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Non CHL carry on private property

Discussion in 'Texas Concealed Handgun (CHL)' started by texasmidlandguffrey, Jan 27, 2013.

  1. texasmidlandguffrey

    texasmidlandguffrey New Member

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    Jan 27, 2013
    I am tasked with coordinating safety and potential security concerns for my local rural church, which includes a Wednesday evening school for children ages birth through 18.
    I am aware of my rights and responsibilities as a CHL holder in Texas as it pertains to my role at church gatherings. But I need some clarification on a firearm issue that does not seem to be specified in the TX penal code, for non-CHL holders. I have been unable to settle this question through local law enforcement officers. There seems to be some confusion.
    It is my understanding that a private property owner may give permission to a guest to carry a handgun, shotgun and /or long gun while said guest is on that private property. It is also my understanding that the expanded definition of “property owner” can include a lessee or sole proprietor.

    So my question is;

    May the Pastor or Elders/Leaders (proprietor) of a church (private property) give permission to a parishioner (guest) to carry a firearm on said person while on church property? This is assuming that said parishioner has no CHL.
     


  2. Charlie

    Charlie TGT Addict TGT Supporter

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    Welcome to the forum! I would say it would be possibly OK but ................ I'm not an attorney. There are several thread on here dealing with similar issues (one that comes to mind is a "security" person employed at a bar/restaurant, etc. having been given permission by the owner). My recommendation is to contact an attorney 'cause sometimes things on the internet are not quite correct (believe it or not!).
     
  3. texasmidlandguffrey

    texasmidlandguffrey New Member

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    Jan 27, 2013
    Thanks Charlie but I believe "employed security" makes it a whole different legal ballgame.
     
  4. Charlie

    Charlie TGT Addict TGT Supporter

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    I'm not sure about that. If you own, manage, etc. a business or a facility, etc. I think you can call the shots there about who can carry and who can't, but ............. again ............... I'm not an attorney.
     
  5. London

    London The advocate's Devil. TGT Supporter

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    If I recall correctly you are allowed to carry on your own property or property "Under your control.". "Control" is pretty vague, but I'd guess if you have a key to the building you should be safe.

    To be practical, the risk of you being arrested for this is nearly zero.
     
  6. txinvestigator

    txinvestigator TGT Addict

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    Texas penal code 46.02 , makes it unlawful to carry a handgun unless you are on your own premises or premises under your control, or your motor vehicle or watercraft you own or in under your control. 46.15 (b) makes other exceptions. None of those exceptions are "with the owners permission". If the guest is in control of the property, then he can carry.otherwise, no. Any guest doing so with without said control risks arrests.

    Also, be careful providing security. The Texas Occupations Code, chapter 1702, regulates security. If church members are being tasked with security and carrying guns they fall under the code and must be commissioned security guards.
     

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