Vehicle carry

[stinkbait]

A co worker at work this week mentioned his cousin has just finished his chl class ,and the instructor told them that depending upon what county it is in Texas it is against the law to carry a concealed, loaded handgun the the vechicle if you do not have a chl. Have I missed something, somewhere, at sometime, The last time I remember you could carry a loaded handgun , concealed without a chl. I believe or thought that the State's law over ruled a counties law. Plus I have been wrong before. Main thing I think about is the HB bill stating that a resident of texas can carry a loaded handgun concealed with out having a chl. I think the bill was out in 2006 or 2007. It was a Castel Law. If some one could shed some light on this I would like it.

[WildBill]

A co worker at work this week mentioned his cousin has just finished his chl class ,and the instructor told them that depending upon what county it is in Texas it is against the law to carry a concealed, loaded handgun the the vechicle if you do not have a chl. Have I missed something, somewhere, at sometime, The last time I remember you could carry a loaded handgun , concealed without a chl. I believe or thought that the State's law over ruled a counties law. Plus I have been wrong before. Main thing I think about is the HB bill stating that a resident of texas can carry a loaded handgun concealed with out having a chl. I think the bill was out in 2006 or 2007. It was a Castel Law. If some one could shed some light on this I would like it.

I think your co-worker is mistaken. Texas law "trumps" county laws. There is a law HB 1815 called the Motorist Protection Act [MPA] passed in 2007 which allows concealed carry in a motor vehicle without a CHL. IANAL

[Justin Franklin]

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:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

There it is!

[hirundo82]

A co worker at work this week mentioned his cousin has just finished his chl class ,and the instructor told them that depending upon what county it is in Texas it is against the law to carry a concealed, loaded handgun the the vechicle if you do not have a chl. Have I missed something, somewhere, at sometime, The last time I remember you could carry a loaded handgun , concealed without a chl. I believe or thought that the State's law over ruled a counties law. Plus I have been wrong before. Main thing I think about is the HB bill stating that a resident of texas can carry a loaded handgun concealed with out having a chl. I think the bill was out in 2006 or 2007. It was a Castel Law. If some one could shed some light on this I would like it.

In Texas law, there has always been a defense to Unlawful Carrying Weapons that you were "traveling" (PC §46.15(b)(2)) The issue was that travelling was not defined, and that left it up to the police, prosecutor, and court to decide. Different prosecutors had different opinions, and it was a confusing mess. Some said you had to be crossing two county lines, some said you had to be spending a night away from home, etc.

In 2005 the legislature tried to clarify the situation by stating when you were presumed to be travelling. That section, since repealed but found here, said:

(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.

The intent of the legislature was to make it so that any law-abiding citizen was allowed to carry if in his vehicle. However, some prosecutors (specifically Harris County) announced they still intended to take these cases to court if they could prove the person was not travelling. So in 2007, the legislature came back and wrote the exception found in §46.02(a), which simply makes it not a crime to carry in your car (subject to the restictions of §46.02(a-1)) the same as it is not a crime to carry in your house.

[sjfcontrol]

A co worker at work this week mentioned his cousin has just finished his chl class ,and the instructor told them that depending upon what county it is in Texas it is against the law to carry a concealed, loaded handgun the the vechicle if you do not have a chl. Have I missed something, somewhere, at sometime, The last time I remember you could carry a loaded handgun , concealed without a chl. I believe or thought that the State's law over ruled a counties law. Plus I have been wrong before. Main thing I think about is the HB bill stating that a resident of texas can carry a loaded handgun concealed with out having a chl. I think the bill was out in 2006 or 2007. It was a Castel Law. If some one could shed some light on this I would like it.

Ever play "telephone"? Message probably got garbled somewhere along the line. I can't imagine a current CHL instructor actually teaching that. (Well, I guess I can IMAGINE it, but I don't want to think about it... )

[stinkbait]

Hey everyone thanks for the input and I'm sorry about getting back to the message board so late. I found what was posted above. I thought something had changed in the law without me knowing it. However again I thank ya'll for your response.

[rm9792]

A co worker at work this week mentioned his cousin has just finished his chl class ,and the instructor told them that depending upon what county it is in Texas it is against the law to carry a concealed, loaded handgun the the vechicle if you do not have a chl. Have I missed something, somewhere, at sometime, The last time I remember you could carry a loaded handgun , concealed without a chl. I believe or thought that the State's law over ruled a counties law. Plus I have been wrong before. Main thing I think about is the HB bill stating that a resident of texas can carry a loaded handgun concealed with out having a chl. I think the bill was out in 2006 or 2007. It was a Castel Law. If some one could shed some light on this I would like it.

Maybe the instructor was referring to Harris Cty during the Rosenthal regime? The instructor needs to be instructed.

[gdanaher]

Perhaps without mentioning a name but rather a city or county, others who have recently had a class with this instructor could chime in with comment? As we know there are some goofy folks out there. I know of one myself, and I would never be shocked at what he might offer during a class!

[Mastodon]

A co worker at work this week mentioned his cousin has just finished his chl class ,and the instructor told them that depending upon what county it is in Texas it is against the law to carry a concealed, loaded handgun the the vechicle if you do not have a chl. Have I missed something, somewhere, at sometime, The last time I remember you could carry a loaded handgun , concealed without a chl. I believe or thought that the State's law over ruled a counties law. Plus I have been wrong before. Main thing I think about is the HB bill stating that a resident of texas can carry a loaded handgun concealed with out having a chl. I think the bill was out in 2006 or 2007. It was a Castel Law. If some one could shed some light on this I would like it.

I think your co-worker is mistaken. Texas law "trumps" county laws. There is a law HB 1815 called the Motorist Protection Act [MPA] passed in 2007 which allows concealed carry in a motor vehicle without a CHL. IANAL

And there you go.

I find it very hard to believe that a CHL instructor would say such a thing. Perhaps it was heard and digested incorrectly? As you've seen and indicated, it is incorrect. Thank Texas

[pcgizzmo]

If I remember correctly 4 questions on the CHL test I just took were about how it's now legal to carry concealed in your car w/out a CHL. They really wanted you to know it was OK to do that now. I don't see how an instructor could say anything otherwise.

[cbr600]

I think it would be more accurate to say, "I don't see how a competent instructor could say anything otherwise."