Search found 1 match

by srothstein
Fri Dec 03, 2010 12:16 am
Forum: General Texas CHL Discussion
Topic: How/When to correct an instructor
Replies: 41
Views: 5172

Re: How/When to correct an instructor

69rrvert wrote:There is a lot a good info here but I would like to make a small comment about question #2 about a "non CHL" holder carrying a concealed weapon in a vehicle. The way my instructor (Mr. Cotton) presented the law to our class, was that in order for a "non CHL" holder to carry a concealed weapon in a vehicle, they MUST be in control of said vehicle and not riding as a passenger. Thanks, Steven

PC §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 that is owned
by the person or under the person's control.
Mr. Cotton knows the law much better than I do, but in this case I disagree. As a general rule, he is correct, but the non-driver could also be the owner of the vehicle. Then he could carry without a CHL.

For example, I own my truck. I will occasionally allow my daughter to drive it, with me as passenger (splitting the driving on a long trip for example). If I am the registered and normal owner of the truck (as in it is mine, not hers that is just registered to me thus confusing the issue slightly), and my daughter just happens to be driving, we can both be carrying a pistol without either of us having a CHL. This is based on her being in control and me being the owner. There is an or clause in the law you quoted that perfectly matches this situation.

Return to “How/When to correct an instructor”