CHL Laws © Personal Perimeter, LLC,

CHL Laws

© Personal Perimeter, LLC, http://www.PersonalPerimeter.com 1

Part A

Laws that relate to carrying a handgun


Penal Code Chapter 46 - Weapons

• Important definitions• Handgun - Penal Code §46.01(5) any firearm that is designed,

made, or adapted to be fired with one hand• Premise - Penal Code §46.035(f)(3) – only applies to 46.03 and

46.035• A building or portion of building• Does not include any public or private driveway, street,

sidewalk, or walkway, parking lot, parking garage, or other parking area


Penal Code §46.02 - Unlawfully Carrying Weapons

• A person can carry a handgun only• on the person's own premises or premises under the person's

control• inside of or directly en route to a motor vehicle that is owned by

the person or under the person's control• must be concealed• must not be engaged in criminal act• must not be prohibited by law from possessing a firearm• must not be a member of a criminal street gang

• Class A misdemeanor• Third degree felony on premises licensed for alcoholic

beverages sale.


Penal Code §46.03 - Places Weapons Prohibited

• Premises of a school (educational institution)• "Premises" means a building or a

portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

• Grounds or building of school-sponsored event

• School vehicle• School may provide written

authorization allowing you to carry



• Premises of a polling place on the day of an election or while early voting is in progress

• Premises of a court or court offices without written authorization

• Premises of a racetrack



• A secured area of an airport (contact the airport for current security requirements)

• Within 1,000 feet of premises of a place of execution on a day of execution and the person received notice.• Does not apply

• while in a vehicle being driven on a public road; or

• at the actor's residence or place of employment.


Penal Code §46.035 - Unlawful Carrying of Handgun by License Holder

• Cannot intentionally display a handgun unless force is justified

• Historical reenactment OK• "Concealed handgun" means a handgun, the presence

of which is not openly discernible to the ordinary observation of a reasonable person. (GC 411.171(3))



• Cannot carry on the premises of a business that derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption

• 51% sign required• historical reenactment OK



• "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.



• Cannot carry:

• on the premises where a high-school, collegiate, or professional sporting event or interscholastic event is taking place• unless the license holder and

handgun are part of the event

• on the premises of a correctional facility



• Cannot carry:• on the premises of a hospital or nursing home without written authorization• on the premises of a church, synagogue, or other established place of

religious worship• at any meeting of a governmental entity• in an amusement park

• "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

• 30.06 notice required



• Cannot carry while intoxicated

• "Intoxicated" means:• not having the normal use of mental or physical faculties by

reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

• having an alcohol concentration of 0.08 or more.• (PC 49.01(2))


Penal Code §30.06 - Trespass By Holder Of License To Carry Concealed Handgun

• Entering or remaining on another’s property without consent and having notice that entry (or remaining) with a concealed handgun was forbidden.

• Forms of notice:• oral• written document• sign

• English and Spanish• contrasting colors• block letters at least one inch• displayed in a conspicuous manner• clearly visible to the public

• Does not apply to property owned or leased by a governmental entity

• Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun


Government Code §411.203 - Rights Of Employers

• Employers can still prohibit handguns on their premises. Beyond what is controlled by law, employers may set additional policies that prohibit actions of employees even if those actions are not illegal. Employer policies do not have to meet the signage requirements of 30.06.

• Labor Code §52.061 – Employer cannot prohibit employees from having a firearm in a locked vehicle in a parking area • Exceptions

• Vehicle owned or leased by a public or private employer • Schools • Private landowners leasing oil, gas, mineral rights • Chemical plants

• §52.063 - Employers immune from civil liability, except gross negligence


Penal Code §46.04 - Unlawful Possession of a Firearm

• Convicted felon:• cannot possess a firearm for 5 years• after 5 years, can only posses at home

• Person convicted of Class A misdemeanor assault involving a member of the person's family or household• cannot possess a firearm for 5 years

• Person (non-LE) subject to a protective order under Family Code• cannot possess a firearm for duration of the order.


Government Code §411.2032 – Transportation and Storage of Firearms and Ammunition by

License Holders in Private Vehicles on Certain Campuses

• College or university cannot prohibit a CHL holder from having a firearm in a locked vehicle on a street or parking area on campus.• Campus means as all land and buildings owned or leased by an

institution of higher education or private or independent institution of higher education.

• Institution of higher education and private or independent institution of higher education have the meaning assigned by Section 61.003, Education Code.


Possession of a valid CHL does not explicitly authorize possession of a firearm


Federal Law

• 18 United States Code(USC) §930• Possession of firearms prohibited in federal facilities• “Federal facility” means a building or part thereof owned or

leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.

• 39 Code of Federal Regulation (CFR) Part §232• Carrying or storing firearms, other dangerous or deadly

weapons, or explosives, either openly or concealed, on postal property is prohibited.


Government Code §411.173(b-d) Reciprocity

• Definition of Reciprocity • CHL holder must abide by the laws that govern the

particular jurisdiction that they are in • Is not a blanket cover for all CHL holders

• Example: New Mexico is a reciprocal state with Texas, however, New Mexico does not allow for anyone under 21 to carry concealed

• Example: Even if a state has reciprocity with Texas, some will only honor the Texas CHL if the individual is a resident of Texas


Government Code §411.205 Requirement to Display License

• If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's concealed handgun license.


Traffic stops for CHL holders - suggestions

• Have your driver license and CHL immediately accessible

• Do not make quick movements, especially when the officer is present or approaching

• Have your hands on top of the steering wheel as much as possible

• If at night, turn dome light on• Open window(s) for communication


Part B

Laws that relate to use of force and use of deadly force.


Joe Horn


Penal Code §9.21 Public Duty

• No legal duty to protect against, or prevent, a crime• Protection if acting at the direction of a peace officer or

court


Penal Code §9.22 Necessity

• Conduct is justified if:• Immediately necessary to avoid imminent harm;• Harm prevented outweigh harm caused; and• No law precludes the action.


The Key Concepts

• "Deadly force" means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury. (PC §9.01(3))

• "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.(PC §1.07(a)(46))


The Key Concepts

• “when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force”

• No requirement to retreat if• You have a right to be in that place• You did not provoke• You are not engaged in a crime

• Threat, disparity of force, risk to others


Penal Code §9.31 Self-defense

• (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.



• Presumed reasonable if:• The other:

• Enters occupied habitation, vehicle, or place of business or employment;

• Removes the actor from the actor's habitation, vehicle, or place of business or employment; or

• Commits aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

• Did not provoke• Not engaged in crime



• Not justified:• For verbal provocation• Resisting arrest or search• If actor consented• If actor provoked

• Unless attempt to abandon and other continues• Sought discussion while illegally carrying a weapon


Penal Code §9.32 Deadly Force in Defense of Person

• Justified if• Force is justified (9.31)• Other used deadly force or commits aggravated kidnapping,

murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery



• Presumed reasonable if:• The other:

• Enters occupied habitation, vehicle, or place of business or employment;

• Removes the actor from the actor's habitation, vehicle, or place of business or employment; or

• Commits aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

• Did not provoke• Not engaged in crime




Penal Code §9.33 Defense of Third Person

• Same as self-defense• circumstances as the actor reasonably believes them to be• intervention is immediately necessary


Penal Code §9.33 Protection of Life or Health

• Force, but not deadly force, to prevent suicide or inflicting serious bodily injury to himself

• Force and deadly force to preserve life in an emergency


Penal Code §9.41 Protection of One’s Own Property

• Force to prevent theft or trespass• Force to recover property

• Immediately after• Fresh pursuit


Penal Code §9.42 Deadly Force to Protect Property

• Justified to• Prevent arson, burglary, robbery, aggravated robbery, theft

during the nighttime, or criminal mischief during the nighttime• Prevent escaping with the property immediately after committing

burglary, robbery, aggravated robbery, or theft during the nighttime

• If• Land or property cannot be protected or recovered by any other

means; or• Other than deadly force would expose the actor to substantial

risk of death or serious bodily injury


Penal Code §9.43 Protection of Third Person’s Property

• Same as one’s own property if:• attempted or consummated theft of or criminal mischief to

tangible movable property; or• the third person has requested his; or• has a legal duty to protect the third person's land or property; or• actor's spouse, parent, or child, resides with the actor, or is

under the actor's care


Penal Code §9.44 Use of Device to Protect Property

• Not designed to cause, or known by the actor to create a substantial risk of causing, death or serious bodily injury; and

• Use of the device is reasonable


Police Encounters

• Shooting / displaying situations: What to consider• If you have your weapon in hand or visible

• Do the police know if you are a good or “bad guy”• Should you unload your weapon after a shooting• Should you re-conceal your weapon after display

• Is there still an immediate threat• Is it safe to holster your weapon• Could you be mistaken as the “bad guy”


Government Code §411.207 – Authority of Peace Officer to Disarm

• Peace officer may disarm if he believes it is necessary for the protection of the license holder, officer, or another individual

• Shall return before discharging the license holder from the scene if safe to do so

• Note: Police officers arriving at the scene may have limited information. Sometimes the information they do have is incorrect. Police officers must take control of the scene and situation for their safety and the safety of everyone involved.


Penal Code §9.06 Civil Remedies Unaffected

• The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.


CPRC §83.001. Civil Immunity

• A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.


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