TexasCHLforum.com

srothstein wrote:It does make this legal. But what it does not do is make the vehicle an extension of your home...

We all tend to use shortcuts in our speech...

I apologize if I was too strident and confused you or made you doubt your understanding of this law.

I'm not sure now, but I was under the impression that you had seen my clarification. I did "use a shortcut" in my speech. I posted a follow up to try and more accurately word my intended meaning, but I think that still fell a bit short of the mark. (http://www.texaschlforum.com./viewtopic ... 15#p595200" onclick="window.open(this.href);return false;)
I really didn't mean it was an extension of the home, and frankly I'm not sure why I worded it that way.

No need to apologize, but I appreciate your willingness to do so.

To further clarify, I just don't think that 30.06 applies in a parking garage, given the state of our current laws/rights. It may have been valid in 1995 when we first earned the right to aquire a CHL license, but not any more. I very well may be wrong (again, I'm not a lawyer), but here is why I interpret it this way. The rights afforded by the CHL are only in effect when you get out of your car, due to the right to carry within the car granted by the MPA. The right to carry due to the MPA is a change to our native right to all citizens provided they follow the itemized stipulations of the MPA. The MPA isn't the "exception", it's the "rule". The CHL rights are exceptions to the standard prohibitions of carry under other circumstances. It grants us specific rights we would not ordinarily have. In this case, the right to carry that firearm when you get out of your car. At which point, the 30.06 sign would be in full force.

Therefore, if the gun is sitting in the car while you are in work, the 30.06 sign is irrelevant IMO. Again, I'm no lawyer, so this is not legal advise. I don't proclaim to be an expert on the subject, and have no knowledge of case law. It's just how I see it, based on my own interpretation. For now, it's I will base my decision unless someone has more compelling reasoning to the contrary. I welcome all input.

Thanks,

Vertigo

srothstein wrote:Vertigo73,

[EDIT as Vertigo73 was typing as I was]: You may be right in your explanation, but the law does not recognize it for the reason you state. You must be very careful in dealing with how you feel about things and what the law actually says. Your logic may be true in some cases, but can cause a problem when extended.

Please explain, I'm here to learn.

I was under the impression that HB1815 granted us the right to carry a firearm in our vehicle.

http://www.capitol.state.tx.us/BillLook ... ill=HB1815" onclick="window.open(this.href);return false;

"H.B. No. 1815

AN ACT
relating to the prosecution of certain offenses that involve
carrying weapons on a person's property or in a person's vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02, Penal Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) A person commits an offense if the person [he]
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."

Do you feel it's not considered under my control when I exit the vehicle? I don't feel that way, as I own the vehicle and I still retain the only set of keys in my pocket.

My vehicle may be on their property, but my firearm is not so long as I leave it in my vehicle until I return. I view it as being on my property, to which they have no right of access.

I'm no lawyer, but that's my simpleton interpretation of what I see. Again I'm open to other views if you can explain it. I don't wish to break the law, but perhaps I am just seeing it the way I wish to?

Thank you, as I'm learning a lot here.

Vertigo

apostate wrote:

Vertigo73 wrote:My car is my property and an extension of my home.

Welcome to the discussion. I agree your car is your property, but that does not necessarily mean it's an extension of your home. For example, a handgun in my home need not be concealed but in Texas I am required to conceal in my car to stay legal.

Good point, poor wording on my part. Let me clarify the way I intended for it to mean.

Inside of my car is my property. Employer owned parking lot or not, the parking garage 30.06 sign does not apply until I get out of my car and set foot onto their property. I read it to mean I can't walk through their garage carrying a firearm.

New here... was about to make my first post when I saw this thread and decided to read it first. Hi!

So correct me if I'm wrong, but the way I read this situation is this. My car is my property and an extension of my home. Employer owned or not, the parking garage 30.06 sign does not apply until I get out of my car and set foot onto their property.