Out of state Carry permits

[Lonesome Dove]

Thank you for that heads up. Leaving in a couple hours for TX, so not much time for statutory review but will take a look and meanwhile avoid reasonably apparent school zones.

While it's true I do something legal, I cannot say what exactly. But I will say, since everyone seems to assume based on my username that I do NFA trusts, that I detest handling NFA and prefer to avoid ATF wherever possible.

Morro Bay is all I need to know. Bye,Bai,by

 

[General Zod]

If you are carrying under a reciprocal LTC, so long as you don’t physically enter a school, nothing to worry about there.

That's good to know - I was under the impression a Texas LTC was required to shield you from possible issues. I shall adjust my "expert" advice to out of staters accordingly.

 

[guntrust]

Morro Bay is all I need to know. Bye,Bai,by

Google “high tech lynching in Morro Bay”

 

[leVieux]

Thank you for that heads up. Leaving in a couple hours for TX, so not much time for statutory review but will take a look and meanwhile avoid reasonably apparent school zones.

While it's true I do something legal, I cannot say what exactly. But I will say, since everyone seems to assume based on my username that I do NFA trusts, that I detest handling NFA and prefer to avoid ATF wherever possible.

<>

IANAL

But,

Over the many years, I’ve found that virtually all Southern Tier LEO’s are interesting in stopping crimes and helping insure Public Safety, not quibbling legal minutiae.

I carried handguns for decades b/f it was “legal” in Texas, never hid it from Police (as in trafic stops, etc.) and had zero problems.

That said, some large urban areas now have Soros DA’s, so who knows ?

Just behave, don’t get D-drunk, and stay safe.

leVieux
.

 

[Hoji]

Google “high tech lynching in Morro Bay”

Huh. Wow. Imagine that.

First hit when googling that is a data mining click bait website.

Shocked I tell you. Shocked.

Surely @guntrust you would not be leading folks to a website run by you that required personal information to be submitted before being able to watch a click bait titled video would you?

 

[toddnjoyce]

Google “high tech lynching in Morro Bay”

Why?

 

[ATCKirk]

If you are carrying under a reciprocal LTC, so long as you don’t physically enter a school, nothing to worry about there.

My understanding is you have to have a TX LTC, out of state doesn't work for within 1000ft of a school property. Here is a quote from that exception.

"(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located"

We need to have the school zone act overturned, with it constitutional carry is almost worthless. That's why I got my LTC, I couldn't go anywhere and stay 1000ft away from a school.

 

[ZX9RCAM]

My understanding is you have to have a TX LTC, out of state doesn't work for within 1000ft of a school property. Here is a quote from that exception.

"(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located"

We need to have the school zone act overturned, with it constitutional carry is almost worthless. That's why I got my LTC, I couldn't go anywhere and stay 1000ft away from a school.

Welcome to the Forum!

 

[Blasternank]

I know Utah requires you have the state of residence LTC to use theirs. We used to get them here in Texas vs Texas one as it was valid here and recognized in more states, but they changed it a long time ago so you do need a Texas one.

 

[toddnjoyce]

My understanding is you have to have a TX LTC, out of state doesn't work for within 1000ft of a school property. Here is a quote from that exception.

"(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located"

We need to have the school zone act overturned, with it constitutional carry is almost worthless. That's why I got my LTC, I couldn't go anywhere and stay 1000ft away from a school.

You may be correct, but the federal statute doesn’t address reciprocity, which is a state issue. In US v Lopez, SCOTUS said the 1000 foot restriction was unconstitutional.

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Like with many other issues, Heller muddied the waters by addressing sensitive places as being a reasonable infringement. Bruen narrowed the scope a sensitive places though, and if an LTC holder was charged for a GFSZA 1000 foot violation, the case law likely paces the way that school grounds are fine, but the 1000 feet around them is too burdensome.

Also our reciprocity agreements include the phrase “…The State of Texas shall give full faith and credit to a valid Concealed Handgun Permit issued by the State of XXX…”” among other things. Can’t really give full faith and credit for something, then refer someone to federal jurisdiction on a charge.

State Reciprocity Information | Department of Public Safety

www.dps.texas.gov

 

[ScottDLS]

I got my Texas LTC two years ago and it does have benefits. The biggie is not having to do a background check when buying a gun, just show the license and off you go after filling out a paper. Despite having a license there are businesses that can refuse you entry unless your a LEO, even your friend or relative's place. I have seen this sign displayed very clearly at places I visit , requiring a LTC to enter if armed.

View attachment 388436

That sign is incorrect and no longer required to be posted per current law. A lot of stores just left them up, because they used to be required by TABC. Now they are legally meaningless.

 

[ScottDLS]

Not only is NY a big no, if you carry per FOPA and have gun stored/locked/unloaded etc, and are in possession of a magazine that holds more than 7 rounds, felony charge. FOPA would not apply

It's ten rounds. The New York Courts invalided the 7 round rule and set it to 10. Because in NY the courts gen do just whatever they feel like.

 

[ScottDLS]

A CARRY PERMIT DOES NOT PROVE YO'RE NOT A CRIMINAL ONLY THAT YOU CLEARED A BACKGROUND CHECK WHEN THE PERMIT WAS ISSUED!

A badge and Peace Officer commission doesn't prove you're not a criminal, just that you went to the police academy.

 

[jimirwin2023]

Texas does not require any license to carry.

Only partially true. You don't need LTC while carrying inside Texas, where you have Constitutional right to carry inside Texas.

 

[ZX9RCAM]

Only partially true. You don't need LTC while carrying inside Texas, where you have Constitutional right to carry inside Texas.

Just like having an LTC doesn't allow you to legally carry anywhere you want in Texas.

 

[toddnjoyce]

You may be correct, but the federal statute doesn’t address reciprocity, which is a state issue. In US v Lopez, SCOTUS said the 1000 foot restriction was unconstitutional.

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…

I’m going to go back to this. It appears Congress amended 18 USC 922(q) to specifically address Lopez

(q)(1) The Congress finds and declares that-
(1)…
(I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation's schools by enactment of this subsection.

(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

There have been no further challenges I can find since Lopez although I can see several ways to challenge it, especially if you’re not familiar with the area.

 

[ScottDLS]

Unless the ATF is cruising around in squadcars through school zones in looking for people with no carry permits or out of state permits, I view this as one of those worrying about asteroid events. That is because state and local law enforcement don't typically look for federal violations, particularly when those are not violations of state law. While the updated version of the law was passed after Lopez, I don't spend much time worrying about this as I travel, though I like to collect out of state carry permits where I can. In the extremely unlikely event that I find myself charged with this, I think there are some clear avenues for a defense attorney to attack this, particularly since Heller.

 

[rotor]

Wasn’t there something recent that said a map of the school area was required?

 

[DougC]

As many have said go get yourself a Texas LTC for several benefits like recognition by other states. From the Texas Dept of Public Safety is this list of which states will recognize a TX license to carry and allow you to carry. BTW: elsewhere on this forum is discussion about states the will allow non-residents to get their CHL/LTC.

 

[alanwk]

You may be correct, but the federal statute doesn’t address reciprocity, which is a state issue. In US v Lopez, SCOTUS said the 1000 foot restriction was unconstitutional.

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Like with many other issues, Heller muddied the waters by addressing sensitive places as being a reasonable infringement. Bruen narrowed the scope a sensitive places though, and if an LTC holder was charged for a GFSZA 1000 foot violation, the case law likely paces the way that school grounds are fine, but the 1000 feet around them is too burdensome.

Also our reciprocity agreements include the phrase “…The State of Texas shall give full faith and credit to a valid Concealed Handgun Permit issued by the State of XXX…”” among other things. Can’t really give full faith and credit for something, then refer someone to federal jurisdiction on a charge.

State Reciprocity Information | Department of Public Safety

www.dps.texas.gov

Effective September 7, 1999, Texas Colonel Dudley M. Thomas, Director of the Department of Public Safety, and Arizona's Joe Albo, Director of the Department of Public Safety, proclaimed persons with a valid license to carry a handgun may carry in Texas and Arizona.

Effective August 30, 2004, Texas Governor Rick Perry and Commissioner Robert L. Flowers of the Utah Department of Public Safety proclaimed persons with a valid license to carry a handgun may carry in Texas and Utah.