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Going to Texas
 Moderated by: jpierce  
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Shorts
Lone Star Veteran


Joined: Sun Apr 13th, 2008
Location: Texas USA
Posts: 160
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 Posted: Fri Apr 17th, 2009 02:02 pm
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In Texas you can walk in and check your firearms.  Have your things packed properly in it's lock box/case.  One cannot go to a secured area behind the xrays, metal detectors etc.




Sec. 46.03.  PLACES WEAPONS PROHIBITED.  (a)  A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

[snip]

(5)  in or into a secured area of an airport; or

[snip]

(c)  In this section:

[snip]

(2)  "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.


Last edited on Fri Apr 17th, 2009 02:07 pm by Shorts

nonameisgood
Regular Member


Joined: Thu Dec 4th, 2008
Location: Big D
Posts: 22
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 Posted: Fri Apr 17th, 2009 06:18 pm
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I've never had a problem with Southwest Airlines.
Padlocked Pelican case, either by itself or inside luggage.  Pack ammo in the original box, in the same case.  If you have loaded mags, the primer must be fully covered, some TSA guys will let you insert cardboard over the primer, some won't.  I have found it best to just keep a new box in the case just for flying.

Check your luggage with an agent at the counter (not at curb or self-check) and open your luggage and case. Tell them that there is a firearm in your luggage.  They will look and say, "OK", then hand you the card to fill out.  Fill it out, sign the back, and put it inside the gun case.  Some want to see the empty chamber, but not usually.  Some airports (Ft Lauderdale) want you to use the touchscreen check-in, but most (DAL) don't.  Lock the case and close the luggage, if applicable.

You will probably be prompted to carry it to the TSA counter, or wait in a particular place until the TSA clears it... they may want to look at it, so hang around with the key.  Some airports forget to tell you when it has cleared TSA, so ask where and how long to wait.  Remember that TSA cannot tell if there is a gun in a particular bag until it xrays it, so they may not even notice that they need to tell you it has cleared the scanner.  I do try to keep a spare, keyed-alike lock in the case, in case they have to cut it off in my absence, it can be relocked and put on the plane.

Once you fly with it a few times, you'll wonder why you haven't before.  Also, make sure you and the airline never identify the luggage on the outside as containing a firearm... TSA prohibits this, but I have heard of it happening.

SANDCREEK
Regular Member


Joined: Tue May 13th, 2008
Location: Arlington, Texas USA
Posts: 234
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 Posted: Sat Apr 18th, 2009 06:42 pm
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Just don't  allow yourself to be drawn into a paranoia that every LEO, and other Texas resident  is "scanning" you for possible "printing".  I think there's alot of excess concern over the "concealed" definition in Texas just because of the manner in which the laws "allow for" carry of a handgun LICENSED CONCEALED ONLY. Much of this stems from the "textbook" instruction approach in CHL classrooms.  Just understand where the CHL instructors are coming from.  They wisely want to cover themselves by stressing "don't print" .

There are alot of reasons that a "bulge"  may be observable under a shirt.  Life-saving medical equipment for one, cell phones, etc, etc.   Concealed means COVERED - period.  Remember this - Texas is a very gun friendly "country".  You are less likely to provoke shock, hysteria, or panic at  the inadvertant  glimpse of a holstered handgun in Texas than you are in certain situations  in Colorado  -for example.

I've had a Texas CHL since 1995  and  routinely have worn my weapons in Texas for years holstered at 3:00 o'clock under an open jacket, or sport coat, or untucked golf shirt.  When it's "windy" - I zip or button up. If I am in an uncomfortable location in the presence of "iffy" individuals - I  may allow the Texas "wind" to have its way and grant a glimpse of Mr.  Glock to a couple of hoodie looking dudes as I proceed in a "direct route to my vehicle"  . . .  or pump gas at the Stop 'n Rob - both of which I have done on more than one occassion.

I moved to Colorado in 2006 where inadvertant exposure is no legal liability.  I visit Texas (DFW) regularly at least 2-3 times a year and the only thing I do differently there is I don't OC.  The laws need fixin' in Texas , but the folks are not near as skittish about handguns as many are in the "open carry states". 

Bottom line is this - PERCEPTION is 95% of reality.  If you present yourself in public like a clean-cut , lawful person and behave  respectfully within the law- you won't have any problem in Texas with "printing", or inadvertant momentary "failure to conceal".  Situational awareness and common sense should always attend.   

Last edited on Sat Apr 18th, 2009 06:48 pm by SANDCREEK

Gator5713
Lone Star Veteran
 

Joined: Sun Sep 28th, 2008
Location: Aggieland, Texas USA
Posts: 559
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 Posted: Fri Apr 24th, 2009 01:09 am
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Furthermore, Kingsville is a very friendly place, small town...  Just make sure you are aware of where the school is (TAMU) and don't try to go on the King Ranch carrying....  A friend of mine teaches a CHL class there at the Iron Goat Range (he now lives in Uvalde though, so he is likely not going to be there, but) they should be really friendly if you need a place to de-stress while you are there!  When on PRIVATE property here in the Republic you are basically under the law of the land owner and thus OC is acceptable if you have the permission of said land owner!
Enjoy your visit!  If you make it up this way, give me a shout!

VLR4
Regular Member


Joined: Tue Nov 18th, 2008
Location: Oak Harbor, Washington USA
Posts: 78
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 Posted: Tue May 26th, 2009 03:24 pm
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Thanks to everyone for the info. I had no problem from TSA or when I was down there. Had a blast but it was a little hot for my taste. O if you got rain where you are on Saturday, your welcome.:lol: I thought I would bring some rain from Washington.

nonameisgood
Regular Member


Joined: Thu Dec 4th, 2008
Location: Big D
Posts: 22
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 Posted: Tue May 26th, 2009 03:32 pm
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No rain here, you missed a spot.

Glad all went well.

(On a related note, It was a good thing I didn't carry on my trip to Colorado last week... was late enough to the airport after a long drive that I had to ditch the shampoo and contact solution and carry my bag on.  The line at the ticket counter was maybe 75 people, and maybe 200 in line for TSA - and that was on Thursday before the holiday.)

KBCraig
Regular Member
 

Joined: Tue Aug 7th, 2007
Location: Northeast Texas
Posts: 1497
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 Posted: Tue May 26th, 2009 08:40 pm
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Gator5713 wrote: When on PRIVATE property here in the Republic you are basically under the law of the land owner and thus OC is acceptable if you have the permission of said land owner!


While that sounds nice, it's unfortunately not true. There is no exception in the law that allows OC with the landowner's permission.

 

Adahma
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 Posted: Tue May 26th, 2009 11:16 pm
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OC is acceptable on private property at the owners discretion. Why then do we have gun shops in Texas where all the employees open carry?

nonameisgood
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Joined: Thu Dec 4th, 2008
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 Posted: Wed May 27th, 2009 05:15 am
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Which brings up another gap in Texas law:
Can a non-CHL passenger in a vehicle be carrying a concealed handgun?  Not according to the law... probably implying that the person who owns or is in control of the vehicle (according to the word of the law) are the only two who could be carrying the weapon.

There are exceptions to carry rules for hunting and sporting use, but not for employees who are not primarily charged with security (if you are, then there are additional rules.)

Obviously, open carry is the answer, but when we have too many inattentive legislators that think "wild west" at the very mention, those hopes are dashed for one more session.  We need to work on that now.

SA-TX
Centurion Member
 

Joined: Tue Feb 12th, 2008
Location: Dallas County (enemy Territory Now), Texas USA
Posts: 136
Status:  Offline
 Posted: Wed May 27th, 2009 01:41 pm
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Adahma wrote: OC is acceptable on private property at the owners discretion. Why then do we have gun shops in Texas where all the employees open carry?

You are both correct.  The ownership provision is narrow:

Penal Code 46.02(a)(1)  "on the person's own premises or premises under the person's control; or ..."

As for gun shops, those premises are under the "control" of the open carriers. 

It might be a stretch to say that, for example, you property was under the "control" of your 20 friends, but it also might work.  Odds are, some rural deputy isn't going to want any trouble from an armed bunch that well outnumbers him (and in some cases, his whole department).

On your rural property, the way you might could allow others to open carry is this way:  set up a target range.  You probably already did if everyone is packing.  :D  Lawful sporting activity, like target shooting, is also an exemption to 46.02:

Penal Code 46.15(b)(4) (Section 1 & 2) "is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;"

SA-TX

KBCraig
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Joined: Tue Aug 7th, 2007
Location: Northeast Texas
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 Posted: Wed May 27th, 2009 07:46 pm
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Adahma wrote: OC is acceptable on private property at the owners discretion.

Again, that is not the law.

Gun shop employees might be covered by being "in control of" the property, but that's stretching it. The reality is that none of them have been charged with UCW, because it would be laughed out of court.

Here's how the law works: in Texas, it's illegal to have a handgun on or about your person. Period, stop, end of discussion.

Let that sink in for a while: it is illegal to have a handgun on or about your person in Texas.

Then, the law lists some exemptions, but unless you meet one of those specific exemptions, it is still illegal to have a handgun on or about your person in Texas.

The exemptions include: traveling; while on property you own or control; while engaged in sporting activity involving the handgun; being a peace officer or licensed security guard; having a CHL (as long as the gun is concealed); and, being in a motor vehicle you own or control. Case law protects someone who has just purchased a handgun, or who is taking it to or from a repair shop.

There is no exemption, either in statutory or case law, based on "with the owner's permission".

 

Last edited on Wed May 27th, 2009 07:47 pm by KBCraig

nonameisgood
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 Posted: Wed May 27th, 2009 07:56 pm
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Which begs the question: How did we get to this and how can we get a change made?  We have a bit less than 2 years until next session, and we best get moving.  I have business which will have me lobbying with state lawmakers, so I might be able to touch on this whilst doing so, but I think my employer would frown on any connection between this and the day job.

The problem we have is that people outside Texas think this is the Wild West, people inside Texas think we are special, and politicians are trying to not do anything which would make them unpalatable to a wider voter base.  When the reaction to OC legislation is along the lines of "OMG, WTF, we are NOT going back to the lawless wild west."

But I guess I'm preaching to the choir.  And this issue is one way to promote OC to a wider audience.


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