A CHL question

[Robbie T]

Hi all, just registered to get an answer to an issue/predicament I have.

My wife and I have a family who wants to stay with us for a few months until their new house is built.

The husband of the wife has a CHL.

My wife, out of the blue, had a thought the other night and wondered whether the gentleman in question 'carries' and we found out he did.

Now, I am not an advocate of guns, just want to get that out of the way, I don't have problems with sensible and accountable people having them, but personally, not a fan.

Main reason is, in this situation, we have a 3 year old son.

My concern was whether the husband was ever going to declare that he had a CHL and indeed 'carries.'

He has since stated that no ammo will be on our premises, which, honestly, I'm still not comfortable with, but I am curious as to whether he should have declared in the first place and what your thoughts are on this topic. He is after all on somebody's else's premises.

If I had a CHL and I was going to stay with another family it would be the first thing I'd mention to make sure everybody was comfortable with that.

Do you think that he was just thinking that we'd be OK with it without mentioning the fact and maybe that having a CHL is just a 'way of life'?

Curious and appreciate your time.

Rob

 

[Koinonia]

Do you mention to people when you're staying with them, that you are carrying your wallet or a knife?
Not a good comparison, but it is a way of life. Unless you tell him upfront that he can't, he doesn't need to tell you. Assuming he carries, the gun would never be left unattended, so it isn't an issue of safety. If it's with/on him, your kid can't get it and play with it.

 

[AaronP220]

Welcome to the forum.

As a person who carried often I would go to peoples houses and places all the time without declaring I had a gun on me. If I did my job right they never knew anyway. Just like you didn't know until you asked. But, staying at someone's house is different I guess. There's a good chance he just naturally assumed Texan = gun friendly guy. Kids or not. Many families have infants that grow up around firearms. Responsible gun owners ensure those infants have no way of accessing them.

Anyway, If I was staying with you I probably would have let you know I carry a gun and have guns and if you had a problem with it I would have likely stayed somewhere else.

Oh. The unfortunate aspect of you being not gun friendly, coming to a board asking a question like that to gun people that for the most part live every day with guns, probably isn't going to blow over all that well with some.

 

[Acera]

Sorry, but I don't think you will be getting the answer you are really looking for on here. I know it would be cool to show the gun guy where a gun forum supports your position and not his, but I think most responses will be like the two above and maybe not to your liking.

 

[Robbie T]

Thank you. I would like to refer to the following Texas CHL law (pertinent info in bold) for those who have a CHL and please let me know your thoughts:

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;

 

[AaronP220]

Thank you. I would like to refer to the following Texas CHL law (pertinent info in bold) for those who have a CHL and please let me know your thoughts:

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;

That's general weapons carrying. Not CHL laws.

Go read here, http://www.txdps.state.tx.us/internetforms/forms/chl-16.pdf, and come back.

 

[AaronP220]

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a govern-mental entity.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) “Amusement park” means a permanent indoor or outdoor
facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(2) “License holder” means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(3) “Premises” means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.

 

[Robbie T]

Thanks! Great info there. Regarding the last, just being honest and again, reiterate, I have no issue with people having guns, it's just my personal preference to not have one as it is for those who have guns. The family in question I do not know (my wife only knows his wife) so just making sure all the t's are crossed and the i's dotted and my family protected. Thanks again.

 

[Robbie T]

I am just after an response to a question. I have NO issue whatsover with people having them. Thanks!

 

[Robbie T]

Thank you Aaron.

 

[AaronP220]

To be honest I'm not sure what the law is on whether you can actually tell him he can't carry in your home.

 

[AaronP220]

Here we go. You want to legally tell him he can't carry in your home...follow this...

Private property owners may exclude license holders from carrying concealed handguns on their property by providing notice as provided in Section 30.06, Texas Penal Code. If you wish to prohibit license holders from carrying concealed handguns on your property, §30.06, Texas Penal Code requires you to post specific signage. The sign must be in both English and Spanish, must include the specific language described by law, must appear in contrasting colors with block letters at least one inch in height and be displayed in a conspicuous manner clearly visible to the public.
The Department does not furnish or sell these signs. You may print or purchase the signs from your local printing company. See §30.06, Texas Penal Code for the exact required language.

 

[Robbie T]

Thanks again Aaron. Your assistance is greatly appreciated. My family is my #1 priority so making sure everything was good to go.

 

[txinvestigator]

Robbie, it is unreasonable to expect that he would have told you. Now that you know, it is not unreasonable to ask him to keep his handgun locked in a quick access safe when he is in your home and not carrying. The expense should be his. Your house, your rules. The safe protects your toddler, and allows him access should a criminal decide to attack your home while he is there.

 

[txinvestigator]

Here we go. You want to legally tell him he can't carry in your home...follow this...

Private property owners may exclude license holders from carrying concealed handguns on their property by providing notice as provided in Section 30.06, Texas Penal Code. If you wish to prohibit license holders from carrying concealed handguns on your property, §30.06, Texas Penal Code requires you to post specific signage. The sign must be in both English and Spanish, must include the specific language described by law, must appear in contrasting colors with block letters at least one inch in height and be displayed in a conspicuous manner clearly visible to the public.
The Department does not furnish or sell these signs. You may print or purchase the signs from your local printing company. See §30.06, Texas Penal Code for the exact required language.

AAron, while the man is living there, it is his premises as well. Same as an apartment tenent. 30.06 is non applicable in that situation. The OPs option, if the man refuses to not have the gun in the home, is to not allow him to live there.

Also, as a point of fact, signs do NOT have to be posted to put 30.06 in effect when it applies.

 

[AaronP220]

Robbie, it is unreasonable to expect that he would have told you. Now that you know, it is not unreasonable to ask him to keep his handgun locked in a quick access safe when he is in your home and not carrying. The expense should be his. Your house, your rules. The safe protects your toddler, and allows him access should a criminal decide to attack your home while he is there.

Is really the bottom line. If he's not comfortable with having firearms in his home and around his wife and children then that's his standing as the homeowner. It sounds to me as he doesn't want firearms in the house at all. Personally, I don't understand the thinking as I grew up around guns but I know what it means to respect peoples property and beliefs.

So if you don't want firearms in your house Robbie T, that's your right as an American. Make your wishes known, even if it's uncomfortable. Obviously this other family is going through an issue that has them out of house and home for the moment. The CHL holder may not agree with your decision but as a guest in your house he should respect them.

 

[AaronP220]

AAron, while the man is living there, it is his premises as well. Same as an apartment tenent. 30.06 is non applicable in that situation. The OPs option, if the man refuses to not have the gun in the home, is to not allow him to live there.

Also, as a point of fact, signs do NOT have to be posted to put 30.06 in effect when it applies.

I didn't know if it applied to private residences or not. I've actually never paid it any mind.

 

[Charlie]

Welcome to the forum, Robbie!

 

[Robbie T]

Thanks for all help in this matter gents. Appreciate your time.

 

[SarahBell]

Just wondering have you asked him to not bring the gun in your home if you are that uncomfortable with it?