Something to consider about getting a non resident carry license from another state.

[easy rider]

First of all, I am not advocating against getting an out of state license that has reciprocity with Texas. I Just want to bring to light something as far as federal law is concerned that may impact ones decision.

"Gun Free School Zones" Now this isn't talking about the school premises where it is illegal to carry (exception LEO and school marshal). It has to do with the 1000 ft. area around the premises. An exception to this federal law is that it is legal for an LTC/CHL holder of the state it is issued to carry in those areas. Therefore, even though you may be a resident of the state, but have a license issued by another state it would be a federal crime to carry in those areas.

So if you live near or are often in an area of a school that has those "zones" that may be something to consider.

If a posted thread is posted elsewhere with this information, I am sorry, I have seen posts suggesting out of state licenses and figured I should bring this up.

 

[locke_n_load]

Always recommend to get an in-state license when possible, for this reason, plus getting exposure to Texas specific laws.
MPA does not protect you from the GFZA either.

 

[Charlie]

First of all, I am not advocating against getting an out of state license that has reciprocity with Texas. I Just want to bring to light something as far as federal law is concerned that may impact ones decision.

"Gun Free School Zones" Now this isn't talking about the school premises where it is illegal to carry (exception LEO and school marshal). It has to do with the 1000 ft. area around the premises. An exception to this federal law is that it is legal for an LTC/CHL holder of the state it is issued to carry in those areas. Therefore, even though you may be a resident of the state, but have a license issued by another state it would be a federal crime to carry in those areas.

So if you live near or are often in an area of a school that has those "zones" that may be something to consider.

If a posted thread is posted elsewhere with this information, I am sorry, I have seen posts suggesting out of state licenses and figured I should bring this up.

I'm not sure I understand the federal law. Texas law, to the best of my knowledge, does not prohibit carry except inside the buildings. One can be carrying down the sidewalk in front of the school and be in violation of federal law but not of Texas law. If I understand it correctly. But Texas law allows one to carry outside the buildings. Ya'll correct me if I'm wrong.

 

[txinvestigator]

I'm not sure I understand the federal law. Texas law, to the best of my knowledge, does not prohibit carry except inside the buildings. One can be carrying down the sidewalk in front of the school and be in violation of federal law but not of Texas law. If I understand it correctly. But Texas law allows one to carry outside the buildings. Ya'll correct me if I'm wrong.

Without a Texas LTC one can be arrested by federal LE and imprisoned by the federal courts for the possession of a firearm within 1000 feet of a school

 

[Charlie]

Without a Texas LTC one can be arrested by federal LE and imprisoned by the federal courts for the possession of a firearm within 1000 feet of a school

Sorry, didn't make myself exactly clear. You're correct. I didn't mention LTC.

 

[Charlie]

But, ....................... I knew I'd be corrected!

 

[Mreed911]

"Gun Free School Zones" Now this isn't talking about the school premises where it is illegal to carry (exception LEO and school marshal). It has to do with the 1000 ft. area around the premises. An exception to this federal law is that it is legal for an LTC/CHL holder of the state it is issued to carry in those areas. Therefore, even though you may be a resident of the state, but have a license issued by another state it would be a federal crime to carry in those areas.

Without a Texas LTC one can be arrested by federal LE and imprisoned by the federal courts for the possession of a firearm within 1000 feet of a school

As asked every. single. time. this comes up, please provide one (1) citation where someone was charged with this and wasn't involved in some other crime at the same time.

Also, consider that true challenges to this law haven't come up (e.g. Vermont, which requires no license to carry anything and Arizona, which allows Open Carry without a license but requires a license to conceal) and it's likely it would be found overly broad in scope.

Finally, consider that recognizing another state's license would likely be equivalent to being licensed by the state, e.g. the person holding a license is granted a power by the state (regardless of where the license is from).

So, again, is there ANY case law to back up this chunk of sky that's continually reported as falling?

 

[Maverick44]

As asked every. single. time. this comes up, please provide one (1) citation where someone was charged with this and wasn't involved in some other crime at the same time.

Also, consider that true challenges to this law haven't come up (e.g. Vermont, which requires no license to carry anything and Arizona, which allows Open Carry without a license but requires a license to conceal) and it's likely it would be found overly broad in scope.

Finally, consider that recognizing another state's license would likely be equivalent to being licensed by the state, e.g. the person holding a license is granted a power by the state (regardless of where the license is from).

So, again, is there ANY case law to back up this chunk of sky that's continually reported as falling?

I believe Arizona doesn't require a license to conceal either, unless things have changed.

I agree with everything else though. It seems we're to the point of splitting hairs that have no business being split. Unless there are actually cases of people with an out of state being arrested for being in an area where in state licensees would not have been arrested, this is all just blowing smoke.

I am licensed by the State of Arizona. A Deputy I talked to in Oklahoma was licensed by the State of Florida. I have friends that are also licensed by other states than the one they live in. I believe it to be a common enough practice that if this was an actual issue, there would be cases that prove it to be an issue by now.

 

[Mreed911]

Not to mention there's no LEOSA exemption so retired cops everywhere would be getting busted left and right... or at least be exposed to criminal prosecution.

 

[Wiliamr]

I believe Arizona doesn't require a license to conceal either, unless things have changed.

(edited section out)

I am licensed by the State of Arizona. (rest edited out)

Maverick, color me confused. One one hand you say Arizona does not license concealed carry (which it does, I have such license) and then you say you are licensed by Arizona...??? Please clarify your statement

 

[Maverick44]

Maverick, color me confused. One one hand you say Arizona does not license concealed carry (which it does, I have such license) and then you say you are licensed by Arizona...??? Please clarify your statement

Arizona has Constitutional carry. You do not need a license to conceal or open carry a gun in Arizona. They still offer a permit though. I'm not sure what the official reason is, but I figure it's so that their citizens can carry in states that don't have Constitutional carry.

 

[txinvestigator]

As asked every. single. time. this comes up, please provide one (1) citation where someone was charged with this and wasn't involved in some other crime at the same time.

Also, consider that true challenges to this law haven't come up (e.g. Vermont, which requires no license to carry anything and Arizona, which allows Open Carry without a license but requires a license to conceal) and it's likely it would be found overly broad in scope.

Finally, consider that recognizing another state's license would likely be equivalent to being licensed by the state, e.g. the person holding a license is granted a power by the state (regardless of where the license is from).

So, again, is there ANY case law to back up this chunk of sky that's continually reported as falling?

Convictions for offenses are difficult to find. Cases are not listed in any index by offense type. For example, without a name to search, find one person charged in Dallas County of Tampering with a Witness (or any other offense). Unless it made the news, a google search won't find it. That does not mean no one has ever been charged with that. Search indices just don't work that way.

That said, notice I included that a federal LEO would have to make the arrest and the prosecution would be in federal courts. Your local or state LEO cannot arrest for federal offenses.

And to your question about case law; case law is created when a person appeals a conviction and the conviction is ruled on by an appellate court. That really is not relevant here....


I don't believe this is an issue people need to worry about. But the question, I believe, was to the facts of the law.

 

[Maverick44]

That said, notice I included that a federal LEO would have to make the arrest and the prosecution would be in federal courts. Your local or state LEO cannot arrest for federal offenses.

So your saying the chances of someone actually being arrested for that are basically zero seeing how federal LEOs don't normally hang around schools frisking people for guns.

 

[easy rider]

As asked every. single. time. this comes up, please provide one (1) citation where someone was charged with this and wasn't involved in some other crime at the same time.

Also, consider that true challenges to this law haven't come up (e.g. Vermont, which requires no license to carry anything and Arizona, which allows Open Carry without a license but requires a license to conceal) and it's likely it would be found overly broad in scope.

Finally, consider that recognizing another state's license would likely be equivalent to being licensed by the state, e.g. the person holding a license is granted a power by the state (regardless of where the license is from).

So, again, is there ANY case law to back up this chunk of sky that's continually reported as falling?

I only put that out as something to consider. I did not intend to say that this happens on a regular basis. But what if you lived within that 1000 ft. area? Are willing to give up your 2nd Amendment rights on a "it's never happened before" scenario? It's the law and if you break it you can be prosecuted for it. And finally, I did read the law on this, out of state licenses are NOT granted the same privileges in this case.

 

[Maverick44]

I only put that out as something to consider. I did not intend to say that this happens on a regular basis. But what if you lived within that 1000 ft. area? Are willing to give up your 2nd Amendment rights on a "it's never happened before" scenario? It's the law and if you break it you can be prosecuted for it. And finally, I did read the law on this, out of state licenses are NOT granted the same privileges in this case.

If you lived within 1000 feet of a school, you couldn't technically even take a gun home unless you had a Texas LTC. How much sense does that make?

I'll say it again, you guys are splitting hairs on something that doesn't happen.

 

[easy rider]

I'll say it again, you guys are splitting hairs on something that doesn't happen.

With people like Obama and Clinton wanting to take our guns away, I for one wouldn't want to give them ammunition. What doesn't happen one day, can always become common place the next.

 

[Maverick44]

With people like Obama and Clinton wanting to take our guns away, I for one wouldn't want to give them ammunition. What doesn't happen one day, can always become common place the next.

This is Texas, not some liberal hellhole, and that day is not today.

Sent from my XT1585 using Tapatalk

 

[easy rider]

This is Texas, not some liberal hellhole, and that day is not today.

Sent from my XT1585 using Tapatalk

Was that a quote from a Branch Davidian?

Relax, just kidding... LOL

 

[txinvestigator]

I only put that out as something to consider. I did not intend to say that this happens on a regular basis. But what if you lived within that 1000 ft. area? Are willing to give up your 2nd Amendment rights on a "it's never happened before" scenario? It's the law and if you break it you can be prosecuted for it. And finally, I did read the law on this, out of state licenses are NOT granted the same privileges in this case.

The federal law has an exception for residences.

 

[easy rider]

The federal law has an exception for residences.

True! Read it carefully though in concerns with carry.