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carrying handgun in my vehicle
- Thread starter scottjajr
- Start date
imported post
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
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
Shorts
Lone Star Veteran
imported post
Adahma wrote:
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.
Adahma wrote:
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.
imported post
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.......
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.......
Shorts
Lone Star Veteran
imported post
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.
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.
nonameisgood
Regular Member
imported post
NavyLT wrote:
NavyLT wrote:
There is no requirement to conceal while carrying on your own property, only in a private vehicle.
tat2ed_guy
Regular Member
imported post
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?
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?
NativeTexan
Regular Member
imported post
Does the meaning of apersonal vehicle extend to a motorcycle with side/saddle bags?
Does the meaning of apersonal vehicle extend to a motorcycle with side/saddle bags?
tat2ed_guy
Regular Member
imported post
Dont take my word for it but as long as it is concealed I would imagine.
Dont take my word for it but as long as it is concealed I would imagine.
jrhickman2
Regular Member
imported post
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.
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.
nonameisgood
Regular Member
imported post
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...
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...
nonameisgood
Regular Member
imported post
NavyLT wrote:
NavyLT wrote:
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.
jrhickman2
Regular Member
imported post
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.
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.
nonameisgood
Regular Member
imported post
The traveling provision that was on the books 20 years ago said that you could not carry a handgun unless you were "traveling", and allowed the carry to be in plain view.
Case law held that traveling was defined by overnight travel or crossing two or more county lines (hence the three counties mentioned, although you could cross out of and in to the same county - keeping in mind that Presidio and Brewster counties are bigger than some states.)
In 2005, according to TXDPS, that rule was strengthened by legislation which made a presumption of traveling statutory.
The newer law (2008) PC 46.02 makes it unlawful to carry a handgun in a motor vehicle if it is plain view, but allows it to be carried while hidden, no matter the circumstance (within the provisions quoted previously.)
The traveling provision that was on the books 20 years ago said that you could not carry a handgun unless you were "traveling", and allowed the carry to be in plain view.
Case law held that traveling was defined by overnight travel or crossing two or more county lines (hence the three counties mentioned, although you could cross out of and in to the same county - keeping in mind that Presidio and Brewster counties are bigger than some states.)
In 2005, according to TXDPS, that rule was strengthened by legislation which made a presumption of traveling statutory.
The newer law (2008) PC 46.02 makes it unlawful to carry a handgun in a motor vehicle if it is plain view, but allows it to be carried while hidden, no matter the circumstance (within the provisions quoted previously.)
jrhickman2
Regular Member
imported post
Cool, thanks for the knowledge. I will write back here in a little while.
Cool, thanks for the knowledge. I will write back here in a little while.
imported post
Thanks in advance to anyone who tries to help answer my question.
Background:
I'm a 20 year old male(soon to be 21) from the South-Houston area of Texas. A very close friend of mine was recently accepted into a College about 4 hours away from me, and I would like to go visit every now and then.
Problem:
Some of the roads I'll be traveling on, have a reputation for being uninhabited and dangerous at night/early am (when I'll be traveling). I'd like to take a firearm with me when I go visit her, just to be on the safe side. I don't anticipate a problem, but in today's world you never know who is going to try and run you off the road, rob you, and kill you.
I would like to know if it would be lawful for me to carry some type of handgun in my glove box when I travel. If it is, can you name the specific law and amendment to said law (if that applies). I don't mind looking them up myself if you can provide the name of the bill. I'd like to print them out as a reference if I'm ever stopped by a police officer and hassled.
Also, I'll more than likely be staying overnight in the dorm (which is fine by the college's policy (especially since hotels are so expensive). Is there any particular law that says a firearm can't be left in the glove box?
Pretty much, I'd like to be able to go on this trip with said firearm in my glovebox, without ever having to take it out. I'd like to put it in there, and take it out when I get back home from the trip.
I understand that there is always a "risk" of the officer not knowing the law, but I am willing to take that risk. I have an excellent defense attorney if that ever hypothetically became a problem.
Again, thank you to anyone who attempts to help answer this question. I've heard a lot of different answers from a lot of different people (my local police department said I'm not even supposed to have a handgun if I'm not 21, and I know that much isn't true). If you can't ask the police, who can you ask?
Thanks in advance to anyone who tries to help answer my question.
Background:
I'm a 20 year old male(soon to be 21) from the South-Houston area of Texas. A very close friend of mine was recently accepted into a College about 4 hours away from me, and I would like to go visit every now and then.
Problem:
Some of the roads I'll be traveling on, have a reputation for being uninhabited and dangerous at night/early am (when I'll be traveling). I'd like to take a firearm with me when I go visit her, just to be on the safe side. I don't anticipate a problem, but in today's world you never know who is going to try and run you off the road, rob you, and kill you.
I would like to know if it would be lawful for me to carry some type of handgun in my glove box when I travel. If it is, can you name the specific law and amendment to said law (if that applies). I don't mind looking them up myself if you can provide the name of the bill. I'd like to print them out as a reference if I'm ever stopped by a police officer and hassled.
Also, I'll more than likely be staying overnight in the dorm (which is fine by the college's policy (especially since hotels are so expensive). Is there any particular law that says a firearm can't be left in the glove box?
Pretty much, I'd like to be able to go on this trip with said firearm in my glovebox, without ever having to take it out. I'd like to put it in there, and take it out when I get back home from the trip.
I understand that there is always a "risk" of the officer not knowing the law, but I am willing to take that risk. I have an excellent defense attorney if that ever hypothetically became a problem.
Again, thank you to anyone who attempts to help answer this question. I've heard a lot of different answers from a lot of different people (my local police department said I'm not even supposed to have a handgun if I'm not 21, and I know that much isn't true). If you can't ask the police, who can you ask?
jrhickman2
Regular Member
imported post
It's the motorist protection Act. Passed: 5/26/2007Signed by Gov. Rick Perry: 6/16/2007 &went into effect 9/1/2007. Its a replacement for the 2005 law. Traveling was defined as crossing 4 county lines, & not inteding to come back that day. New law defines traveling as going to the local store for a loaf of bread. For years, Texas Law providedfor a defense to prosecution against a charge of carrying a concealed handgun w/o a permit if the person was, "traveling." However "traveling" was never defined by law. In 2005, the Texas Legislature passed a bill establishing that a person is presumed to be traveling if he or she is in a private motor vehicle, is not engaged in criminal activity, is not prohibited by law from owning/possessing a handgun/firearm, & is not a member of a criminalstreet gang. The clear intent was to protect law abiding citizens' right to carry a handgun concealed for personal protection in their car's/trucks w/o needing a CHL(Concealed Handgun License). However, some District attorney's in Texas have thumbed their nose at the intent of the law& have gone so far as to issue public statements that they will arrest anyone found within their jurisdiction to be carrying a handgun in his or her vehicle without a CHL. Further changes are necessary to address this problem.
HB1815includes the same safeguards & requirements passed by the 79th Legislature: however it will no longer be an offense for Texans to have a handgun in their vehicle or a vehicle under their control.
It's the motorist protection Act. Passed: 5/26/2007Signed by Gov. Rick Perry: 6/16/2007 &went into effect 9/1/2007. Its a replacement for the 2005 law. Traveling was defined as crossing 4 county lines, & not inteding to come back that day. New law defines traveling as going to the local store for a loaf of bread. For years, Texas Law providedfor a defense to prosecution against a charge of carrying a concealed handgun w/o a permit if the person was, "traveling." However "traveling" was never defined by law. In 2005, the Texas Legislature passed a bill establishing that a person is presumed to be traveling if he or she is in a private motor vehicle, is not engaged in criminal activity, is not prohibited by law from owning/possessing a handgun/firearm, & is not a member of a criminalstreet gang. The clear intent was to protect law abiding citizens' right to carry a handgun concealed for personal protection in their car's/trucks w/o needing a CHL(Concealed Handgun License). However, some District attorney's in Texas have thumbed their nose at the intent of the law& have gone so far as to issue public statements that they will arrest anyone found within their jurisdiction to be carrying a handgun in his or her vehicle without a CHL. Further changes are necessary to address this problem.
HB1815includes the same safeguards & requirements passed by the 79th Legislature: however it will no longer be an offense for Texans to have a handgun in their vehicle or a vehicle under their control.
imported post
Thanks for the info, jrhickman!
I'll read those bills when I get home from work (while at work I have a bit of downtime here and there to make short posts)
As far as your knowledge goes, is there any age restriction?
I know I am legally allowed to own a handgun (you just have to be 21 to buy from an licensed dealer) but is there any restriction that says you must be at least 21 to have a handgun in your vehicle?
Thanks for the info, jrhickman!
I'll read those bills when I get home from work (while at work I have a bit of downtime here and there to make short posts)
As far as your knowledge goes, is there any age restriction?
I know I am legally allowed to own a handgun (you just have to be 21 to buy from an licensed dealer) but is there any restriction that says you must be at least 21 to have a handgun in your vehicle?
jrhickman2
Regular Member
imported post
I'm not certain on a age limit. I'm 29
I'm not certain on a age limit. I'm 29