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scottjajr
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Posted: Thu Apr 16th, 2009 11:31 pm |
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| i been tryng to find out if an out of state driver can carry in their vehicle in texas
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Adahma
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Posted: Fri Apr 17th, 2009 04:59 am |
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When I got my concealed carry license the instructor said that even if you don't have a license to carry (being that it's concealed) your are protected under the "castle doctrine." I don't know if that applies to residents outside of Texas. But, I was talking to my uncle who is a cop and he said that you can't carry a loaded gun in your car period (if you don't have a CHL). If you transport you have to have the gun and the ammo in separate places, preferably with the gun in the trunk and the ammo in the glove box. Goes to show you that some cops don't know the law and you may get arrested anyway. The only sure way to transport a firearm is to have a concealed handgun license. Even then you are subject to the authority of the police officer, even if he is stupid. A guy got arrested for having a concealed handgun (he had a CHL) in the parking lot of a school, even though the law protects him. He even had the concealed gun law handbook and the cop mocked him and arrested him anyway. So, regardless of what anyone tells you, remember you are subject to the authority of a human being, whether evil, good, or just plain stupid.
Good luck!
AdahmaLast edited on Fri Apr 17th, 2009 05:10 am by Adahma
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Shorts
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Posted: Fri Apr 17th, 2009 02:21 pm |
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Adahma wrote: When I got my concealed carry license the instructor said that even if you don't have a license to carry (being that it's concealed) your are protected under the "castle doctrine." I don't know if that applies to residents outside of Texas. But, I was talking to my uncle who is a cop and he said that you can't carry a loaded gun in your car period (if you don't have a CHL). If you transport you have to have the gun and the ammo in separate places, preferably with the gun in the trunk and the ammo in the glove box. Goes to show you that some cops don't know the law and you may get arrested anyway. The only sure way to transport a firearm is to have a concealed handgun license. Even then you are subject to the authority of the police officer, even if he is stupid. A guy got arrested for having a concealed handgun (he had a CHL) in the parking lot of a school, even though the law protects him. He even had the concealed gun law handbook and the cop mocked him and arrested him anyway. So, regardless of what anyone tells you, remember you are subject to the authority of a human being, whether evil, good, or just plain stupid.
Good luck!
Adahma
Your uncle is wrong. You are wrong.
House Bill 1815
States (paraphrasing) As long as you're not in a gang, a convicted felon, or in the middle of committing a crime, you may carry a concealed firearm without a CHL in your vehicle.
In Texas what is know as "Car Carry" is legal without possessing a CHL. The gun must be concealed. Concealed means out of immediate sight. And you have no duty to inform the LEO in the event of a traffic stop. One must be legally of age to own a handgun.
The gentleman you cite for being arrested wasn't a cut and dry example and IIRC still an ongoing case.
Last edited on Fri Apr 17th, 2009 02:24 pm by Shorts
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NavyLT
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Posted: Fri Apr 17th, 2009 04:29 pm |
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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.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
It is perfectly legal for you to carry a concealed and loaded handgun on your property, en route to your vehicle, and in your vehicle. It becomes illegal if the handgun is NOT concealed, you are engaged in actual CRIMINAL activity, ineligible to possess the firearm to begin with, or in a street gang.
http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.46.htm
The law applies to anyone who is physically located within the state of Texas.
Last edited on Fri Apr 17th, 2009 04:31 pm by NavyLT
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Adahma
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Posted: Fri Apr 17th, 2009 05:43 pm |
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| I know my uncle is wrong. What I meant was that the only sure way to not get arrested for carrying in a car is to have your CHL, because my uncle (being wrong) would have arrested you. The point of my comment was to let the person know that regardless of the law you are subject to the person enforcing it. When I said, "The only sure way to transport a firearm is to have a concealed handgun license," I meant that majority of law enforcement will not arrest you because you do have the CHL. That's why I gave the example of the man who was obeying the law, but still got arrested. Regardless if he was perfectly obeying the law and regardless if it will get thrown out of court, you take the risk of getting arrested because of the ignorance of another human being. Carry on by all means.......
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Shorts
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Posted: Fri Apr 17th, 2009 05:48 pm |
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I see, you're referring to the chance one may have to go through the process if they do encounter an ignorant-to-the-law LEO.
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NavyLT
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Posted: Fri Apr 17th, 2009 05:48 pm |
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Adahma wrote: I know my uncle is wrong. What I meant was that the only sure way to not get arrested for carrying in a car is to have your CHL, because my uncle (being wrong) would have arrested you. The point of my comment was to let the person know that regardless of the law you are subject to the person enforcing it. When I said, "The only sure way to transport a firearm is to have a concealed handgun license," I meant that majority of law enforcement will not arrest you because you do have the CHL. That's why I gave the example of the man who was obeying the law, but still got arrested. Regardless if he was perfectly obeying the law and regardless if it will get thrown out of court, you take the risk of getting arrested because of the ignorance of another human being. Carry on by all means.......
Not if you request that a supervising officer come to the scene or you ask the officer to verify the wording of Texas Statute 46.02. You do have the ability to speak to most officers in a respectful manner. Respectfully, if your uncle so blatantly does not know simple laws and would not verify the statute that he is enforcing, he should be in a different line of work.
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nonameisgood
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Posted: Fri Apr 17th, 2009 05:56 pm |
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NavyLT wrote:
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...
It is perfectly legal for you to carry a concealed and loaded handgun on your property, en route to your vehicle, and in your vehicle. It becomes illegal if the handgun is NOT concealed, you are engaged in actual CRIMINAL activity, ineligible to possess the firearm to begin with, or in a street gang.
There is no requirement to conceal while carrying on your own property, only in a private vehicle.
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Adahma
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Posted: Fri Apr 17th, 2009 06:12 pm |
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| Exactly. It really ticked me off to hear him say that. Because I know one day he's going to take someone to jail who didn't need to go.
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tat2ed_guy
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Posted: Tue May 26th, 2009 06:35 pm |
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I was just talking to my brother this weekend that lives in texas. He was pulled over for having to many people in a vehicle without restraints. Long story short he had a raven .25 in his pocket. And the vehicle was his mother-in-laws. He was arrested for outstanding warrants for traffic violations. The LEO officer called to check about him having the pistol and if he was doing something illegal. The LEO (by the prosecutor im assuming) was told that if he wanted to he could charge him with it but it would get thrown out in court because the vehicle is an extension of your home. LEO told him since he was open with him about having it he wasnt going to waste his time with the charge and told him when he is released for the warrents he could pick his gun up at the station.
I thought that was AWSOME...
NavyLT, your all over this forum arent you?
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NavyLT
Regular Member
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Posted: Wed May 27th, 2009 11:14 pm |
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tat2ed_guy wrote:
NavyLT, your all over this forum arent you?
So are you! :-)
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NativeTexan
Regular Member
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Posted: Thu May 28th, 2009 02:57 am |
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| Does the meaning of a personal vehicle extend to a motorcycle with side/saddle bags?
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tat2ed_guy
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Posted: Thu May 28th, 2009 03:09 am |
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| Dont take my word for it but as long as it is concealed I would imagine.
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jrhickman2
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Posted: Thu Jun 18th, 2009 08:11 pm |
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| I have read all the postings, & multiple sites. My question is the same as the first guy's. Yes or no. Is it legal to carry my Taurus 24/7 .45 ACP in the holster unloaded with an extra clip (loaded), in the storage compartment of the holster, in my center console? I have yet to get the concealed carry license, due to financial limitations @ the moment. I need to know for sure if it is legal or I should stop as I was robbed @ gun point 3 months ago.
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nonameisgood
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Posted: Thu Jun 18th, 2009 09:40 pm |
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In Texas, if you can legally own a handgun, you may have that handgun in your passenger vehicle so long as it is out of sight. Loaded, cocked, locked, and holstered is fine, as long as it is concealed.
Put it in the glove box, in the console, or under the seat. Or lay it on the seat next to you under a jacket. Please make sure you're not going to discharge when you slam on the brakes or as you reach to grab it...
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NavyLT
Regular Member
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Posted: Thu Jun 18th, 2009 09:54 pm |
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How about the actual statute?
http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.46.htm
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.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
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NavyLT
Regular Member
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Posted: Thu Jun 18th, 2009 09:55 pm |
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jrhickman2 wrote: I have read all the postings, & multiple sites. My question is the same as the first guy's. Yes or no. Is it legal to carry my Taurus 24/7 .45 ACP in the holster unloaded with an extra clip (loaded), in the storage compartment of the holster, in my center console? I have yet to get the concealed carry license, due to financial limitations @ the moment. I need to know for sure if it is legal or I should stop as I was robbed @ gun point 3 months ago.
YES. Just curious as to why carry it unloaded, though.
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nonameisgood
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Posted: Thu Jun 18th, 2009 10:08 pm |
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NavyLT wrote: How about the actual statute? That would be the same statute you quoted previously in this same thread, and which apparently didn't answer the question clearly enough for the person asking the question.
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jrhickman2
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Posted: Thu Jun 18th, 2009 10:10 pm |
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| Because I am not familiar with the law on carrying yet. Don't need an unwanted felony for carrying a loaded pistol. My neighbor, a concealed carrier, said if I was traveling over 3 counties I could carry it loaded in my center console. A guy I work with who is concealed carrier, said the law has changed. I could be traveling to get bread @ the convenience store & be armed with it loaded in my center console. I want to be to the "T" when it comes to the law on firearms.
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NavyLT
Regular Member
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Posted: Fri Jun 19th, 2009 03:01 am |
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The "traveling" statute either got added to or revised. The traveling part is still on the books, to my knowledge. However, the actual statute regarding carrying a handgun in a vehicle ONLY specifies that it has to be concealed and that is all. Does not matter if it is loaded or not, and does not matter if it is concealed on the person or not. AND going between a residence and the vehicle is covered as well. NOTICE, however, the statute does specify only the owner of the vehicle or the operator of the vehicle. A passenger who does not own the vehicle is not covered.
Also, "traveling" was defined by the courts as when you leave a place and do not return to that same place during the same day. 3 counties has absolutely nothing to do with it. You go to aunt Judy's house next door and come back in the same day, you are not traveling. You go to aunt Judy's house next door and spend the night, then return, now you are traveling. I don't have the citation to that right at the moment, but it no longer applies to carrying in a vehicle anymore anyway.
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