Confused About Gun Carry In Vehicle....

[JKTex]

The key is, "using reasonable judgment".

FWIW, 99% of the time I don't care if someone see's "Kimber" or "Glock" on a case I'm carrying, especially back and forth to my truck. But I carry a range bag so it's moot point. But I don't care if someone sees me re-holstering my gun in my driveway either. I don't flaunt it, and us "reasonable judgment" but am not too concerned.

 

[RacingJake]

Still wrong answer. No offense to an LEO's but they are not law makers nor do they practice the law nor should they be used for interpretation of the law. That's done in a court and you want to know, before court. Read the law. I'd take their opinion over a non-LEO since they enforce and should know better than the average citizen though.

txinvestigator does an awesome job of posting key parts.

I have more faith in our DPS guys than our local APD.

I'd like to know if it's a gray area so I can stay out of it.

Thanks for the info !!

 

[Mark F]

If you DON'T have your CHL;
While it may be "legal" to carry a consealed weapon in your car (HB1915), it's very much in your best interest NOT to volunteer that information, unless specifically ASKED.

If you DO have your CHL;
You must provide your drivers license AND your CHL. You MUST inform the LEO if you have a consealed weapon.

*** DO NOT LIE to a LEO, and don't volunteer information ***

 

[Mark F]

The key is, "using reasonable judgment".

FWIW, 99% of the time I don't care if someone see's "Kimber" or "Glock" on a case I'm carrying, especially back and forth to my truck. But I carry a range bag so it's moot point. But I don't care if someone sees me re-holstering my gun in my driveway either. I don't flaunt it, and us "reasonable judgment" but am not too concerned.

I take "good measure" not to display my personal carry... either accidentally or intentionally. I keep my "car" weapon well consealed but QUICKLY available if needed.

I have noticed receintly that many CHL "newbies" tend to expound on their new carry status. A word to the wise... STOP IT.


Mark

 

[txinvestigator]

If you DON'T have your CHL;
While it may be "legal" to carry a consealed weapon in your car (HB1915), it's very much in your best interest NOT to volunteer that information, unless specifically ASKED.

What do you mean by "may" be legal, and why is the word legal in quotes? Is there a part of the change that is unclear, misleading or open to street interpretation?

Why would it be in a peson's best interest not to tell an officer something that is not illegal to do?

 

[Mark F]

Your putting yourself in a very percarious situation, if you do not have a CHL. You have the right to own a gun and carry it in your car, however It cannot be within reach. It is my understanding as well, that you are only allowed to transport your gun to and from a range or a gun show.
Again, you are putting yourself at certain risk without a CHL.

This information is not completely correct.

Please read Texas HB 1815 and understand it.

Texas - HB 1815 Concealed Carry in Vehicle as of Sept. 1 2007 - Gold & Silver Forum

 

[Mark F]

What do you mean by "may" be legal, and why is the word legal in quotes? Is there a part of the change that is unclear, misleading or open to street interpretation?

Why would it be in a peson's best interest not to tell an officer something that is not illegal to do?

Because, many LEO's DO NOT KNOW it's legal, and they are not trained to the fullest extent of any specific law. So, if he/she encounters a situation that maybe questionable in his/her mind, then he/she will arrest you and let the courts decide... The situation is easily avoided.

Just so you will understand, "street interpretation" by every LEO is all you have when you are facing an officer, for whatever reason. He/she doesn't have to know the law to assess the current situation they are facing with YOU. If you spout off, or make a LEO un-comfortable for any reason... make no mistake, you are headed for trouble regardless of the legalities.

 

[JKTex]

This information is not completely correct.

Please read Texas HB 1815 and understand it.

Texas - HB 1815 Concealed Carry in Vehicle as of Sept. 1 2007 - Gold & Silver Forum

It was pretty much totally wrong but nonetheless was a month ago and had been corrected a few times.

Because, many LEO's DO NOT KNOW it's legal, and they are not trained to the fullest extent of any specific law. So, if he/she encounters a situation that maybe questionable in his/her mind, then he/she will arrest you and let the courts decide... The situation is easily avoided.

Just so you will understand, "street interpretation" by every LEO is all you have when you are facing an officer, for whatever reason. He/she doesn't have to know the law to assess the current situation they are facing with YOU. If you spout off, or make a LEO un-comfortable for any reason... make no mistake, you are headed for trouble regardless of the legalities.

Are you saying that LEO's on the street are solo, on their own, and if they don't clearly understand a law enough to take action, they are without any support for advice or direction? Especially for laws that are so close to what they will or can encounter every day? Before an arrest is made, is it not clear what the charge will be and has the LEO not gotten direction on the arrest prior to making the arrest?

You can't take action on speculation that a LEO does or does not know the law; you can only abide by the law as you know it and have faith that the LEA has the support mechanism in place for a LEO to carry out his/her duties in accordance with the law.

"...you are headed for trouble regardless of the legalities" Wow. If I were an LEO, I'd be offended by that.

 

[txinvestigator]

Are you saying that LEO's on the street are solo, on their own, and if they don't clearly understand a law enough to take action, they are without any support for advice or direction? Especially for laws that are so close to what they will or can encounter every day? Before an arrest is made, is it not clear what the charge will be and has the LEO not gotten direction on the arrest prior to making the arrest?

You can't take action on speculation that a LEO does or does not know the law; you can only abide by the law as you know it and have faith that the LEA has the support mechanism in place for a LEO to carry out his/her duties in accordance with the law.

"...you are headed for trouble regardless of the legalities" Wow. If I were an LEO, I'd be offended by that.

You are beating your head against a wall.

 

[Texas1911]

We are getting off into speculation and what-if. Let's stay on topic to the actual law itself.

 

[funkybassplayer]

what is "concealed?"

a lil back story...I am in sales with an audio/visual firm in my town and i spend most of my time driving all over the East Texas area. I have thought about carrying a small piece in my car because a fair amount of my territory is not in the nicest parts of town (or even the country side). My car has been approached before by people that looked as though they were up to no good and all i could do was peel out to get away. I have thought about the possibility that i might not be able to drive off from this situatuion and have read into the castle doctrine concering legal car carry. So what does concealed mean? Holstered under the seat, un/holsterd in the glove box? What if i have it laying in the pasager seat with my portfolio ontop of it, or maybe just a towel? Is this concealed.

 

[Texas1911]

Concealed means if someone walked up to the car they could not see it. You could have it laying in the passenger seat with a hat over it and it would be concealed.

 

[funkybassplayer]

ok Thanks. THats what i thought.

 

[SIG_Fiend]

Yep, the actual state code simply states that it must be concealed. Many people incorrectly assume it must be in the trunk, or that ammo must be stored separately, or any other number of choices. The state code simply states "concealed", so if the glovebox or center console works great. Under a jacket on the passenger seat, hey that's fine too. Just as long as it's not visible to anyone. Basically, the whole point of that law was to allow for law-abiding citizens to have a loaded handgun readily available in their car in case they need to defend themselves. I would experiment around with placement and try to find an area that is quick and easy to get to in an emergency.

 

[Renegade]

If you DO have your CHL;
You must provide your drivers license AND your CHL. You MUST inform the LEO if you have a consealed weapon.

No, there is no legal requirement to inform; only to provide the proper ID.

 

[JKTex]

what is "concealed?"

a lil back story...I am in sales with an audio/visual firm in my town and i spend most of my time driving all over the East Texas area. I have thought about carrying a small piece in my car because a fair amount of my territory is not in the nicest parts of town (or even the country side). My car has been approached before by people that looked as though they were up to no good and all i could do was peel out to get away. I have thought about the possibility that i might not be able to drive off from this situatuion and have read into the castle doctrine concering legal car carry. So what does concealed mean? Holstered under the seat, un/holsterd in the glove box? What if i have it laying in the pasager seat with my portfolio ontop of it, or maybe just a towel? Is this concealed.

As many have said when these questions keep coming up, you need to read and understand the laws and which ones address what. The "Castle doctrine" has nothing to do with carrying a concealed hand gun in your car. It addresses the use of deadly force.

 

[Mark F]

The Texas Concealed Handgun Laws & selected statutes 2007 - 2008

is available for free from

Concealed Handgun Licensing Bureau
Regulatory Licensing Service MSC 0245
Texas Department of Public Safety
P.O. Box 4087
Austin TX 78773-0245

You can also go to www.txdps.state.tx.us

 

[jimmy-buffett]

"...you are headed for trouble regardless of the legalities" Wow. If I were an LEO, I'd be offended by that.

I had my CHL class about a year ago, and the instructor said that some of the larger cities (San Antonio for example) tend to treat proving the legality of you carrying a concealed weapon in your car as something to be left up to the courts. He was specifically referring to the "traveling two counties overnight" part of the law.

So it may not be ignorance, but policy, that puts some people in court because of a weapon carried in their car.

I always tell people, if you want to carry it in your car, just get your CHL and be done with it. I try to avoid getting pulled over by police, but when I have been, having the CHL card and being cooperative usually have a positive impact on the situation, rather than a negative one.

 

[JKTex]

I had my CHL class about a year ago, and the instructor said that some of the larger cities (San Antonio for example) tend to treat proving the legality of you carrying a concealed weapon in your car as something to be left up to the courts. He was specifically referring to the "traveling two counties overnight" part of the law.

So it may not be ignorance, but policy, that puts some people in court because of a weapon carried in their car.

I always tell people, if you want to carry it in your car, just get your CHL and be done with it. I try to avoid getting pulled over by police, but when I have been, having the CHL card and being cooperative usually have a positive impact on the situation, rather than a negative one.

Oh no, not this again....... I wanted a smiling guy smashing his head but I had to make do.

If your CHL instructor really talked about that in current time, after the law was amended, he needs to go back to read the current law. But if he specifically talked about what you said above (bolded) he never understood the law and what the confusion was.

People don't end up in court for carrying a hand gun in their car unless they are in violation somehow (keeping it in plain view, committing a crime, a gangbanger, etc. etc.)......and where they're driving, for how long or how far has nothing to do with it.

Oh, and if you're pulled over and have a hand gun concealed in your car, and do not have a CHL, you DO NOT have to tell the officer therefore there is no issue. If you have given them a reason to search and find it, you've probably already gotten yourself in trouble before you got pulled over.

If you go back and read the thread starting at the beginning, you'll find many cites and links to the law explaining the whole carrying in your car issue. Bottom line, unless you are otherwise prohibited from owning the gun (the few points outlined in the law) you anyone can carry a hand gun, out of sight, in their car at any time. This and other threads clarify by siting and linking to the actual changes to the law.

 

[jimmy-buffett]

If your CHL instructor really talked about that in current time, after the law was amended, he needs to go back to read the current law. But if he specifically talked about what you said above (bolded) he never understood the law and what the confusion was.

My mistake, I checked my records and I took my CHL class in the fall of '06, not the fall of '07 (I remembered it was right before Christmas).

According to this article, the "traveling provision" was amended in 2007:

Texas Concealed Gun Laws Loosen - News - Dallas Observerpage 1 - Dallas Observer

I'm glad to know that this was changed, it seemed pretty goofy when the instructor explained it...