Please cut out these laws and show them to your local LEO, as it seems they do not know the law.G36Packer wrote:I asked my local LEO and they said I was OK as long as I was in the car. Once I leave the car the non-CHL holders in the car would be illegal. So when we stop I holster my weapon on me before I exit the car if there is any chance they will stay in the car.
I was told that "locked" in the glove box or trunk was not good enough.
Texas Penal Code
§46.02. Unlawful carrying weapons.
(a) A person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person a handgun,
illegal knife, or club. . It has been clear by the courts that "about your person" means within your immediate access. The locked trunk of your vehicle is not in your immediate access. If your LEO has a court precedent I am not aware of I would be interested to read it.
Also show him this;
§46.15. Nonapplicability.
(b) Section 46.02 does not apply to a person who:
(3) is traveling;
In the regular session of the 79th Legislative Session in Texas, House Bill 823 was passed.
It reads
SECTION 1. Section 46.15, Penal Code, is amended by adding
Subsection (i) to read as follows:
(i) For purposes of Subsection (b)(3), a person is presumed
to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other
than a Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(3) not otherwise prohibited by law from possessing a
firearm;
(4) not a member of a criminal street gang, as defined
by Section 71.01; and
(5) not carrying a handgun in plain view.
So even if the CHL holder leaves the vehicle, the others are covered under 46.15 (i)
Just because he is a cop does not mean he knows all of the laws. As a cop I once wrote a ticket to a Big Rig tractor operator who was not pulling a trailer for not having a rear LP. I learned in court that he did not need a rea LP.
