cloudcroft
Campaign Veteran
imported post
I know this is in re: to Texas "CONCEALED" carry handgun law, but I need some help from TEXANS about gun law and there are Texans here, so I thought I'd ask...please forgive me for asking about CONCEALED matters.
I just had my TX CHL class today...just got home. Something I read and heard today in class was news to me and I thought it was wrong -- or superceded/revised --but it wasstated in the TX Concealed Handgun Laws 2007-2008version booklet (the "FAQ" section, pages 71-72) we received as part of our class packet, as well as seen in the online 2009 version TX Concealed Handgun Laws booklet "FAQ" at the TX DPS/CHL website (pages 71-71).
IHAD THOUGHT that if you were in your car -- CHL person or not -- you could have your gun within arm's reach -- like on the seat next to you -- as long as it was (1) covered/concealed, (2) you were not a gangster, and (3) were not engaged in criminal activity...and of course otherwise legally able to own a handgun. But the CHL instructor said if it was within your reach and did not require a "material change of body position" to get to it, it was considered "carrying" and had to be in the back seat (out of reach) or somewhere that required "a material changeof body position" in order to get to it.
I am not sure she meant this applied to a CHL holder (someone licensed) or a person NOT a CHL holder (UNlicensed) with a handgun in his/her own car (but still legally allowed toown a firearm) as I THOUGHT that a handgun inside your car -- since the "clarification" of "traveling" in TX a while back -- was like a gun inside your home: you could "carry" it anywhere inside your car, on the seat next to you or not, with no requirement of "a material change of body postion" to get to it, and whether you were a CHL person or not.
SoI HAD THOUGHT one could carry a handgun in your car ANYWHERE inside said car, whether it was accessible to you or not accessible to you...but was told that in order NOT be considering "carrying," the gun required a "material change in body position" to reach it...or you had to keep itin a locked glovebox, etc.
So I am just not understanding this right?
Is it some "gray area" even after the "travelling clarification" we saw a while back?
Whether one has a CHL or not, is a handgun in the carNOT to be within arm's reach orCAN it?
Does this issue depend on whether youare a CHL person (licensed) ora person without a CHL (unlicensed) or, as I HAD THOUGHT, it doesn't matter?
It's inside your car, so I thought all you had to do was just meet those 3 stipulations (keep it concealed, not be a gangster, and not be engaged in criminal activity).
So where does "a material change of body position" fit it?
Clarifications and corrections please?
-- John D.
I know this is in re: to Texas "CONCEALED" carry handgun law, but I need some help from TEXANS about gun law and there are Texans here, so I thought I'd ask...please forgive me for asking about CONCEALED matters.
I just had my TX CHL class today...just got home. Something I read and heard today in class was news to me and I thought it was wrong -- or superceded/revised --but it wasstated in the TX Concealed Handgun Laws 2007-2008version booklet (the "FAQ" section, pages 71-72) we received as part of our class packet, as well as seen in the online 2009 version TX Concealed Handgun Laws booklet "FAQ" at the TX DPS/CHL website (pages 71-71).
IHAD THOUGHT that if you were in your car -- CHL person or not -- you could have your gun within arm's reach -- like on the seat next to you -- as long as it was (1) covered/concealed, (2) you were not a gangster, and (3) were not engaged in criminal activity...and of course otherwise legally able to own a handgun. But the CHL instructor said if it was within your reach and did not require a "material change of body position" to get to it, it was considered "carrying" and had to be in the back seat (out of reach) or somewhere that required "a material changeof body position" in order to get to it.
I am not sure she meant this applied to a CHL holder (someone licensed) or a person NOT a CHL holder (UNlicensed) with a handgun in his/her own car (but still legally allowed toown a firearm) as I THOUGHT that a handgun inside your car -- since the "clarification" of "traveling" in TX a while back -- was like a gun inside your home: you could "carry" it anywhere inside your car, on the seat next to you or not, with no requirement of "a material change of body postion" to get to it, and whether you were a CHL person or not.
SoI HAD THOUGHT one could carry a handgun in your car ANYWHERE inside said car, whether it was accessible to you or not accessible to you...but was told that in order NOT be considering "carrying," the gun required a "material change in body position" to reach it...or you had to keep itin a locked glovebox, etc.
So I am just not understanding this right?
Is it some "gray area" even after the "travelling clarification" we saw a while back?
Whether one has a CHL or not, is a handgun in the carNOT to be within arm's reach orCAN it?
Does this issue depend on whether youare a CHL person (licensed) ora person without a CHL (unlicensed) or, as I HAD THOUGHT, it doesn't matter?
It's inside your car, so I thought all you had to do was just meet those 3 stipulations (keep it concealed, not be a gangster, and not be engaged in criminal activity).
So where does "a material change of body position" fit it?
Clarifications and corrections please?
-- John D.