was thinking. No one can require a license for a right guaranteed under the Constitution. So sayeth the Supreme Court. If the law must be respected, then by all means let the "justice" system respect the law.

Rob

I understand where you are coming from but don't do it. UNless of course you can't "legally" do so. Then do whatever you have to do to protect yourself. The prison industrial complex in this country is to big and it won't accomplish much if you get busted. If you want to do this get organized and do it with hundreds. They can't arrest that many.

As for penalties, they vary from state to state. Here is the information regarding Texas CHL and more. http://www.txdps.state.tx.us/internetforms/forms/chl-16.pdf Page #36 has what you're looking for i believe.

Short answer yes, you will probably get in trouble for just carrying and they'll use the fact that you didn't bother to get a CHL against you in pursuing some sort of criminal case regarding you having shot someone. It sucks.

"Timid men prefer the calm of despotism to the tempestuous sea of liberty."

Click Here To See The Candidates On The Record

PC §46.02. UNLAWFUL CARRYING WEAPONS

www.txdps.state.tx.us/internetforms/forms/chl-16.pdf#page=42

Sounds like I'm okay as long as it's completely concealed and in my car.

PC §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 or watercraft 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 or watercraft 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 or boating;
(B)prohibited by law from possessing a firearm; or
(C)a member of a criminal street gang, as defined by Section 70.01.

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

car carry

is gtg. I did it in my state all the way up until daddy gub said i could carry it on my person.

"Timid men prefer the calm of despotism to the tempestuous sea of liberty."

Click Here To See The Candidates On The Record

Any advise if I'm carrying on my person, in my vehicle....

...and I get pulled over?

Pulled over an asked to step out of the car?

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

definately

When you get stopped. Turn your car off. Have your license, insurance, registration etc ready. Keep your hands at 10 and 2.

Inform the officer either immediately or once you are asked to step out of the vehicle that you are concealing a firearm, legally inside the vehicle, without a permit. (Keep a copy of the statute in your car so you can show him the law if necessary. To many cops don't know the law.) Tell him if you are to step out of the vehicle you will be violating the law and ask him how he would like to handle it.

He'll do one of three most likely things.

Ask you to remain in the vehicle.
Ask you to place the firearm on the dash while gripping it with only your thumb and fore finger.
Ask you to step outside the vehicle and he'll temporarily take it until the stop is complete.

It's way better to tell him than to just let him find it.
If he insists you are breaking the law. Show him the statute and suggest he call his desk sergeant to get some help. This happened to me once while i was open carrying, but a prepared person with confidence can mentally disarm anyone.

If he tries to take your gun and send you on your way. First ask for his business card and a receipt (once you have his business card). They all usually have one. If not, make sure to write down his badge number, name, patrol car number, time and day of stop, and get that receipt!

"Timid men prefer the calm of despotism to the tempestuous sea of liberty."

Click Here To See The Candidates On The Record

Thanks for the info! Good stuff!

Do you know if I can I conceal carry without a CHL on someone else's private property with their consent? I know I can in my house and my car, but what about on someone else's property with their consent? If that's possible, there's our solution.

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

I don't honestly know

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;

I don't know if that constitutes private property by permission. Best thing to do is email your attorney general. They'll have an assistant AG reply to you with an answer. If they say yes, make damn sure you have written consent on you at all times.

"Timid men prefer the calm of despotism to the tempestuous sea of liberty."

Click Here To See The Candidates On The Record

Sound advice.

Rob, I agree with everyone's advice on this comment thread. My suggestion would be for you to take the CHL class. If you don't intend to or are unable to legally obtain a CHL you can still take the class and reap the benefits of the education.

If you are curious it is worth the price (the class I took was $70). There are other fees to the gov and fingerprinting which cost a total of $150 (on top of the $70 class) if you want to go through with getting the license. I suggest Central Texas Gun Works. The main guy is in Austin but they offer classes in San Antonio too.

By doing this you will learn everything in this thread and much much more.

Be careful about just reading the legal code. Some of it is difficult to understand without a Q&A session and you don't want to end up as a felon due to acting on ignorance.

Thanks for the comment!

Good idea on taking the class regardless of whether or not I intend on pursuing a CHL, which I can if I wanted.

I would never go off one person's interpretation, I would go straight to the source, CHL instructors, law enforcement, etc.,

I just like having these discussions, because it seems to show the silliness of our entire system, and I've been seriously contemplating whether or not to start carrying and if I did, if I should get a CHL.

If I didn't get a CHL, I would likely limit myself to legal unlicensed car carry and explicit, written permission on private property in special instances. In the car, I would only use it while in my car though as someone pointed out....being judged by 12 is better than being carried by 6.

Ultimately, in your heart, do you feel we should have to get a license to carry a firearm?

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

No

We should not need a license to carry. However, the education I received from the class has caused me believe that any responsible person should receive the same education.

The fact that we may not proves our lack of freedom.

Asking permission of the state is ridiculous.

Here in Wyoming,

you don't need a permit for concealed carry.Every citizen who isn't a felon can carry without any permission. And I am finding out that lots of purses here have a handgun in them. It really makes me feel safe in public places, knowing this, that ordinary citizens in any place in Wyoming would have a gun on them. I now want a light weight handgun to put in my purse.

I love this place.

In news of the past 3 months, there were 2 robberies thwarted by two different ladies, one by a hotel clerk, and the other, a customer at the nail salon. Not in the little town I live in, but in Casper (55,988)

Constitutional Carry Rocks! (I hope you support WYGO)

THE MORE I LEARN ABOUT GOVERNMENT
THE MORE I LOVE MY GUNS
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