Im moving to Texas-License from Indiana
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Thread: Im moving to Texas-License from Indiana

  1. Im moving to Texas-License from Indiana

    Can I still keep my handgun license from Indy or do I officially need to get a Texas one once I arrive?
    If I can keep it, will I run into problems trying to get a conceal carry permit in Texas with a license from a different state?

    Thanks for the help.

  2.   
  3. #2
    In order to legally carry (according to Federal law) a loaded gun on public property within 1000 feet of school premises in any state other than the state that issued your permit (in your case, Indiana), you must have a permit issued by the state that school is located in. So, in order to comply with Federal law you have two choices, in any state outside the state of Indiana you can stop anytime that you have reason to believe you are within 1,000 feet of a school and unload your gun and place it in a locked container - or you can obtain that state's permit. Bet the didn't teach that in your CCW class...

    Your Indiana permit will have no affect on you obtaining the Texas permit.

    https://www.law.cornell.edu/uscode/text/18/922

    18 U.S. Code § 922 - Unlawful acts
    (q)
    (2)
    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (i) on private property not part of school grounds;
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

    18 U.S. Code § 921 - Definitions

    (a) As used in this chapter—
    (25) The term “school zone” means—
    (A) in, or on the grounds of, a public, parochial or private school; or
    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  4. #3
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    From what I understand, a Texas CHL makes buying a firearm in Texas from a FFL simpler as well.

  5. #4
    Quote Originally Posted by bofh View Post
    From what I understand, a Texas CHL makes buying a firearm in Texas from a FFL simpler as well.
    The NICS check is not required.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  6. Quote Originally Posted by NavyLCDR View Post
    In order to legally carry (according to Federal law) a loaded gun on public property within 1000 feet of school premises in any state other than the state that issued your permit (in your case, Indiana), you must have a permit issued by the state that school is located in. So, in order to comply with Federal law you have two choices, in any state outside the state of Indiana you can stop anytime that you have reason to believe you are within 1,000 feet of a school and unload your gun and place it in a locked container - or you can obtain that state's permit. Bet the didn't teach that in your CCW class...

    Your Indiana permit will have no affect on you obtaining the Texas permit.

    https://www.law.cornell.edu/uscode/text/18/922

    18 U.S. Code § 922 - Unlawful acts
    (q)
    (2)
    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (i) on private property not part of school grounds;
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

    18 U.S. Code § 921 - Definitions

    (a) As used in this chapter—
    (25) The term “school zone” means—
    (A) in, or on the grounds of, a public, parochial or private school; or
    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
    Section (a) sounds like this is talking about interstate transport. That makes sense for a federal law. Does not make sense if you are talking about a Texas citizen carrying concealed in the state of Texas with a permit from another state that is honored in the state of Texas.

  7. This Federal law has nothing to do with a person that legally owns his hand gun and has a recognized CHL for the state they live in, or has a permit from another state that is recognized by their state to legally travel with in 1000 feet of a school. Your trying to tie a federal law on selling transporting weapons illegally. Apples/oranges

  8. #7
    Quote Originally Posted by Pitbull11 View Post
    This Federal law has nothing to do with a person that legally owns his hand gun and has a recognized CHL for the state they live in, or has a permit from another state that is recognized by their state to legally travel with in 1000 feet of a school. Your trying to tie a federal law on selling transporting weapons illegally. Apples/oranges
    Whether a resident of TX is allowed to carry a concealed handgun within the state of TX on a license issued by another state (via reciprocity agreements) is a matter of TX law.

    But carrying within 1000' of a school is prohibited by federal law, as NavyLCDR quoted, unless you are licensed by that state in which the school is located. The GFSZA is clear on this.

  9. Quote Originally Posted by bofh View Post
    From what I understand, a Texas CHL makes buying a firearm in Texas from a FFL simpler as well.
    Yes, you don't have do the "Instant check." Also, I think there is a six month waiting period from the first day you move here until you can get you CHL. Also, January 1st, open carry takes effect, if you have a CHL.

  10. Quote Originally Posted by kwc View Post
    Whether a resident of TX is allowed to carry a concealed handgun within the state of TX on a license issued by another state (via reciprocity agreements) is a matter of TX law.

    But carrying within 1000' of a school is prohibited by federal law, as NavyLCDR quoted, unless you are licensed by that state in which the school is located. The GFSZA is clear on this.
    So this means anywhere out side your home state in every state that accepts your carry permit you can't get within 1000 feet of a school. If this were true your carry permit would be worthless outside your own state. That's over 3 football fields. Every school in this country is located closer then 3 football fields from a main road or highway.

  11. #10
    Quote Originally Posted by Pitbull11 View Post
    So this means anywhere out side your home state in every state that accepts your carry permit you can't get within 1000 feet of a school.
    By federal law, this is a true statement. And the GFSZA is another one of those ridiculous, and for all practical purposes, unenforceable laws.

    But note that it is very rare for local law enforcement to arrest for violation of federal laws, or to call in the "Feds," unless a person caught breaking the 1000' zone was also involved in something far more serious at the time, thereby warranting federal involvement.

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