Flying With Firearms
Despite tightened security, you can still travel by air with your firearms. Knowledge of the right procedures is the ticket to success. There are three areas at the Airport to show concern as a Concealed Handgun License holder
1. The outside check-in: in which you are well within your rights to check your baggage at the out side check-in while carrying your weapon. Ensure your activity does not violate any airport's parking procedures.
2. The inside check-in: It is recommended that you do not venture into the lobby or the inside check-in area with your concealed handgun. Remember the premises rule; leave it in the trunk of the car.
3. The secure area: If for any reason, you end up at the secure check in area "with" a concealed handgun, you will automatically be charged with a felony conviction.
When flying with a firearm, ensure the following procedures are followed
1. Obtain a solid plastic or metal lockable box to contain your weapon. The box must be able to lock and unlock at the check-in counter agent's request.
2. Ensure your weapon is unloaded, the magazine (s) removed from the weapon and empty, also it is recommended to have no ammunition in the lock box container, however, I have shipped ammo with my handgun.
3. Go to the inside check-in counter, declare that you are shipping a handgun in you check baggage, fill out the declaration form, place a copy in the lock bock and give the other copy to the clerk, secure the lock box inside your check baggage. The clerk will either take your luggage or send you and the bag to the x-ray machine. Wait until your baggage clears the x-ray and you are done.
4. Lastly, Give yourself time to do this
Move to the inside check-in counter
Texas House Bill 991
The House approved HB 991 by Rep. Patrick Rose (D-Dripping Springs), this TSRA and NRA-backed Concealed Handgun License confidentiality bill. The bill now moves to the Senate State Affairs Committee for consideration.
Access to this private information is being used by at least one Texas company, Canon USA, as a way to threaten and intimidate their employees who might apply for a license. Employees who don't provide the company with information regarding their CHL status can be terminated
SB 378 voted 27 March & becomes effective 1 September 2007
The Castle Doctrine
In the United States, laws informally referred to as 'castle laws’ can sometimes impose an obligation to retreat before using force to defend oneself
The "Castle Doctrine" provides for an exception to this duty. Provided one is attacked in their own home, vehicle, or place of business, in jurisdictions where 'castle laws' are in force, one may stand their ground against an assailant without fear of prosecution.
Anyone who can legally possess a firearm, and is traveling, can carry it inside a motor vehicle. The firearm can be loaded and must be concealed. If it is in view it is a violation of the law. Law became effective 9/1/05.
Don't be mis-lead by the innocence of the ruling; you can be detained and arrested
Places a CHL Holder Cannot go With A
Firearm
Jeff Cooper's Rules of Gun Safety
RULE I:
ALL GUNS ARE ALWAYS LOADEDRULE II:
NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT WILLING TO DESTROYRULE III:
KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGETRULE IV:
BE SURE OF YOUR TARGETRULE I: ALL GUNS ARE ALWAYS LOADED
There are no exceptions. Do not pretend that this is true. Some people and organizations take this rule and weaken it;e.g. "Treat all guns as if they were loaded." Unfortunately, the "as if" compromises the directness of the statement by implying that they are unloaded, but we will treat them as though they are loaded. No good! Safety rules must be worded forcefully so that they are never treated lightly or reduced to partial compliance.
All guns are always loaded - period!
This must be your mind-set. If someone hands you a firearm and says, "Don't worry, it's not loaded," you do not dare believe him. You need not be impolite, but check it yourself. Remember, there are no accidents, only negligent acts. Check it. Do not let yourself fall prey to a situation where you might feel compelled to squeal, "I didn't know it was loaded!"
RULE II: NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT WILLING TO DESTROY
Conspicuously and continuously violated, especially with pistols, Rule II applies whether you are involved in range practice, daily carry, or examination. If the weapon is assembled and in someone's hands, it is capable of being discharged. A firearm holstered properly, lying on a table, or placed in a scabbard is of no danger to anyone. Only when handled is there a need for concern. This rule applies to fighting as well as to daily handling. If you are not willing to take a human life, do not cover a person with the muzzle. This rule also applies to your own person. Do not allow the muzzle to cover your extremities, e.g. using both hands to reholster the pistol. This practice is unsound, both procedurally and tactically. You may need a free hand for something important. Proper holster design should provide for one-handed holstering, so avoid holsters which collapse after withdrawing the pistol. (Note: It is dangerous to push the muzzle against the inside edge of the holster nearest the body to "open" it since this results in your pointing the pistol at your midsection.) Dry-practice in the home is a worthwhile habit and it will result in more deeply programmed reflexes. Most of the reflexes involved in the Modern Technique do not require that a shot be fired. Particular procedures for dry-firing in the home will be covered later. Let it suffice for now that you do not dry-fire using a "target" that you wish not to see destroyed. (Recall RULE I as well.)
Rule III: KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET
Rule III is violated most anytime the uneducated person handles a firearm. Whether on TV, in the theaters, or at the range, people seem fascinated with having their finger on the trigger. Never stand or walk around with your finger on the trigger. It is unprofessional, dangerous, and, perhaps most damaging to the psyche, it is klutzy looking. Never fire a shot unless the sights are superimposed on the target and you have made a conscious decision to fire. Firing an unaligned pistol in a fight gains nothing. If you believe that the defensive pistol is only an intimidation tool - not something to be used - carry blanks, or better yet, reevaluate having one around. If you are going to launch a projectile, it had best be directed purposely. Danger abounds if you allow your finger to dawdle inside the trigger guard. As soon as the sights leave the target, the trigger-finger leaves the trigger and straightens alongside the frame. Since the hand normally prefers to work as a unit - as in grasping - separating the function of the trigger-finger from the rest of the hand takes effort. The five-finger grasp is a deeply programmed reflex. Under sufficient stress, and with the finger already placed on the trigger, an unexpected movement, misstep or surprise could result in a negligent discharge. Speed cannot be gained from such a premature placement of the trigger-finger. Bringing the sights to bear on the target, whether from the holster or the Guard Position, takes more time than that required for moving the trigger finger an inch or so to the trigger.
RULE IV: BE SURE OF YOUR TARGET
Know what it is, what is in line with it, and what is behind it. Never shoot at anything you have not positively identified. Be aware of your surroundings, whether on the range or in a fight. Do not assume anything. Know what you are doing.
SUMMARY:
Make these rules a part of your character. Never compromise them. Improper gunhandling results from ignorance and improper role modeling, such as handling your gun like your favorite actor does. Education can cure this. You can make a difference by following these gunhandling rules and insisting that those around you do the same. Set the example. Who knows what tragedies you, or someone you influence, may prevent?
“Texas House Bill 823"
Prevents the police from routinely arresting a
law-abiding person who is transporting a concealed pistol in his motor vehicle. This is
accomplished by clothing a law-abiding person with the presumption of being a traveler.
The traveler presumption may be rebutted by the state by
presenting proof beyond a reasonable doubt. In plain terms, a
law-abiding person should have no problem transporting his pistol in a motor vehicle
provided the pistol is concealed.”
The definition of "traveling," for the exemption from a charge of illegal carry
under 46.15(b)(3), is this:
A person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a
violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.
Section 2.05. PRESUMPTION.
When this code or another penal law establishes a presumption with
respect to any fact, it has the following consequences:
~ ~ (1) if there is sufficient evidence of the facts that give rise to the presumption,
the issue of the existence of the presumed fact must be submitted to the jury, unless the
court is satisfied that the evidence as a whole clearly precludes a finding beyond a
reasonable doubt of the presumed fact; and
~ ~ (2) if the existence of the presumed fact is submitted to the jury, the court shall
charge the jury, in terms of the presumption and the specific element to which it applies,
as follows:
~ ~ ~ (A) that the facts giving rise to the presumption must be proven beyond a reasonable
doubt;
~ ~ ~ (B) that if such facts are proven beyond a reasonable doubt the jury may find that
the element of the offense sought to be presumed exists, but it is not bound to so find;
~ ~ ~ (C) that even though the jury may find the existence of such element, the state must
prove beyond a reasonable doubt each of the other elements of the offense charged; and
~ ~ ~ (D) if the jury has a reasonable doubt as to the existence of a fact or facts giving
rise to the presumption, the presumption fails and the jury shall not consider the
presumption for any purpose.
Further confusion comes from the law's complicated jury instructions, burdens of proof,
and presumptions about whether the person charged was in fact traveling at the time. It
does appear to now put the burden of proof on the state, where it belongs and which is
proper, so you're innocent until proven guilty. This will need some shakeout in court,
with someone's future on the line.