Help needed on TX gun law

[oldman45]

As I understand, a Texas resident, with a current concealed weapons permit, can purchase a firearm, fill out the Federal form and walk out with his newly acquired firearm.

If this is correct, that is one of the best gun laws I have ever heard. It should be that way in every state.

What I need is the statute of TX law that allows doing the above. I intend to get the law introduced in Louisiana as well but want to see how your legislature worded the law.

Please help me find the Revised Statute.

 

[Rogue]

It's not a state law, that's the federal law.
18 U.S.C. 922(t), 27 CFR 478.102(d)
"A person holding a state-issued permit allowing the person to acquire or possess firearms (e.g., a concealed weapons permit) is not required to undergo a background check if the permit was issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation to verify that possession of a firearm would not be unlawful."

I've also found that in some states that concealed permits aren't being issued by state law enforcement (i.e. Florida) and therefore NICS has to be performed for each firearm purchase.

I'm sure some of the more educated members will give a better answer here shortly...

 

[txinvestigator]

Rouge is correct. Texas has no specific laws requiring any background checks for the purchase or sale of firearms. You can find the laws regarding transfer to prohibited persons at penal code 46.06

A state could have it's own law requiring a federal background check, I suppose.

 

[gcarrillo004]

even w/o a CHL it takes less than 15 minutes to buy a gun...bought one at a gun show 20 minutes, one at tomball pawn and gun 15 minutes and an AR15 from a builder in League City and that one only took 10 minutes.

 

[Renegade]

As I understand, a Texas resident, with a current concealed weapons permit, can purchase a firearm, fill out the Federal form and walk out with his newly acquired firearm.

If this is correct, that is one of the best gun laws I have ever heard. It should be that way in every state.

No that law sucks. It was much better when the law allowed you to walk out with a gun without a permit.

But to your point, Rogue is correct. You want your License to be "Brady Compatible". We intentionally designed TX/CHL to bypass the Brady check.

 

[txinvestigator]

even w/o a CHL it takes less than 15 minutes to buy a gun...bought one at a gun show 20 minutes, one at tomball pawn and gun 15 minutes and an AR15 from a builder in League City and that one only took 10 minutes.

It CAN take less than 15 minutes. I have seen times when NICS would not accept calls due to overloaded phone circuits, and FFLs being placed on hold for HOURS.

 

[Texanjoker]

That is the reason I keep my CHL going. The feds say a chl holder that gets background checked/qualifies once every 5 years can do that, but a full time LEO that qualifies each year and has a constant background cannot. Gotta love it!

 

[Renegade]

That is the reason I keep my CHL going. The feds say a chl holder that gets background checked/qualifies once every 5 years can do that, but a full time LEO that qualifies each year and has a constant background cannot. Gotta love it!

The reason LEOs do not qualify is they are not background checked by law every 5 years. Different Depts have different rules.

 

[40Arpent]

As I understand, a Texas resident, with a current concealed weapons permit, can purchase a firearm, fill out the Federal form and walk out with his newly acquired firearm.

If this is correct, that is one of the best gun laws I have ever heard. It should be that way in every state.

What I need is the statute of TX law that allows doing the above. I intend to get the law introduced in Louisiana as well but want to see how your legislature worded the law.

Please help me find the Revised Statute.

Please explain how things differ in Lousiana.

 

[txinvestigator]

That is the reason I keep my CHL going. The feds say a chl holder that gets background checked/qualifies once every 5 years can do that, but a full time LEO that qualifies each year and has a constant background cannot. Gotta love it!

What is a "constant background check"?

 

[TXARGUY]

Why in the world would you be advocating for yet another gun law in Texas? Especially when you don't even live here.

 

[RstyShcklfrd]

Why in the world would you be advocating for yet another gun law in Texas? Especially when you don't even live here.

I think that you may have misread his post(s).

 

[TXARGUY]

I think that you may have misread his post(s).

By "misread" do you mean "read"? All I saw was Texas, gun law, doesn't live here.

So I shot from the hip.

 

[RstyShcklfrd]

By "misread" do you mean "read"? All I saw was Texas, gun law, doesn't live here.

So I shot from the hip.

Well you missed. lol

 

[Younggun]

And missed

Dammit rusty!

 

[TXARGUY]

Can't win every time.

I think we are all better off knowing I'm a dumbass.

 

[Texanjoker]

What is a "constant background check"?

You know as well as I do the minute a LEO is arrested their dept will deal with it, TCLEOSE will deal with it, and they will most likely loose their police license meaning they won't have an ID to by pass a background check.

 

[txinvestigator]

You know as well as I do the minute a LEO is arrested their dept will deal with it, TCLEOSE will deal with it, and they will most likely loose their police license meaning they won't have an ID to by pass a background check.

You assume a lot of things there. A cop is arrested across the state from where he works and never let's on he is a cop. He bonds out and goes back to work. How is his agency, TCLEOSE or anybody else going to know?

Tell me again what I know.

 

[Texanjoker]

You assume a lot of things there. A cop is arrested across the state from where he works and never let's on he is a cop. He bonds out and goes back to work. How is his agency, TCLEOSE or anybody else going to know?

Tell me again what I know.

I should have worded it better. Same thing would apply to the CHL being arrested in another state. I don't know about TX, but in another state I worked is that you are flagged in the computer. They run you they know. The point of my entire post is that is is ironic that a CHL can get a background waived but an active duty LEO cannot. The LEO has a higher standard to maintain. One of those things that don't make sense.

 

[TexasRedneck]

I should have worded it better. Same thing would apply to the CHL being arrested in another state. I don't know about TX, but in another state I worked is that you are flagged in the computer. They run you they know. The point of my entire post is that is is ironic that a CHL can get a background waived but an active duty LEO cannot. The LEO has a higher standard to maintain. One of those things that don't make sense.

Actually, not....I know of a case where a LEO was involved in a DUI. He's still working, because he's "only accused, not convicted"....