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Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 10:49 am
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:

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 12:15 pm
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.

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 4:10 pm
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:

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 4:10 pm
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.

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 4:38 pm
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.

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 4:46 pm
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.

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 4:48 pm
by ScottDLS
Long gun...anytime no problem. (Now ScottDLS waits for someone to chime in on the Federal GFSZA... :roll: ) :waiting:

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 9:20 pm
by Karate_Zarate
Thanks everyone. I was guessing the answer would be somewhere along those lines, just wanted to make sure. :tiphat:

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 10:03 pm
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:

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 10:13 pm
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!

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 10:33 pm
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:

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 10:38 pm
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!

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 10:44 pm
by ScottDLS
^^^^^
This.

"rlol" "rlol" "rlol" "rlol" "rlol"

Re: Carrying a Long gun or Hand gun

Posted: Tue Jan 26, 2016 11:17 pm
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!