Carrying while operating vehicle

[skebobebop]

Hello everyone,
I've been a Texas CHL holder for about a year now. I heard a rumor today at work that we could not have our weapons concealed on us while we were operating/in control of our vehicles. Is this true? I looked into the Texas CHL handbook and I saw on page 36 and 42 about it being illegal if it is in plain view. In my opinion, concealed on my person is not plain view. Am I correct on thinking this? Thanks for any guidance.

[apostate]

That depends on where you work and whether you're concerned about policy or only statutory prohibition.

[skebobebop]

Thanks for the response @apostate I'm only concerned about Texas law. My work does not have a policy about our handguns in our vehicles while in the parking lot. The story I heard from the guys at work were speaking as if it were a general Texas CHL law. Thanks again for any additional info.

[chandler583]

Under Texas Castle Law, a CHL is not even required to have a concealed handgun while in your vehicle. If you are concerned about CHL holders being excluded from that law, how would a CHL holder in Texas get around?

In other words, no it is not illegal as long as the weapon is concealed while in the vehicle even if the door is open.


IANAL, when in doubt lookup the penal code for yourself, always do the research, that way you are more in the know.

[BAW1967]

What's the difference if it is concealed on your person, covered up with a towel on the seat or in your glove box or center console? Concealed means concealed.

[skebobebop]

Thanks chandler583. I've never been the kind to take what others say for truth. That's why I referenced the few pages I saw in the Texas CHL guide. What the guys were saying made no sense to me at all either and you're right, it would be silly if CHL holders were excluded. Thanks for your time.

[skebobebop]

What's the difference if it is concealed on your person, covered up with a towel on the seat or in your glove box or center console? Concealed means concealed.

I guess they were trying to argue the ease of access and that it could not be on your person. Looking back now, none of it made sense. I just didn't want to join the argument to refute. I took it to this forum because you guys are smarter. :)

[RJGold]

Under Texas Castle Law, a CHL is not even required to have a concealed handgun while in your vehicle. If you are concerned about CHL holders being excluded from that law, how would a CHL holder in Texas get around?

I'm sorry but I don't understand what you are saying here. Could you please clarify?

Thanks.

[jbarn]

Under Texas Castle Law, a CHL is not even required to have a concealed handgun while in your vehicle.

The Castle Doctrine has nothing to do with where you can carry. it made changes to the use of force laws in 2007. Perhaps you are thinking of the Motorist Protection Act that changed the prohibition against carrying a handgun without a CHL to state that carry in a motor vehicle that you own or is under your control is not unlawful if

1) the handgun is not in plain view
2) you are not prohibited by law from possessing a firearm
3) you are not committing a crime (traffic violations excepted)
4 you are not a member of a criminal street gang

[Selcouth]

Under Texas Castle Law, a CHL is not even required to have a concealed handgun while in your vehicle. If you are concerned about CHL holders being excluded from that law, how would a CHL holder in Texas get around?

I'm sorry but I don't understand what you are saying here. Could you please clarify?

Thanks.

He is saying that anyone can carry a firearm in their vehicle regardless if they have their CHL or not(as long as they are what was posted above 1-4). The gun has to be concealed, meaning out of plain view. It doesn't make sense that a CHL holder would be excluded from the firearm needing to be concealed. When Texas law states all handguns have to be concealed.

Hope that helps. Happy carrying.

[The Annoyed Man]

Hello everyone,
I've been a Texas CHL holder for about a year now. I heard a rumor today at work that we could not have our weapons concealed on us while we were operating/in control of our vehicles. Is this true? I looked into the Texas CHL handbook and I saw on page 36 and 42 about it being illegal if it is in plain view. In my opinion, concealed on my person is not plain view. Am I correct on thinking this? Thanks for any guidance.

Here's a simplified way of looking at it:

The state of Texas divides people into these two basic groups:

1. Those who are statutorily barred from possessing a handgun at all, INCLUDING in a vehicle; I.E.:
   
   • convicted felons
   • those with known gang affiliations
   • minors unaccompanied by an adult
   • Etc.
2. Everybody else is legally allowed to carry a handgun in their vehicle, but it MUST be concealed. Each of these persons falls into one or the other of two subgroups (but not both):
   
   1. Those without CHLs, who cannot carry the concealed weapon outside their vehicle except when carrying between their home and their vehicle, or between their vehicle and their place of business.
   2. Those with CHLs, who can carry pretty much anywhere they want to unless posted 30.06 or into one of the short list of proscribed places (courthouses, jails, classrooms, etc.)

Does that help?

[HKMike]

Great explanation.

[skebobebop]

Yes sir this helps tremendously. Thanks for the clarification @The Annoyed Man

[chandler583]

Under Texas Castle Law, a CHL is not even required to have a concealed handgun while in your vehicle.

The Castle Doctrine has nothing to do with where you can carry. it made changes to the use of force laws in 2007. Perhaps you are thinking of the Motorist Protection Act that changed the prohibition against carrying a handgun without a CHL to state that carry in a motor vehicle that you own or is under your control is not unlawful if

1) the handgun is not in plain view
2) you are not prohibited by law from possessing a firearm
3) you are not committing a crime (traffic violations excepted)
4 you are not a member of a criminal street gang

jbarn,

After double checking the Penal Code, you are correct. I was thinking of the Motorist Protection Act. One of the many good things about this forum is that we set each other straight.

Cheers

[texanjoker]

Hello everyone,
I've been a Texas CHL holder for about a year now. I heard a rumor today at work that we could not have our weapons concealed on us while we were operating/in control of our vehicles. Is this true? I looked into the Texas CHL handbook and I saw on page 36 and 42 about it being illegal if it is in plain view. In my opinion, concealed on my person is not plain view. Am I correct on thinking this? Thanks for any guidance.

You answered this yourself. Concealed is not plain view. Plain view is not concealed. The handgun gun needs to be concealed.