Pocket carry is illegal in my vehicle?

[cycleguy2300]

and I thought it was if its not on you it has to be out of sight if its in your car.

There are multiple "authoritiies" under which you can carry handguns in Texas.

Listed most permissive to most restrictive

- Peace office exemption
(Texas PC 46.15)
Exempts licensed peace officers from PC46.02 and PC46.03, allowing them to pretty much carry anything, anywhere, anyway.

-Texas LTC
(govt code sub-chap H, Chap 411)
(Texas PC 46.02 & 46.035)
allowed you to conceal or open carry most anywhere not explicitly prohibited by statute or posted with 30.06 and 30.07. Open carry required a "holster"

Texas Permitless Carry
Texas PC46.02(1) and (a-5)
If you are 21 and not a prohibited person and not a prohibited place carry a handgun on or about them (concealed) and in plain view in a holster.

-Motorist Protection Act
Texas PC46.02(a-1)
If 21 and not a prohibited person and not in a prohibited place it allows the person in control of a vehicle to carry a handgun in the vehicle if it is concealed.


In short:

-LTC, CC and MPA all allow concealed carry

-LTC and CC allow concealed and open carry (in holster) with a few key differences in where etc.

-MPA only allows for concealed carry in a vehicle under your control

What seems odd is that if any restrictions such as these were placed on voting you'd hear all sorts of screams about violations of rights, yet there is no amendment saying the right of the people to vote shall not be infringed...

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[rotor]

This stuff is not nuclear science.

 

[Axxe55]

This stuff is not rocket surgery.

FIFY!

 

[robertc1024]

Lesson learned just place your guns on the seat and be good to go.

Have you read about the FBI trying to apprehend the bank robbers? FBI handguns on the seat. They tried to wreck the bank robbers and lost control of their guns. Flew off the seat, onto the floorboard, etc. I think having an unrestrained gun is a bad idea.

 

[rotor]

FIFY!

Close enough.

 

[majormadmax]

Lesson learned just place your guns on the seat and be good to go. Cops are Not gun control officers and so many of them know nothing of the laws pertaining much less know guns in general other then what they were taught about their carry weapons. Sad but true.

Again, more bad advice with no reference...

 

[stdreb27]

If I'm pulled over by an LEO: I'll show him/her my DL, insurance and proof of registration if asked.

I won't volunteer my LTC and carry status unless asked...

Why not?

I'm not obligated to...and I'm not one to worry about 'retribution' that I might 'offend' said LEO.

And no, he or she 'doesn't' have my permission to search my vehicle.

Oh, then we're gonna bring a K-9 and ah, it's gonna be a long wait, so why not just let us search?

Ah, because I'm not 'obligated' to give you my permission to search and if it takes all day to get the K-9, I have a book with me...and I'll remain polite and cordial, but I won't budge...

Suprímeme court ruled they cannot extent the Interaction to wait for a police dog.


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[ZX9RCAM]

Suprímeme court ruled they cannot extent the Interaction to wait for a police dog.


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When was this?

 

[stdreb27]

When was this?

2015

https://www.supremecourt.gov/opinions/14pdf/13-9972_p8k0.pdf

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[General Zod]

Warning for headlight out.

Use the trooper's name and badge number from the warning, call his sergeant, and inform him that Barney Fife needs to "get an education" as well as an attitude adjustment. It's one thing to be wrong about something, it's quite another to be arrogantly wrong with a swagger.

 

[General Zod]

I know. I was just saying I didn't want to out him with his co-workers. I think they can see who performed previous stops though.

You absolutely need to "out" him to his coworkers and superiors. He's being a dumbass and could wind up costing an innocent person a night in jail, a lot of money, and other consequences. He's a menace with this lack of knowledge backed by a superior attitude.

 

[Charlie]

Citizens should get to know their local law enforcement folks. Going to city/county meetings and participating in volunteer chores, etc. is a good way to get to know the local law enforcement. The majority of the city/county employees where I live are nice folks and just like everybody else.

 

[majormadmax]

Citizens should get to know their local law enforcement folks. Going to city/county meetings and participating in volunteer chores, etc. is a good way to get to know the local law enforcement. The majority of the city/county employees where I live are nice folks and just like everybody else.

Many larger departments/agencies have outreach programs for citizens to do just that. I attended the SAPD Citizens Academy years ago. It was a once-a-week class held in the evenings where every aspect of the department was briefed and demonstrated. It also included a ride-along. The SAPD also has several volunteer programs for citizens, including one that involves patrolling and issuing citations/warnings for certain parking offenses (handicap and fire lane violations). That program does require additional training and qualifications.

 

[ScottDLS]

You do, but there is no longer a punishment if you don’t.

Yeah there’s no longer a punishment for failing to show your LTC, if you have one, and you are carrying, when ID is legally demanded, and there hasn’t been, for 18 years. There is not and was never a duty to “notify“ a LEO that you are carrying a handgun. Just to present the CHL. And that went away in 2003.

 

[ScottDLS]

No sir that is not true. That did not change when it became an LTC. It is still a requirement.

There is no “duty to notify”, there never has been. There is a requirement to display your license under certain specific circumstances when you are carrying, but no penalty for failing to do so.

I‘m carrying a 12” “weapon” in my pants, but I don’t have a duty to notify. She can measure it herself if she wants…

 

[toddnjoyce]

Yeah there’s no longer a punishment for failing to show your LTC, if you have one, and you are carrying, when ID is legally demanded, and there hasn’t been, for 18 years. There is not and was never a duty to “notify“ a LEO that you are carrying a handgun. Just to present the CHL. And that went away in 2003.

Per the code the penalty was struck in 2009.

Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.01, eff. September 1, 2009.

Here’s the pertinent act: https://capitol.texas.gov/tlodocs/81R/billtext/html/HB02730F.HTM

What am I missing from 2003?

 

[Brangus]

So when the wife and I are out on a date and I want to wear light clothing or even shorts, for comfort, my little Seecamp goes in my pocket. Out of sight and "concealed". Been doing this for years. I've had a CHL for most of my adult life.

 

[BillM]

Why were you pulled over?

I hope it wasn't for acting a fool on the road,
or all this harassment... MIGHT be justified...

People who don't get pulled over packing heat,
are the ones that don't act a fool on the road...

I have personally never seen anyone, not acting a fool...
get pulled over.

I got pulled over for a brake light not working two days after the yearly state inspection. I wasn't doing anything foolish. And I don't check the lights everyday, no one does. One time in Houston back in the 70's I got stopped because I changed lanes three times because a cop was tailgating me on I 45.

 

[General Zod]

So when the wife and I are out on a date and I want to wear light clothing or even shorts, for comfort, my little Seecamp goes in my pocket. Out of sight and "concealed". Been doing this for years. I've had a CHL for most of my adult life.

A $16 pocket holster is a good idea for that. If nothing else, it keeps the pistol oriented properly in your pocket.

 

[ScottDLS]

Per the code the penalty was struck in 2009.

Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.01, eff. September 1, 2009.

Here’s the pertinent act: https://capitol.texas.gov/tlodocs/81R/billtext/html/HB02730F.HTM

What am I missing from 2003?

2003 was when 46.02 was changed by MPA to make car carry not a crime, at the same time the penalty for not complying w/ GC 411.205 was removed. Nothing on the 2009 law governing the DPS affected this in any way.