There was no sign or otherwise indication that guns were not permitted. The gun was inside the manufacturer's case, which case was inside an opaque plastic bag...so it was not visible based on two layers of concealment.
Would this have been a violation?
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There was no sign or otherwise indication that guns were not permitted. The gun was inside the manufacturer's case, which case was inside an opaque plastic bag...so it was not visible based on two layers of concealment.
I agree. I've not memorized all the laws regarding carrying weapons but..........I've never come across one in Texas that differentiated between loaded or unloaded. I do know there are several states that have laws that to address guns being loaded or unloaded but I haven't seen any from Texas. If you've got hold of your case with the weapon in it, I can't see the legal difference between that and a fanny pack type carry. Kinda' like if a female had one in her purse. Assuming the person had a CHL.
How does one legally get a gun to their home if they buy it at a gun store and do not have their own vehicle or possibly using public transportation? (assuming they do not have a CHL). Just asking.
Remember the law was changed in 2007 to allow car carry. Before that, for a long time, people could legally buy guns and carry them home. There is a history of judicial decisions. But, a stop which is not necessary to the journey (such as grocery shopping) would be unlawful carry.
Is this coinciding with Charlie's question that I was replying to?
Let me put it a different way. If I lived in an apartment in downtown or surrounding San Antonio and I walked to a gun store a short distance and bought a pistol, is there any legal way for me to carry it back to my apartment (assuming I did not have a CHL)? I've not been able to find a law applicable to this situation.
There is case law on everything, sooner or later. I'm not walking to buy a gun, I was just wondering how someone would buy one if they didn't have their own vehicle. Guess we will have to wait until someone is arrested for it and see how they come out in court.
The easiest answer is a question: Why not simply go home, drop the gun off, then get the oil change? Shouldn't take that much more time, and completely eliminates the issue. With a CHL, the OP was fine, but I'm talking about if it was a person that did not.
The OP has a CHL, and did not violate any laws. The law does not make any distinction between on or off body carry, therefore it's up to everyone how they want to do it.
As far as the academic side of things, lets refer back to 46.02 and see what the law actually says:
So basically, the customer wouldn't be on their own premises and would not be in control of the premises. In this case the person is just a customer and was never given some authorization of control of the premises by the owner.
In addition to that, the customer would not be inside a motor vehicle/watercraft owned by them or under their control, and it is highly debatable whether they are "en route" to the vehicle. It specifically states directly en route. My take on it is that the actions of taking the gun in to the waiting area, even though it is concealed, would be a violation of 46.02.
Considering all of that, why not take steps to better avoid situations like this in the first place? Take that quick trip home and drop the gun off before doing what else you might need to do. Also, for $20-75 get a Gunvault compact safe and secure it in your trunk or wherever else you can in a discreet manner. Whenever these situations come up, you can stow whatever you need to, and in a situation like this it's doubtful an employee is going to mess with it as they probably don't have enough time and opportunity. I liken it to the question I commonly hear from parents, "What if my kid gets a hold of it?". The easy answer is DON'T LET THEM! With all of the compact safes available nowadays, that $20-75 will go a long way towards mitigating these situations.
The OP has a CHL, and did not violate any laws. The law does not make any distinction between on or off body carry, therefore it's up to everyone how they want to do it.
As far as the academic side of things, lets refer back to 46.02 and see what the law actually says:
So basically, the customer wouldn't be on their own premises and would not be in control of the premises. In this case the person is just a customer and was never given some authorization of control of the premises by the owner.
In addition to that, the customer would not be inside a motor vehicle/watercraft owned by them or under their control, and it is highly debatable whether they are "en route" to the vehicle. It specifically states directly en route. My take on it is that the actions of taking the gun in to the waiting area, even though it is concealed, would be a violation of 46.02.
Considering all of that, why not take steps to better avoid situations like this in the first place? Take that quick trip home and drop the gun off before doing what else you might need to do. Also, for $20-75 get a Gunvault compact safe and secure it in your trunk or wherever else you can in a discreet manner. Whenever these situations come up, you can stow whatever you need to, and in a situation like this it's doubtful an employee is going to mess with it as they probably don't have enough time and opportunity. I liken it to the question I commonly hear from parents, "What if my kid gets a hold of it?". The easy answer is DON'T LET THEM! With all of the compact safes available nowadays, that $20-75 will go a long way towards mitigating these situations.
You're right, I misread that part of his original post. There's even less to worry about (if there's anything less than nothing!).
Agreed, there's no reason to leave it in the vehicle.
While it wasn't urgent (I wasn't having engine trouble) I stopped because it was almost closing time at Jiffy Lube, and we live outside of town. I couldn't have made it home and back in time...I could have come back the next day, granted, but since I do have a CHL I felt like I could take the gun inside the waiting area since it was concealed by the case and by the opaque bag.
I do have a small gun safe in my car, chained underneath one of the captain's chairs in the second row of seats. (My Expedition doesn't have a trunk.) It is a small safe, though, and won't accommodate a 5" 1911. My 4" M&P 45c or 3" M&P Shield fit in it, and they are my usual carry.
I didn't think I would be in violation, or I wouldn't have risked it. The first part of my question was to confirm that. The second part of my question was, "What if I didn't have a CHL?"
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