TexasCHLforum.com

sbrew91 wrote:

wakeboard wrote:

jmra wrote:

Jumping Frog wrote:

jmra wrote: So when he goes to the dealership he needs to take a suitcase with a lockbox in it.

Is that legal to walk around a car dealership with a suitcase/briefcase with a firearm in it..without a CHL? It's not being carried on your person.

A handgun in even a locked case still constitutes "on or about his person". The "legal loophole" for taking it in the airport can be found in Penal Code Chapter 46.

Sec. 46.15: NONAPPLICABILITY
(b) Section 46.02 does not apply to a person who:
(2) is traveling

Welcome to the forum. Do you have case law to cite to support your claim? The last I am aware of defimes about your person as " within your immediate access".

I am not necessarily disagreeing, just looking for evidence.

I'll step back and admit my own foot in mouth. I should have said "A handgun in even a locked case, within reach still constitutes "on or about his person".I will say the only cases to cite are from the 60's and are about handguns in locked glove compartments. But to explain, I would reason it "on or about his person" in the situation of carrying the case around in public. I believe you would be pretty hard pressed to get a judge or jury to rule it was not "on your person" when the case, albeit locked, was in your hand.If you don't have the key, maybe. But if you have the gun in a locked case in you hand, and the key in your pocket, that seems pretty "within immediate access."

wakeboard wrote:

jmra wrote:

Jumping Frog wrote:

jmra wrote:Good point.
How does someone without a CHL declare a handgun in their checked baggage at an airport without violating the law? I don't recall a CHL being a requirement to transport a handgun in such a manner.

A non-licensee declaring a handgun that is in a locked case in their luggage is legal because the handgun is not being carried on or about his/her person.

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 . . .

So when he goes to the dealership he needs to take a suitcase with a lockbox in it.

Is that legal to walk around a car dealership with a suitcase/briefcase with a firearm in it..without a CHL? It's not being carried on your person.

A handgun in even a locked case still constitutes "on or about his person". The "legal loophole" for taking it in the airport can be found in Penal Code Chapter 46.

Sec. 46.15: NONAPPLICABILITY
(b) Section 46.02 does not apply to a person who:
(2) is traveling