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Thread: Driver arrested after gun discovered

  1. #1
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    When I read this story today, I was left thinking/questioning--Is there a law in Texas requiring a gun license? I lived in Texas 18 years and never knew this. I live 40 miles from El Paso now and carry my gun daily with me (I have a concealed carry license in NM). I know Texas reciprocates. But for your average Joe, what did I miss?

    Driver arrested after gun discovered
    EL PASO -- El Paso police arrested a 41-year-old motorist Thursday night after an alleged road rage incident.
    Police said Moises Grau waved a handgun at another motorist as they drove along the 11400 block of Martin Luther King Boulevard.
    The victim told police he was not threatened by Grau but wanted to report the incident.
    During their investigation, officers found a handgun in Grau's truck and learned that Grau did not have a gun license. Police arrested Grau on suspicion of unlawful carrying of a weapon, and booked him into the El Paso County Jail. Grau was freed Friday on a $750 bond.
    http://www.elpasotimes.com/news/ci_15282319

  2. #2
    State Researcher lockman's Avatar
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    Should not be a problem as long as it was concealed in the vehicle and no other prohibiting factors.

  3. #3
    Regular Member Jack House's Avatar
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    Yes, carrying a handgun with you in your car is legal whether you have a permit or not. The below is current state law as of September 2009.

    PC §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, know-
    ingly, 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 misde-
    meanor 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, regard-
    less 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.

  4. #4
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    Jack House wrote:
    Yes, carrying a handgun with you in your car is legal whether you have a permit or not. The below is current state law as of September 2009.

    PC §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, know-
    ingly, 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 misde-
    meanor 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, regard-
    less 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.
    Since it was reported that he waved the gun wouldn't that put it in the plain view category? Does this also mean that in TX as long as the gun is concealed in the car you are OK. I am not familiar with TX law.

  5. #5
    Regular Member rodbender's Avatar
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    PT111, you are absolutely correct. If he hadn't waved it around, nobody would know it was there and no 911 call, no search, and no foul. Maybe something about assault in this somewhere as well. If you wave a gun aroundthat is supposed to be concealed, it may be considered a threat, don't know for sure. IANAL
    The thing about common sense is....it ain't too common.
    Will Rogers

  6. #6
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    IMO He showed it so he did not have the exception provided by the MPA. Additionally the complainant almost assuredly disuaded the LEO from filing Disorderly Conduct charges due to their statement of "not being scared" however the DA may have differing views. I could see a justified DC charge as he displayed the Firearm in a manner calculated to alarm..... again MO

  7. #7
    Regular Member Jack House's Avatar
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    PT111 wrote:
    Since it was reported that he waved the gun wouldn't that put it in the plain view category? Does this also mean that in TX as long as the gun is concealed in the car you are OK. I am not familiar with TX law.
    Yeah, my bad for not clarifying that it has to be concealed.


    As long as it is in the car and concealed, it can be loaded and sitting in your lap, though I don't recommend that. :P

  8. #8
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    He also lost the law's protection when he started engaging in criminal activity other than a Class C misdemeanor traffic violation. In other words, the road-raging.


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