Carrying a Long gun or Hand gun

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Karate_Zarate
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Carrying a Long gun or Hand gun

#1

Post by Karate_Zarate »

Hi everyone, Im new to the forum and I have a quick question. It may be simple but I can't seem to find the answer anywhere even within state law. Is it legal for a third person to carry their weapon (hand gun or long gun) in my vehicle or the vehicle I am in control of? Any help would be appreciated. :txflag:
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Keith B
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Re: Carrying a Long gun or Hand gun

#2

Post by Keith B »

Welcome to the forum.

If they do not have a License To Carry, then they cannot carry a handgun in your vehicle. It must be a vehcile they own or in control of.
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.
Here is the whole bill

http://www.legis.state.tx.us/tlodocs/80 ... 01815F.HTM

A long gun can be carried by anyone as long as they can legally posses it.
Keith
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goose
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Re: Carrying a Long gun or Hand gun

#3

Post by goose »

Can we debate if a friend would let their non-CHL friend drive the CHL holder's car so that both could be armed? Or is the non-CHL friend not really a friend after all because they aren't pulling their tactical weight? :biggrinjester:
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ScottDLS
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Re: Carrying a Long gun or Hand gun

#4

Post by ScottDLS »

AndyC wrote:Interesting - so if you're taking a friend to the range in your car and he doesn't have a CHL, his guns have to be stored away?
No because you're going to/from a Sporting Activity.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

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Re: Carrying a Long gun or Hand gun

#5

Post by mr1337 »

goose wrote:Can we debate if a friend would let their non-CHL friend drive the CHL holder's car so that both could be armed? Or is the non-CHL friend not really a friend after all because they aren't pulling their tactical weight? :biggrinjester:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

...

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
In my non-lawyer opinion, if your friend is driving, the car would be under his control. Thus, he would be allowed to carry. If you didn't have an LTC and you were in the passenger seat, you would be able to carry as well, because you own the car.

The legal check is simple:
  • Am I in (or en route to) a vehicle under my control?
  • Am I in (or en route to) a vehicle that I own?
If you can say "yes" to either of those, you would be able to carry concealed.
Keep calm and carry.

Licensing (n.) - When government takes away your right to do something and sells it back to you.
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goose
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Re: Carrying a Long gun or Hand gun

#6

Post by goose »

mr1337 wrote:
goose wrote:Can we debate if a friend would let their non-CHL friend drive the CHL holder's car so that both could be armed? Or is the non-CHL friend not really a friend after all because they aren't pulling their tactical weight? :biggrinjester:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

...

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
In my non-lawyer opinion, if your friend is driving, the car would be under his control. Thus, he would be allowed to carry. If you didn't have an LTC and you were in the passenger seat, you would be able to carry as well, because you own the car.

The legal check is simple:
  • Am I in (or en route to) a vehicle under my control?
  • Am I in (or en route to) a vehicle that I own?
If you can say "yes" to either of those, you would be able to carry concealed.
I was speaking in jest. So now your buddy is driving your car. Do you trust them with your ride????? :-)

But I do appreciate the serious response as well. This is good info. If two non-LTC folks are in a car and the owner is the passenger both could carry under MPA. I kind of like that.
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ScottDLS
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Re: Carrying a Long gun or Hand gun

#7

Post by ScottDLS »

Long gun...anytime no problem. (Now ScottDLS waits for someone to chime in on the Federal GFSZA... :roll: ) :waiting:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

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Karate_Zarate
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Re: Carrying a Long gun or Hand gun

#8

Post by Karate_Zarate »

Thanks everyone. I was guessing the answer would be somewhere along those lines, just wanted to make sure. :tiphat:
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The Annoyed Man
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Re: Carrying a Long gun or Hand gun

#9

Post by The Annoyed Man »

ScottDLS wrote:Long gun...anytime no problem. (Now ScottDLS waits for someone to chime in on the Federal GFSZA... :roll: ) :waiting:
OK.... I'll do it. My heart's not really in it, but I didn't want to keep you waiting too long. "rlol"

FEDERAL GFSZA!

There. :smilelol5:
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Re: Carrying a Long gun or Hand gun

#10

Post by AJSully421 »

Do some of you think that cops just go around sniffing for ways to screw over good citizens? Do any of you have a best friend who is a cop? Do you ever bounce ideas off of them, listen to their stories, or give them "what if" scenarios?

If two normal looking guys who don't throw off the dirt bag vibe are heading to the shooting range and a cop pulls them over for speeding, here is how that goes:

Cop: You were stopped because you were speeding, where you boys headed?

Dude: The Shooting range

Cop: So you have guns in the vehicle?

Dude: Yes, Sir.

Cop: Ok, sign here, press hard, you are making three copies, slow down, have a good time at the range.

No blading at 45*, no dogs shot, no drama, no being cuffed and questioned for hours, no running serial numbers... none of that. This isn't New Jersey!
"The trouble with our liberal friends is not that they're ignorant, it's just that they know so much that isn't so." - Ronald Reagan, 1964

30.06 signs only make criminals and terrorists safer.

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ScottDLS
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Re: Carrying a Long gun or Hand gun

#11

Post by ScottDLS »

AJSully421 wrote:Do some of you think that cops just go around sniffing for ways to screw over good citizens? Do any of you have a best friend who is a cop? Do you ever bounce ideas off of them, listen to their stories, or give them "what if" scenarios?

If two normal looking guys who don't throw off the dirt bag vibe are heading to the shooting range and a cop pulls them over for speeding, here is how that goes:

Cop: You were stopped because you were speeding, where you boys headed?

Dude: The Shooting range

Cop: So you have guns in the vehicle?

Dude: Yes, Sir.

Cop: Ok, sign here, press hard, you are making three copies, slow down, have a good time at the range.

No blading at 45*, no dogs shot, no drama, no being cuffed and questioned for hours, no running serial numbers... none of that. This isn't New Jersey!
Cop: You were stopped because you weren't wearing a seat belt...where are you headed?

Dude: To the shooting range.

Cop: Do you have long guns?

Dude: Yes, in the trunk with a couple spare mags and ammo next to them in the same bag.

Cop: OK, you are 999 ft from West Podunk Elementary, please get out of the car and put your hands behind your back... :rules:

Cop: I am part of the West Podunk Joint Federal "Project Exile" Task Force and as such a Special Deputy US Marshal. You are under arrest for violation of Title 18 US Code 921a. You can have a hearing in front of the Magistrate Judge for Eastern District of Texas and see if he will grant you bail while you await your Federal Grand Jury indictment. :shock:

Dude: I better call Saul... :eek6


:evil2: :evil2: :evil2:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
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Re: Carrying a Long gun or Hand gun

#12

Post by AJSully421 »

ScottDLS wrote:
AJSully421 wrote:Do some of you think that cops just go around sniffing for ways to screw over good citizens? Do any of you have a best friend who is a cop? Do you ever bounce ideas off of them, listen to their stories, or give them "what if" scenarios?

If two normal looking guys who don't throw off the dirt bag vibe are heading to the shooting range and a cop pulls them over for speeding, here is how that goes:

Cop: You were stopped because you were speeding, where you boys headed?

Dude: The Shooting range

Cop: So you have guns in the vehicle?

Dude: Yes, Sir.

Cop: Ok, sign here, press hard, you are making three copies, slow down, have a good time at the range.

No blading at 45*, no dogs shot, no drama, no being cuffed and questioned for hours, no running serial numbers... none of that. This isn't New Jersey!
Cop: You were stopped because you weren't wearing a seat belt...where are you headed?

Dude: To the shooting range.

Cop: Do you have long guns?

Dude: Yes, in the trunk with a couple spare mags and ammo next to them in the same bag.

Cop: OK, you are 999 ft from West Podunk Elementary, please get out of the car and put your hands behind your back... :rules:

Cop: I am part of the West Podunk Joint Federal "Project Exile" Task Force and as such a Special Deputy US Marshal. You are under arrest for violation of Title 18 US Code 921a. You can have a hearing in front of the Magistrate Judge for Eastern District of Texas and see if he will grant you bail while you await your Federal Grand Jury indictment. :shock:

Dude: I better call Saul... :eek6


:evil2: :evil2: :evil2:

But, officer, I live across the street from the school.

So...... you are a habitual violator, is that what you are saying? Book 'em Danno!
"The trouble with our liberal friends is not that they're ignorant, it's just that they know so much that isn't so." - Ronald Reagan, 1964

30.06 signs only make criminals and terrorists safer.

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ScottDLS
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Re: Carrying a Long gun or Hand gun

#13

Post by ScottDLS »

^^^^^
This.

"rlol" "rlol" "rlol" "rlol" "rlol"
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

bearlesjr
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Re: Carrying a Long gun or Hand gun

#14

Post by bearlesjr »

Cops are just like the rest of us! They have more exposure to guns than most.
I am in the HVAC business (manage mostly) and have represented the last 2 company's I have worked for. We do alot of work in plants, ships and shipyards and my favorite is local law enforcement and cities.
Besides the perks of a wave versus a speeding ticket (45 in a 20), is you get to see what they have to go through. And you start to realize they are people with families just like us all.
If you are upfront with any officer I don't believe you will have any problems. Start getting pissy and it won't end well.
I do work on 2 local PD's and they both know I carry in my truck. One requires me to park my truck behind a fence where they receive the pick ups. We just have to keep the trucks locked and they have no problems. For both facilities I have keys to move around the facility without supervision. (background check)

Myself and one of my senior techs got caught in the jail section as they were bringing one in. We both carry knives on our belt and totally forgot about them. We walked behind the jailers desk and informed him. He simply told us to drop them in our pockets and stand there until he had him in a cell. We never got scolded. :lol:
Lessons learned.
#1 People make mistakes
#2 Be honest!
#3 always inform
#4 follow directions!

My neighbor is state. I don't ask too many questions as he does alot of undercover work. Super cool guy! I ask him to speak to my wife about travel carry. She is new to this but he gave her the works! Told her 1 in the chamber and as close as you can get it! She's a big girl now. She actually keeps it in the couch next to her at home. "rlol"

in short. If you get stopped, keep them informed, let them know what your intentions are and don't do anything stupid and you will have the best encounter of you life!
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