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  • Bozz10mm

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    Looks like we have HB 153 about to come up for consideration, which will help nail down that definition of "intoxicated" as it relates to CHL.
    HB 153 - Texas 83rd Legislature (2013) - Open States

    The bill states adds a section to the definitions section of 46.01 to legally define intoxication (using 49.01 aka "point oh eight") for the whole of chapter 46, rather than leaving it open to interpretation.

    If it passes, it will become law on 9/1/13.

    Did it pass and become law?
     

    Red Cloud

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    Dec 4, 2009
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    This may be a naive question. Are the "green" Reciprocity states those that allow Texas CHL holders to carry? What is the difference between "yellow" Honors TX Permit states and the Reciprocity states?
    Thanks.
     

    cycleguy2300

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    No. According to the criminal defense attorneys at Texas Law Shield in an instructornclass I took, as well as the DPS CHL instructor training class I just attended, thendefimition in chapter 49 of the penal code has been used in all cases they are familiar with.
    Thats for the best IMO. It leaves it to the officer to decide if there is a problem rather than being forced to act due an arbitrary number. If you are calm, cooperative and not a danger i.e. not being an armed, drunk a-hole (per PC49 this is called PI) then it should be dealt with on a case by case as the situation dictates.

    Rather than sticking a number on UCW by license holder-intox, they should edit PC49.02 to "if in possession of a firearm at the time of arrest, the charge is one level higher"

    Sent from my SM-G900T using Tapatalk
     

    MikePotts

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    At this afternoon's Kerrvert's Brains Trust meeting, a point arose:

    When carrying CONCEALED, is a "Clipdraw" or "Barami" or pocket holster for that matter sufficient to satisfy legal requirements? OR is a belt or shoulder holster needed as when OPEN carrying?
     

    ZX9RCAM

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    At this afternoon's Kerrvert's Brains Trust meeting, a point arose:

    When carrying CONCEALED, is a "Clipdraw" or "Barami" or pocket holster for that matter sufficient to satisfy legal requirements? OR is a belt or shoulder holster needed as when OPEN carrying?

    Perfectly fine.
     

    Charlie

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    At this afternoon's Kerrvert's Brains Trust meeting, a point arose:

    When carrying CONCEALED, is a "Clipdraw" or "Barami" or pocket holster for that matter sufficient to satisfy legal requirements? OR is a belt or shoulder holster needed as when OPEN carrying?

    As a longtime member of the Kerrvert Brain Trust, I was in that discussion yesterday afternoon. I had been told by a friend who recently got his concealed carry license that the instructor had indicated that a holster is required for concealed carry now. I asked if they quoted any statute, etc. and he said no but the instructors continued to indicate it was law. I'll see him again today and we'll continue this discussion.
     

    Frank59

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    As a longtime member of the Kerrvert Brain Trust, I was in that discussion yesterday afternoon. I had been told by a friend who recently got his concealed carry license that the instructor had indicated that a holster is required for concealed carry now. I asked if they quoted any statute, etc. and he said no but the instructors continued to indicate it was law. I'll see him again today and we'll continue this discussion.
    I took the LTC class in March of last year. The instructor was specific that to legally open or conceal carry that the weapon had to be holstered and clipped to a belt. A shoulder rig was ok as well. I remember seeing this in writing during the class but I don't recall in what context aka a legal document or just classroom material supplied by the instructor.
     

    Charlie

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    I took the LTC class in March of last year. The instructor was specific that to legally open or conceal carry that the weapon had to be holstered and clipped to a belt. A shoulder rig was ok as well. I remember seeing this in writing during the class but I don't recall in what context aka a legal document or just classroom material supplied by the instructor.
    Thanks for the response. That's essentially what my friend said. I'm going to ask him today to show me the statute. He may be correct, or not. I'd just like to know what the actual law is concerning how one carries concealed.
     

    Charlie

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    I received my permit to carry in Feb. of the first year we could get it (1995?). Because everything was new and instructor training was also new ...... several things were taught that weren't necessarily true and accurate.
    ETA: When we (I) get in these "the law!" discussions, I just ask for the statute.
    Edited to add correct year above.
    Renegade, that was too many years ago for me to be close to trying to remember the things I thought were incorrect (by the instructors). I did a little research shortly after that and found some "inaccuracies" in the comments from the instructor(s) I had.They weren't serious but they weren't accurate.
     
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    Renegade

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    I had been told by a friend who recently got his concealed carry license that the instructor had indicated that a holster is required for concealed carry now.

    Factually incorrect, and I would consider anything else they have to say suspect.
    This would mean all those women carrying guns in their CHL purses are illegally carrying. Anyone who carries in backpack pocket, briefcase or pocket carry is illegally carrying.
     
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    Renegade

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    I received my permit to carry in Feb. of the first year we could get it (1994?). Because everything was new and instructor training was also new ...... several things were taught that weren't necessarily true and accurate.

    I was in the very first Instructor Training Class after the law was passed (1995). Would be curious what you were told that you think was not true and accurate.
     

    Renegade

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    I took the LTC class in March of last year. The instructor was specific that to legally open or conceal carry that the weapon had to be holstered and clipped to a belt.

    Again, incorrect. The holster requirement (belt or shoulder) only pertains to open carry.

    This would mean all those women carrying guns in their purses are illegally carrying. Anyone who carries in backpack, briefcase or pocket carry is illegally carrying.
     
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    wakal

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    The holster requirements apply to OPEN carry, not CONCEALED carry. So, stuffing a gat in your shorts is fine as long as your wifebeater covers it, but if you are not wearing a shirt then your pistol must be in a holster.


    46.15
    (6) is carrying: (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
    (B) a handgun: (i) in a concealed manner; or (ii) in a shoulder or belt holster;
     

    Hoji

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    I took the LTC class in March of last year. The instructor was specific that to legally open or conceal carry that the weapon had to be holstered and clipped to a belt. A shoulder rig was ok as well. I remember seeing this in writing during the class but I don't recall in what context aka a legal document or just classroom material supplied by the instructor.
    This is what we call a steaming pile of horseshit.

    Your instructor was a halfwit if they actually spouted this nonsense.
     

    Frank59

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    This is what we call a steaming pile of horseshit.

    Your instructor was a halfwit if they actually spouted this nonsense.
    I think the instructor was referring to open carry only. I was the one who was mistaken about what he was actually referring to. My bad! I always wear a holster fastened to my belt regardless if I'm carrying concealed or open so I never really gave it much thought. This has been a good thread to sift through.
     
    Every Day Man
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