Will I have problems lending my gun to my father in law?

[Ibmthinkpad99]

Hello, I have been trying to figure out if I can do this or not. I have been looking at the Texas laws and cant get a straight answer and find it confusing at times. I even asked a police officer at the time and he was clueless. About a week ago, my father in law store was robbed at gun point. The robbers got away and we thank god no one was hurt. I had suggested to my father in law if he would like to keep my HD pistol for future safety. Currently, my father in law and I don't have CHL as I keep my gun for HD only. What kind of problems will I see if I lent him my HD pistol for his business?

 

[codygjohnson]

No problem at all. You are free to lend your firearms to anyone, as long as they are legally able to possess a firearm. He can carry it concealed at his business as it’s private property. He can even wear it on his hip if he wants. Just tell him to make sure he doesn’t conceal it or wear it in a holster when he leaves the store. At that point, he would need a CHL to conceal it, and Texas prohibits open carry.

 

[RetArmySgt]

He can conceal it for the walk to the car but no further. Texas penal code allows for the concealment of a firearm from home or business to your vehicle and vice versa.

 

[Texas42]

What kind of problems? Getting time enough for both of you to practice. : )

Some of that good, in-law fun.

 

[txinvestigator]

AS stated;

Texas does not regulate the loaning (temporary transfer) of a firearm to a person except for to prohibited persons. Prohibited person are those who are drunk, under a protective order, children under 18 (without proper permission)

As far as carry in the store. Texas law specifically states it is not an offense to carry on or about your person on your own premises or premises under your control. It does not address the method of carry; concealed or open.

Texas also does not specifically prohibit open carry except for those carrying under a CHL or while operating as a PPO in plain clothes. There are other exceptions to the unlawful carry law ( that restricts ALL handgun carry unless on your own premises or premises under your control, or in a motor vehicle you own or is under your control) that do not restrict open carry, such as traveling, while engaged in lawful hunting, fishing or sporting activity if the handgun is commonly used in that activity, those in the armed forces or state military while in the performance of their duties, holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises. None of those restrict open carry. A person who meets one of those is exempt from the unlawful carry law.

Car carry requires concealed carry unless you meet one of the above.

And one exception to the unlawful carry law mandates open carry; while operating as an armed security guard.

 

[The_Hunter]

LOTS OF GOOD INFO

YA what he said, I always look forward to your replys in threads like these

 

[jordanmills]

AS stated;

Texas does not regulate the loaning (temporary transfer) of a firearm to a person except for to prohibited persons. Prohibited person are those who are drunk, under a protective order, children under 18 (without proper permission)

As far as carry in the store. Texas law specifically states it is not an offense to carry on or about your person on your own premises or premises under your control. It does not address the method of carry; concealed or open.

Texas also does not specifically prohibit open carry except for those carrying under a CHL or while operating as a PPO in plain clothes. There are other exceptions to the unlawful carry law ( that restricts ALL handgun carry unless on your own premises or premises under your control, or in a motor vehicle you own or is under your control) that do not restrict open carry, such as traveling, while engaged in lawful hunting, fishing or sporting activity if the handgun is commonly used in that activity, those in the armed forces or state military while in the performance of their duties, holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises. None of those restrict open carry. A person who meets one of those is exempt from the unlawful carry law.

Car carry requires concealed carry unless you meet one of the above.

And one exception to the unlawful carry law mandates open carry; while operating as an armed security guard.

So if I were fishing, I could open carry? Or is it only where doing something in that list AND a handgun is commonly used in that activity (such as, say, fishing in a spot where sharks or halibut of large size might be caught)?

Not that I'd use it as an excuse to push the limits, I'm just curious.

 

[Big country]

I wouldn't worry about loaning it out. you might want to get him a short barreled shotgun to.

 

[txinvestigator]

I wouldn't worry about loaning it out. you might want to get him a short barreled shotgun to.

I am sure he means a 18", as a Short barreled shotgun typically describes one with a barrel less than 18" and unlawful to posses unless you paid the tax and did the background check, etc.

 

[txinvestigator]

So if I were fishing, I could open carry? Or is it only where doing something in that list AND a handgun is commonly used in that activity (such as, say, fishing in a spot where sharks or halibut of large size might be caught)?

Not that I'd use it as an excuse to push the limits, I'm just curious.

I don't fish, but I don't think handguns are commonly used in fishing. The statute actually includes handguns, illegal knives and clubs, and uses the term "weapon" rather than firearm, and refers to those three weapons. In my response I used the term handgun since we were specifically speaking of handguns. You would not commit an offense if you had an appropriate illegal knife while fishing.

 

[APatriot]

I live by a code, whereby one of my more secondary tenets, is that I do not lend my weapons to anyone. Period.

 

[jordanmills]

I don't fish, but I don't think handguns are commonly used in fishing. The statute actually includes handguns, illegal knives and clubs, and uses the term "weapon" rather than firearm, and refers to those three weapons. In my response I used the term handgun since we were specifically speaking of handguns. You would not commit an offense if you had an appropriate illegal knife while fishing.

Actually they are, sometimes. Like I said halibut are commonly shot in the head before pulling aboard so they don't wreck the boat with thrashing, and sharks are often shot to exterminate them and/or keep them from biting people. Unfortunately, I never have a chance to do those kinds of fishing - and I doubt I could convince an LEO that I needed a hand canon to take out a trout for my safety.

So that's how it's legal to carry a machete when you're hiking and camping?

 

[txinvestigator]

Actually they are, sometimes. Like I said halibut are commonly shot in the head before pulling aboard so they don't wreck the boat with thrashing, and sharks are often shot to exterminate them and/or keep them from biting people. Unfortunately, I never have a chance to do those kinds of fishing - and I doubt I could convince an LEO that I needed a hand canon to take out a trout for my safety.

So that's how it's legal to carry a machete when you're hiking and camping?

Yep

 

[Hoji]

Just to stir the pot a little on fishing{ as it relates to other sporting purposes} There are alligators at most south Texas freshwater fishing spots. Seems to me it would be a reasonable thing to do { carry open} in this "sporting" endeavor.