Can I carry in this situation?

[Malice]

I took a new job managing a restaurant. As part of my duties, I carry considerable amounts of cash. This makes me a target.

I do not have a CHL (yet). Is it legal for me, in the mean time, to carry a gun from my car to work, and then back to my car after work, assuming I have the owner's permission?

I live in Texas, BTW

 

[Colton White]

IF NO CHL THEN YOU CAN NOT CARRY ANYWHERE EXCEPT FROM YOUR VEHICLE TO PLACE OF RESIDENCE (WHERE YOU SLEEP AND PICK UP MAIL) AND BACK TO YOUR VEHICLE.

WHEN YOU DO GET YOUR CHL.... heres my .02
I dont know if you even need permission from the owner. The only thing I am aware of in state law is if the establishment makes more than 50% of its income on alcoholic beverages than no you can not carry, period. If they make less than 50% on alcohol then carry whatever you want so long as its concealed. I would ask how much %%% they make of alcohol as a general question (just curious u know) and follow state law 30.06

Its really not bad and thank God for that and Texas

 

[Werewolf]

There's a legal concept (has a fancy name I don't remember) that boils down to something like this. We'll use carry as an example.

You illegally carry a concealed weapon.
You use the weapon to save your life or the life of another.
You cannot be prosecuted for carrying illegally prior to using the weapon.

 

[Telumehtar]

IF NO CHL THEN YOU CAN NOT CARRY ANYWHERE EXCEPT FROM YOUR VEHICLE TO PLACE OF RESIDENCE (WHERE YOU SLEEP AND PICK UP MAIL) AND BACK TO YOUR VEHICLE.

Not claiming to be a legal expert here, but I think that statement is false.

Else how would non-CHLs carry from their car to a range?

How would non-CHL hunters carry their weapons to/from/on hunting grounds.

How would transporting the weapon for purposes commerce (buying/selling) be affected by such laws.

Not trying to be nitpicky here, but I don't think the law is so clear cut as you are making it.

 

[TexasRifleman]

IF NO CHL THEN YOU CAN NOT CARRY ANYWHERE EXCEPT FROM YOUR VEHICLE TO PLACE OF RESIDENCE (WHERE YOU SLEEP AND PICK UP MAIL) AND BACK TO YOUR VEHICLE.

Sorry, that's wrong. If that were true I couldn't go to the shooting range or deer lease with a handgun could I? Or take it to the gunsmith for repair?

No, that's clearly not the case, so we have to turn to the penal code and see......

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(left some out)

So, we get to the part in bold. This is where it gets interesting.

Gun stores regularly allow their employees to carry openly, we see it all the time. So, what exactly does "premises under the person's control" mean?

Well, when I go to a public shooting range I can carry my handgun with me can't I? And I am carrying it openly during the time I am shooting. So somehow during my time at the range is that premise under my control? I guess it is, I am paying "rent" for it right? What if the owner lets me shoot for free because I buy a gun from him?

That's a good question.... Does permission from the property owner place that premise temporarily under your control? That's the question that needs answering.

From the shooting range and gun store example it would APPEAR that permission from the property owner does just that. But, I'd sure get it in writing from the property owner.

Not legal advice of course, but I'd be interested in seeing an argument that doesn't agree with that.

I personally can't see how it would be illegal with the property owners permission give the above scenarios.

 

[GEM]

One might also consider the manner of carry. Do you have to box it up to make the transition? Carrying concealed in the parking lot is a risk? Is the lot a general public lot or just that of the restaurant?

This needs a tight legal opinion.

It's legal to have the gun in the car.
What's the legality of carry with managment permission?
How do you transition?

 

[TheWarhammer]

Home to car without a CHL... totally legal.

In the car, without a CHL, driving to work, bank, home, etc... also perfectly legal.

Park the car on restaurant (private) property, with the permission of the owner, and then walk from the car to the restaurant, the whole time remaining on said private property... still completely legal.

The only hitch comes if you have to park on the street or on property other than that which is owned by the restaurant. If you were to be stopped while not on restaurant property, you could be in trouble unless you unload your pistol in the restaurant, carry it in a case to your car, and then reload once in your car. Get your CHL as soon as possible and all of this becomes academic.

 

[rscalzo]

You illegally carry a concealed weapon.
You use the weapon to save your life or the life of another.
You cannot be prosecuted for carrying illegally prior to using the weapon.

Not really accurate as many have been charged in just such a situation. Bernhard Goetz is once such example.

 

[TexasRifleman]

If you were to be stopped while not on restaurant property, you could be in trouble unless you unload your pistol in the restaurant, carry it in a case to your car, and then reload once in your car.

Texas law has no provision for whether the handgun is loaded or unloaded, nor the manner in which it's carried.

The law above says "inside of or directly en route to a motor vehicle that is owned by the person or under the person's control."

So, according to the law, if you were parked 3 blocks away it would seem that if you walked directly to the car you would be covered under existing law. This is all assuming a prosecutor is following the law and not trying to make an example of someone.

 

[TexasRifleman]

Not really accurate as many have been charged in just such a situation. Bernhard Goetz is once such example.

Bernie didn't live in Texas Texas law would indeed have covered the Goetz situation. Dunno about other states though, the Goetz incident is a great example.

 

[BeerSleeper]

There's a legal concept (has a fancy name I don't remember)

precedent?

 

[Colton White]

IF NO CHL THEN YOU CAN NOT CARRY ANYWHERE EXCEPT FROM YOUR VEHICLE TO PLACE OF RESIDENCE (WHERE YOU SLEEP AND PICK UP MAIL) AND BACK TO YOUR VEHICLE.

YEA "carry" as in concealed carry sorry i was not more specific

car to home---home to car, perfectly legal to concealed carry WITHOUT A LICENSE

 

[nalioth]

This thread got off on entirely the wrong foot and down the wrong avenue.

In Texas, if you are in charge of an establishment (boss, owner, manager), you can legally carry as you like there (company policies are another story).

 

[Dokkalfar]

I remember reading something about what werewolf said But I couldn't find anything about it in Penal Ch46... But if I find it again I'll definitely post