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Re: Is a CHL really required?
[Re: Kevin1]
#5983403
10/19/15 03:28 AM
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Joined: Sep 2015
Posts: 735
bull279
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Joined: Sep 2015
Posts: 735 |
The article discusses the traveling rule. The way the law used to read in Texas was that you could have a concealed firearm with you if you had over $200 cash, traveling over 2 or 3 counties with the intent to stay the night (and there was a third option, that escapes me at the moment). The change in the law (this happened 2 legislative sessions ago changed the law to just simply state "while traveling". Therefore you can have a concealed firearm in your vehicle while you are driving around. there is no more 2 or 3 county rule anymore.
This is ONLY for having a gun in your car, this does NOT include on you person. A CHL is needed to carry a concealed firearm on your self.
Aut viam inveniam aut faciam
U.S. Army Military Police (ABN) 1998-2003
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Re: Is a CHL really required?
[Re: Kevin1]
#5983416
10/19/15 03:50 AM
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Joined: Apr 2011
Posts: 991
Kevin1
OP
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It also says "if you're caught carrying a concealed pistol on the street and don't have a permit, tell the cop you're walking between your car and your home, either getting ready to travel somewhere or coming home. The burden now falls on the police officer to prove you are not really "traveling," which Dallas District Attorney Craig Watkins says is virtually impossible."
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Re: Is a CHL really required?
[Re: Kevin1]
#5983568
10/19/15 12:45 PM
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Joined: Feb 2008
Posts: 14,143
glens
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"Is a CHL really required?"
Not unless you get caught! I wouldn't count on officer just saying, "carry on"!
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Re: Is a CHL really required?
[Re: Kevin1]
#5983837
10/19/15 03:51 PM
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Joined: Nov 2010
Posts: 27,091
Nogalus Prairie
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Lots of misconceptions about the old "traveling" rule. Long story short, there never was a set definition of "traveling". Only a few cases where the courts struggled with defining it in a particular situation before them.
The new law was poorly written and provides an affirmative defense to unlawful carry if one meets the "traveling" definition in the statute. In reality, it creates a presumption of "traveling" unless one falls through the trap doors set forth in the statute.
This presumption can be disproven if one a) one is questioned b)chooses to answer the questions and c)answers wrong. So, in theory, zealous officers/prosecutors could attempt to get around the presumption. Some did at first but ,in actual practice, this rarely happens anymore and even those without a CHL can now keep a handgun in their vehicle without fear of prosecution. (Carrying without a CHL is still very risky).
If I were carrying in my vehicle without a CHL, I would simply stand on the presumption created by the statute and not answer questions that might take me outside of the presumption.
(It would have been much easier to have written the law something to the effect that all non-felon, non-violent past, and mentally competent citizens may now carry in their vehicle.)
I learned long ago you can't reason someone out of something they don't reason themselves into.
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Re: Is a CHL really required?
[Re: Kevin1]
#5985179
10/20/15 11:42 AM
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Joined: Sep 2009
Posts: 114
davidls430
Woodsman
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Woodsman
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Re: Is a CHL really required?
[Re: Kevin1]
#5987383
10/21/15 04:42 PM
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Joined: Sep 2014
Posts: 9
11bravo
Green Horn
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Green Horn
Joined: Sep 2014
Posts: 9 |
I was on the fence about it until I sided with the law. I get the whole "the Constitution is my permit" thing..."better to be judged by 12 than carried by 6" etc...
CHL has gotten me out of a couple of tickets actually. The trooper knows you've passed state and federal background checks and are less likely to be a threat...but,its another way to tax the public. For example, Drivers license= transportation tax registration/inspection stickers= transportation tax Fishing/hunting license= recreation tax
It is worthless, it is worthless! says the buyer; but when he goes his way, then he boasts [about his bargain]. Proverbs 20:14
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Re: Is a CHL really required?
[Re: Kevin1]
#5987609
10/21/15 06:56 PM
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Joined: Feb 2013
Posts: 4,695
krmitchell
Extreme Tracker
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I don't agree with it "doing away" with the law, although it uses common sense to apply it now. It was pretty ridiculous that I couldn't legally buy a hand gun at a store and drive home with it since I wasn't "traveling".
Last edited by rexmitchell; 10/21/15 06:56 PM.
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Re: Is a CHL really required?
[Re: krmitchell]
#5988165
10/22/15 01:07 AM
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Joined: Nov 2010
Posts: 27,091
Nogalus Prairie
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I don't agree with it "doing away" with the law, although it uses common sense to apply it now. It was pretty ridiculous that I couldn't legally buy a hand gun at a store and drive home with it since I wasn't "traveling". The law has an exception for that and going to the range, repair shop, etc.
I learned long ago you can't reason someone out of something they don't reason themselves into.
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Re: Is a CHL really required?
[Re: Nogalus Prairie]
#5988270
10/22/15 02:04 AM
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Joined: Feb 2013
Posts: 4,695
krmitchell
Extreme Tracker
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I don't agree with it "doing away" with the law, although it uses common sense to apply it now. It was pretty ridiculous that I couldn't legally buy a hand gun at a store and drive home with it since I wasn't "traveling". The law has an exception for that and going to the range, repair shop, etc. The old law did? I was under the impression it didn't. IIRC Harris county DA's were charging people anytime they found them with a handgun because there wasn't an exception built in.
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Re: Is a CHL really required?
[Re: Kevin1]
#5988518
10/22/15 10:48 AM
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Joined: Nov 2010
Posts: 27,091
Nogalus Prairie
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A person engaged in a "hunting, fishing, or other lawful sporting activity" who is traveling to or is in the area where such activities are conducted may have the weapon used in such activity in their vehicle. This includes going to/from the range and the initial purchase of the weapon. It is still the law. Maybe someone who is more computer savvy than me can post a link.
I learned long ago you can't reason someone out of something they don't reason themselves into.
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Re: Is a CHL really required?
[Re: Kevin1]
#6055066
11/28/15 11:59 PM
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Joined: Mar 2012
Posts: 2
Justa Dinosaur
Green Horn
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Green Horn
Joined: Mar 2012
Posts: 2 |
I'm 53 years old and have always carried in my vehicle with no police issues. If your carrying concealed and are a lawful citizen you shouldn't worry. There wouldn't be an issue if these dang lawyers didn't get involved.
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Re: Is a CHL really required?
[Re: Justa Dinosaur]
#6055092
11/29/15 12:19 AM
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Joined: Mar 2009
Posts: 447
RangerRick
Bird Dog
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Bird Dog
Joined: Mar 2009
Posts: 447 |
I'm 53 years old and have always carried in my vehicle with no police issues. If your carrying concealed and are a lawful citizen you shouldn't worry. There wouldn't be an issue if these dang lawyers didn't get involved. Agreed, I'm near 53 myself have had CHL for 16 years,I stopped worrying about,what "People" think! And someone else mentioned tickets earlier, I've never been told that I got out of a ticket,but since then If I recall , I'm 3-1 on ticket passes ,(3 slow downs Mr .."Ranger" and one sign here Sir!),since! I never got a pass before! A CHL, or even the glove box carry, make you think more , much more aware of environment and at times can be a PIA!!! But I think it was Col Jeff Cooper that said ,"guns should be comforting not comfortable"... I agree!
The way things should be are not often the way things are.....
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Re: Is a CHL really required?
[Re: Kevin1]
#6067658
12/05/15 04:39 AM
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Joined: Dec 2011
Posts: 14,277
Ramsey
Pepe' Le Pew
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Pepe' Le Pew
Joined: Dec 2011
Posts: 14,277 |
A CHL is needed as you should carry all the time.
Big Beckett!!
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Re: Is a CHL really required?
[Re: Kevin1]
#6067992
12/05/15 03:37 PM
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Joined: Mar 2009
Posts: 7,825
poisonivie
THF Trophy Hunter
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Look at San Bernardino. I need to be more faithful in carrying every day. Laziness and comfort(or lack of) has me lackadaisical.
Pee on Photobucket
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Re: Is a CHL really required?
[Re: Ramsey]
#6069548
12/06/15 08:34 PM
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Joined: Dec 2009
Posts: 13,015
bucksnbass357
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A CHL is needed as you should carry all the time. Yes sir.
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