Confused About Gun Carry In Vehicle....

[JKTex]

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

And how ever he explained it was just his interpretation because the major problem was, "traveling" wasn't defined so there was no consistency.

I sometimes wonder how some stuff makes it into law....

 

[Renegade]

And how ever he explained it was just his interpretation because the major problem was, "traveling" wasn't defined so there was no consistency.

Maybe, maybe not. many of these "interpretations" are defined by the Texas Supreme Court in Case Law dating back over 120 years and are 100% valid. Unfortunately, the cop who is going to arrest you may not know them all, so while you will beat the rap, you will not beat the ride.

 

[JKTex]

Maybe, maybe not. many of these "interpretations" are defined by the Texas Supreme Court in Case Law dating back over 120 years and are 100% valid. Unfortunately, the cop who is going to arrest you may not know them all, so while you will beat the rap, you will not beat the ride.

It no longer matters since it's not longer and issue though.

 

[Renegade]

It no longer matters since it's not longer and issue though.

Huh? All those Rulings are still valid and will matter a lot if you get arrested. many are still used today to prevent arrest/prosecution.

 

[JKTex]

Are we talking about the same thing? The whole "Traveling" issue?

If so, in 2007 that was amended and is no longer really a question. HB1815 now clearly states what you cannot do, not what you can do. Having a handgun concealed in your car is not something prohibited, nor comes with qualifications.

I'm not addressing the outside chance that all the rumor and innuendo could happen, as in a dumb ass makes an arrest with no prohibited behavior or activity or a dumb ass DA that thinks they can make a case. So far I've not heard of even 1 case where that's come true.

 

[txinvestigator]

Are we talking about the same thing? The whole "Traveling" issue?

If so, in 2007 that was amended and is no longer really a question. HB1815 now clearly states what you cannot do, not what you can do. Having a handgun concealed in your car is not something prohibited, nor comes with qualifications.

.

Traveling still remains under 45.15 of the Penal Code as a reason UCW (Unlawful Carrying a Weapon) would not apply to a person. There are other ways of traveling besides being in a motor vehicle.


And under HB1815 (which made changes to UCW, Penal Code 46.02) there are restrictions on car carry.

 

[Old Man of the Mountain]

I do not have a concealed gun permit but understand that I can now legally carry a concealed weapon in my vehicle in Texas. I only do this to carry guns between my house and weekend place where I target shoot and occassionally hunt. My question is this....Even if someone is legally allowed to carry a concealed weapon in their vehicle would it be legal if they pulled it out of the vehicle in public and used it in a situation to protect the life of another? Or would they be SOL legally? I have never had any intention of brandishing a weapon out in public but wonder what the consequences would be if a dangerous situation arose. I have always been leary of the legal system since I am not educated in the many different ways laws can be interpretted. Thanks.....

There was a situation once here in Texas, and something similar has probably happened several times.

A lady had a revolver in her purse while a single criminal had his back to her, and was gunning down unarmed individuals, but she did not take her revolver out of her purse because she was afraid of what the Law might do to her.

That is the situation that Anti-American Communists in the Washington Government and the Washington Government's Judicial System have created!

We will never get our Nation back, unless we Take it back!

 

[Old Man of the Mountain]

Are we talking about the same thing? The whole "Traveling" issue?

If so, in 2007 that was amended and is no longer really a question. HB1815 now clearly states what you cannot do, not what you can do. Having a handgun concealed in your car is not something prohibited, nor comes with qualifications.

I'm not addressing the outside chance that all the rumor and innuendo could happen, as in a dumb ass makes an arrest with no prohibited behavior or activity or a dumb ass DA that thinks they can make a case. So far I've not heard of even 1 case where that's come true.

It is even worse because all the large cities in Texas turn away qualified Police Officers with good sense and experience just so that they can fill Racial Quotas with whatever they can manage to put into a uniform.

The Political Machines in all the large Texas cities are playing Russian Roulette with Texas Citizens, and their game might cost your Life or your Freedom.

 

[txinvestigator]

There was a situation once here in Texas, and something similar has probably happened several times.

A lady had a revolver in her purse while a single criminal had his back to her, and was gunning down unarmed individuals, but she did not take her revolver out of her purse because she was afraid of what the Law might do to her.

You are talking about the Luby's Massacre in Killeen in 1991. Suzzana Hupp is the lady involved, and her handgun was not in her purse, it was in her vehicle.

But your point is valid, had she had her handgun with her she clearly could have saved lives that day.

 

[txinvestigator]

It is even worse because all the large cities in Texas turn away qualified Police Officers with good sense and experience just so that they can fill Racial Quotas with whatever they can manage to put into a uniform.

.

Reverse discrimination is a concern these days; however, what has that to do with whether or not you can carry in a car?

 

[Leper]

Quick question. If I have my pistol inside my range bag on the passenger seat, is it concidered concealed?

 

[juwaba98]

Quick question. If I have my pistol inside my range bag on the passenger seat, is it concidered concealed?

Yes. Look up the definition of concealed. If it cannot be seen, it is concealed.

 

[nalioth]

Quick question. If I have my pistol inside my range bag on the passenger seat, is it concidered concealed?

Simple answer: Can the handgun be seen from outside the vehicle?

No "but I see a Browning HiPower gun box!"

No "but I see a bag with "RUGER" in big letters on the side with gun magazines and ear muffs and a gun cleaning kit sticking out of it!"

The gun has to be visible for there to be an issue.

 

[Leper]

Thats what I thought, but I did have to explain it once.

 

[robocop10mm]

Maybe, maybe not. many of these "interpretations" are defined by the Texas Supreme Court in Case Law dating back over 120 years and are 100% valid. Unfortunately, the cop who is going to arrest you may not know them all, so while you will beat the rap, you will not beat the ride.

Many, if not most, "interpretations" from 120 years ago are completely moot now as the entire penal Code was scrapped and rewritten in 1974 and again since then. Generally these interpretations are of specific statutes that are no longer valid making the interpretations invalid as well.

Steet cops do not know all case law and often times must ask a supervisor or senior officer for assistance. Some jurisdictions have adversarial attitudes with the public and teach agressive enforcement as a tool to control crime. They may not care if the case is ultimately dismissed. The adage "you can beat the rap, but you will not beat the ride" is still alive and well with some officers/agencies.

Common sense is uncommon.

Gun in vehicle, no CHL? Drive the speed limit and shut up if stopped. do not give the officer reason to search. If you smoke weed in your car, you WILL get searched so leave the gun at home.

 

[Shootemuptex]

I asked an HPD sargent today about the legality of having a concealed hand gun in my personal vehicle. He stated that it depends on the circumsatances. I explained to him the 1) I was lawful in owning a handgun 2) I was not involved in criminal activity ) I was not a member of a street gang 4) the weapon was concealed. He stated that the circustances would dictate if charges would be filed. I have read the amended legislation over and over for clearity. The 4 above mentioned requirements would all be met yet, there is still a possibability that I could be processed. It is scary to me that those who are responsible for upholding law, (in some cases) do not know what the actual law is. Did I misinterpret the law or miss vital information as to whether it is legal to carry a concealed hand gun in your vehicle?

 

[txinvestigator]

I asked an HPD sargent today about the legality of having a concealed hand gun in my personal vehicle. He stated that it depends on the circumsatances. I explained to him the 1) I was lawful in owning a handgun 2) I was not involved in criminal activity ) I was not a member of a street gang 4) the weapon was concealed. He stated that the circustances would dictate if charges would be filed. I have read the amended legislation over and over for clearity. The 4 above mentioned requirements would all be met yet, there is still a possibability that I could be processed. It is scary to me that those who are responsible for upholding law, (in some cases) do not know what the actual law is. Did I misinterpret the law or miss vital information as to whether it is legal to carry a concealed hand gun in your vehicle?

No, you didn't miss anything. The Sergeant did, or he was being intentionally evasive. In fact, his "depends on the circumstances" answer is accurate, yet leaves him capable of replying that he never told YOU that YOUR particular circumstance was legal.

 

[kville79]

I've been pulled over for a traffic violation before (N. Austin/Pville) and had my pistol in a pistol case sitting on the passenger seat. Never had a problem, well other than my traffic violation

 

[Old Man of the Mountain]

I have been driving since I was 10 on private property, and 15 on public streets (that has been a real long time) and I have never been stopped and had my vehicle searched.

My advice is don't get searched!

Having Police Officers in my own family, I am convinced that Police Officers do not know what the actual rules and regulations are concerning any firearms.

I am also convinced that I could not possibly know or understand them either, so I don't volunteer any information.

 

[txinvestigator]

Having Police Officers in my own family, I am convinced that Police Officers do not know what the actual rules and regulations are concerning any firearms.

I am also convinced that I could not possibly know or understand them either, so I don't volunteer any information.

How sad for your family.

However, I can show you Texas' fairly simple Firearms laws, so you'll at least know them.