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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 06-15-2016, 07:47 PM   #1
bobya1994
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Default NON CHL carry when with an escort...

I'm extremely paranoid, I carry a small gun in my car and even sometimes (like once) in with me to see providers (just in pocket, provider would never know, they make very small guns nowdays), "just in case". Meaning fear of a pimp or something jumping out of a closet and robbing me (or worse), or what have you. Heck once I ended up showing the provider because she basically wanted to case my pockets, and she was really cool with it, said she needed to get a gun like mine for herself etc.

But I DONT have a CHL.

Now, I fear this may somehow "aggravate" any prostitution charge that could hypothetically happen, and make it worse. I understand : carrying a gun without CHL would be an offense, prostitution soliciting would be an offense, but would they "stack" and make it much worse?

I see a LOT of questions in regards to CHL legalities, but none about if you DONT have a CHL.

Same question regards to a gun under the seat in my car, I carry this 24/7 as it's legal in Texas. I normally take it out and leave it at home before traveling to an escort, but sometimes forget. I figure obviously if LEO ever was to bust me they're gonna search my car etc...

Also I guess on that note side question...would it be a good idea to leave keys in car (Under seat or something) and claim a friend dropped you off if ever busted (and then clam up about it, obviously if they asked when friend would return etc go mum). Sure that means somebody could break in your car while you are with escort, but the odds of that are slim. I would think in theory this could prevent police from seizing your vehicle etc...
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Old 06-15-2016, 08:30 PM   #2
The_Waco_Kid
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unless you have a felony conviction, just go get a CHL. done!
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Old 06-15-2016, 08:54 PM   #3
51MEANTXGUNS50
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JPX peppergun. I OC mine all the time around here. It is not an actual firearm but has insane stopping power and an intimidation factor. Since it isn't a real firearm no firearm laws are applicable to it, though pepperspray laws are.
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Old 06-15-2016, 09:24 PM   #4
tpepsi
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Take a taxi or uber. Or park a mile away and walk.
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Old 06-15-2016, 09:47 PM   #5
shooter6.5
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Default you are way wrong

I would suggest you look at the LTC law nuch closer.

You cannot carry the gun outside the car except to your house with a few exceptions. It is a FELONY to be in possession of the weapon on yourself without the LTC license. And on top of that it is stupid as the license is easy to get, unless of course you have some activity in the past that would prohibit it.

I could go on and on about this but it will serve you better if you google it.
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Old 06-16-2016, 03:08 AM   #6
bobya1994
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It appears unlicensed carry in Texas is actually a class C misdemeanor. Scroll down here to "illegally carrying a weapon in texas"

http://www.mytexasdefenselawyer.com/...apons-charges/

Quote:
Illegally carrying a weapon is a Class A misdemeanor, unless you do it at a business licensed to sell alcohol, a school, a polling place on election day, a court, or a racetrack. Then it becomes a third-degree felony.
Also says it's a felony if done at a place licensed to sell alcohol, which I'm not sure if a hotel/motel qualifies?

And yeah, I've just never gotten around to getting a CHL. Expense, time, inertia...I know I should, but TBH I pretty much never normally carry. I have like a couple times to a provider (the main time I can recall only because it was her apt rather than a public hotel, and I'm particularly nervous in another's abode). Another thing is my Dad got one, he's definitely a long time "gun nut", and he said he basically did not use it much, as he noted East Texas where we live just isn't a high crime area to justify carrying much. But yeah I know I should.

But even with CHL wouldn't it be an offense when seeing an escort if you got busted anyway? I believe so, as you'd be committing a crime other than traffic misdemeanor, so the CHL shouldn't matter than, you'd be in trouble either way, possibly even equally?
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Old 06-16-2016, 02:49 PM   #7
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I would suggest that when your picking a lady to go see, you don't put yourself in the situation where you feel you need to carry your gun in with you. When you arrive to a ladies incall if your uncertain about your safety you always have the option to walk away. Do your homework and pick reputable providers and stay away from the trashy areas.
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Old 06-16-2016, 03:39 PM   #8
ShysterJon
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This is the second recent thread on the issue of concealed-carrying while hobbying. The other:

http://www.eccie.net/showthread.php?t=1684573

The foregoing thread answers many of the OP's questions, but I'll provide brief answers anyway.

Question 1: Would illegally carrying a concealed weapon (such as a handgun) while committing prostitution aggravate the level of the prostitution offense?

Answer: No, not under Texas state law.

Question 2: Would legally having a concealed weapon (such as a handgun) in one's vehicle while committing prostitution aggravate the level of the prostitution offense?

Answer: No, not under Texas state law. Not even if you were fucking her in the car. By the way, it's highly unlikely the cops will search your car after arresting you for prostitution in a hotel room, apartment, house, etc. LE may only search a vehicle if there's probable cause they'll uncover evidence related to the subject matter of the arrest. What would they expect to find in your car? Levitra and breath mints?

Question No. 3: Would it be a good idea to leave your keys in the car (under the seat or something) and claim a friend dropped you off if you're ever busted (and then clam up about it)?

Answer: See answer to Question No. 2. It's unlikely the topic of your car would ever come up.

I also want to discuss this:

Quote:
Originally Posted by bobya1994 View Post
... I carry a small gun in my car and even sometimes (like once) in with me to see providers ... Heck once I ended up showing the provider because she basically wanted to case my pockets, and she was really cool with it, said she needed to get a gun like mine for herself etc.
I'm skeptical of your story. I hobbied for 25 years and saw hundreds of providers and never once did a provider express an interest in searching me. And the one time you carried a weapon a provider wanted you to empty your pockets? I don't think so...
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Old 06-16-2016, 03:57 PM   #9
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Quote:
Originally Posted by shooter6.5 View Post
It is a FELONY to be in possession of the weapon on yourself without the LTC license.
Under Texas state law, UCW (unlawful carrying of a weapon) can be a felony or misdemeanor, depending on the context.

Quote:
Originally Posted by bobya1994 View Post
It appears unlicensed carry in Texas is actually a class C misdemeanor.
No, it's not. You misread something. btw, that article you cite is very dated.

Quote:
Originally Posted by bobya1994 View Post
But even with CHL wouldn't it be an offense when seeing an escort if you got busted anyway? I believe so, as you'd be committing a crime other than traffic misdemeanor, so the CHL shouldn't matter than, you'd be in trouble either way, possibly even equally?
I've read this paragraph three times and I still can't tell WTF you're asking. Ask your questions clearly and precisely. Don't make us try to guess what you're asking.
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Old 06-16-2016, 05:30 PM   #10
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Quote:
Originally Posted by ShysterJon View Post
Under Texas state law, UCW (unlawful carrying of a weapon) can be a felony or misdemeanor, depending on the context.



No, it's not. You misread something. btw, that article you cite is very dated.

I've read this paragraph three times and I still can't tell WTF you're asking. Ask your questions clearly and precisely. Don't make us try to guess what you're asking.
Pretty sure he's saying if you have CHL and get busted during an appointment it wont matter whether you have the license or not because you're committing a crime WHILE carrying so you're still fucked.
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Old 06-16-2016, 05:49 PM   #11
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;;;;



I don't have a good feeling about this bobya1994 guy.


Not one bit.


Weird ass questions.


Makes the spider sense go off for me.

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Old 06-16-2016, 05:57 PM   #12
bobya1994
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Actually I didn't misread anything, I even quoted the relevant sentence (!) directly from the article I linked! Could not be clearer. Maybe you missed it? Hope that helps.

Whether the article is "dated" I dont know.

Then you state (not particularly helpfully) that unlicensed carry may or may not be a felony. I suspect this is something to do with the alcoholic beverages sold on premises type thing mentioned in the article. Or perhaps if you commit a violent crime with said unlicensed carry. But my guess is GENERALLY it's a misdemeanor (I will google it more).

But I will say the car info is very helpful and great to know. I dunno, I just always envisioned that if you get busted, the cops are gonna go through your vehicle with a fine tooth comb, looking for any spec of dust to charge you with,...but I see not.

Quote:
I've read this paragraph three times and I still can't tell WTF you're asking. Ask your questions clearly and precisely. Don't make us try to guess what you're asking.
I'm saying carrying while committing a crime EVEN WITH A CHL is a crime apparently. A lot of people mentioned "just get a CHL", but I think being busted with a escort with a gun with a CHL and without a CHL seems to me may be about the same thing. Either way you're going to get charged for the gun too. Because carrying with a CHL while committing any crime other than a minor traffic offense (so, presumably, seeing an escort) is itself a crime. Basically to diagram it, ignoring severity of charge because I dont know that and it seems impossible to get straight answers:

Caught with escort with gun with CHL=charged with escort, charged with gun

Caught with escort with gun without CHL=charged with escort, charged with gun

Same difference.

Quote:
I'm skeptical of your story. I hobbied for 25 years and saw hundreds of providers and never once did a provider express an interest in searching me. And the one time you carried a weapon a provider wanted you to empty your pockets? I don't think so...
Lol, not exactly sure why I would lie about that...but anyways, it happened, believe it or dont it doesn't matter. She pulled the 'ol I need to make sure you're not a cop/wearing a wire/whatever routine. And I've had that happen a few times, not with "casing pockets" but maybe "let me grab your junk/check you for wire to prove youre not a cop" type nonsense.

Too be fair, I'm typically extremely nervous when meeting with an escort, again dont ask me why it's just me. Many of them will pick up on that nervousness and get suspicious, others dont care, etc etc. To give you an example with her, the reason I was so nervous was that it was an pvt apt which I generally steer clear of any pvt residences as I feel they are less safe. I had recently read a story about a john in Dallas being robbed and killed by a man with an escort, in her apt, he came out of the kitchen with a shotgun, made him lie down, then IIRC killed him by hitting him in the back of the head with the shotgun butt (The dude in kitchen was like 300 pounds, scary). That is like my worst nightmare. I made her let me check every closet, bathroom etc to make sure nobody was hiding. Again, I'm kind of way overly paranoid I fully admit.

It may not have been the ONLY time I carried into an escort meeting, there was probably 3-4 times. Now that I think I can remember at least one other time. Whenever I'm feeling unusually unsafe for whatever reason, extra seedy motel or something.
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Old 06-16-2016, 05:58 PM   #13
bobya1994
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Quote:
Originally Posted by Keyhole Arc Blow View Post
Pretty sure he's saying if you have CHL and get busted during an appointment it wont matter whether you have the license or not because you're committing a crime WHILE carrying so you're still fucked.
Yeah, This is what I was trying to say. I made another post after you made this.

All this talk has made me realize I should just stick with outcall LOL (or better yet, quit the "hobby" altogether!). No way I want to do any time in jail...I had always assumed a 1st offense soliciting offense would probably be just a slap on the wrist, maybe a citation/probation/community service/whatever but now after learning more it seems like you might do jail time...
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Old 06-16-2016, 06:14 PM   #14
ShysterJon
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bobya1994: The sentence you quoted states UCW is a Class A misdemeanor, not a Class C misdemeanor.

I'm not going to get caught up in your chattiness. I'll just say a CHL-holder who commits prostitution would NOT also face a weapons charge. Under Texas state law, there is no aggravation of the offense of prostitution if a CHL-holder was concealed-carrying while committing the offense.
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