Search found 4 matches

by Charles L. Cotton
Sat Oct 20, 2018 11:13 pm
Forum: General Texas CHL Discussion
Topic: Carrying your license to carry
Replies: 30
Views: 9024

Re: Carrying your license to carry

roadkill wrote: Sat Oct 20, 2018 6:33 pm
Charles L. Cotton wrote: Sat Oct 20, 2018 3:24 pm
roadkill wrote: Fri Oct 19, 2018 6:23 pm
Charles L. Cotton wrote: Fri Oct 19, 2018 6:09 pm
Soccerdad1995 wrote: Fri Oct 19, 2018 4:20 pm
Caliber wrote: Fri Oct 19, 2018 4:12 pm
Maxwell wrote: Fri Oct 19, 2018 3:03 pm The 4 things I always have in a traffic stop are: My DL, my LTC, my auto insurance card, and a little patience and respect for the LEO.

I forgot my wallet once while carrying. As soon as I realized it I took the holster off and put everything in the console.

Like others have suggested I carry my DL & LTC (and insurance card) in the same place in my wallet. I can't pull one out without the other.
You did not have to put the gun in your console. You can have it anywhere inside the vehicle including on your person as long as it's not in plain view.
I think this gets back to the question of whether you are always carrying under the authority of your LTC, even when you can legally carry under other authority such as the MPA.
The only time you are carrying under the authority of your LTC is when carrying in that location would be illegal without an LTC. You are not carrying under the authority of your LTC when you are in your car or one under your control.

Chas.
With the exception of open carry.
I realize that this is a quirk that only a lawyer could love, but you are not carrying under the authority of your LTC when you open-carry in your car. Licensees are simply exempt from the concealment requirement while in your car.

Chas.
So let em get this correct. A non license holder can open carry in their car?
No.

Chas.
by Charles L. Cotton
Sat Oct 20, 2018 3:24 pm
Forum: General Texas CHL Discussion
Topic: Carrying your license to carry
Replies: 30
Views: 9024

Re: Carrying your license to carry

roadkill wrote: Fri Oct 19, 2018 6:23 pm
Charles L. Cotton wrote: Fri Oct 19, 2018 6:09 pm
Soccerdad1995 wrote: Fri Oct 19, 2018 4:20 pm
Caliber wrote: Fri Oct 19, 2018 4:12 pm
Maxwell wrote: Fri Oct 19, 2018 3:03 pm The 4 things I always have in a traffic stop are: My DL, my LTC, my auto insurance card, and a little patience and respect for the LEO.

I forgot my wallet once while carrying. As soon as I realized it I took the holster off and put everything in the console.

Like others have suggested I carry my DL & LTC (and insurance card) in the same place in my wallet. I can't pull one out without the other.
You did not have to put the gun in your console. You can have it anywhere inside the vehicle including on your person as long as it's not in plain view.
I think this gets back to the question of whether you are always carrying under the authority of your LTC, even when you can legally carry under other authority such as the MPA.
The only time you are carrying under the authority of your LTC is when carrying in that location would be illegal without an LTC. You are not carrying under the authority of your LTC when you are in your car or one under your control.

Chas.
With the exception of open carry.
I realize that this is a quirk that only a lawyer could love, but you are not carrying under the authority of your LTC when you open-carry in your car. Licensees are simply exempt from the concealment requirement while in your car.

Chas.
by Charles L. Cotton
Fri Oct 19, 2018 6:09 pm
Forum: General Texas CHL Discussion
Topic: Carrying your license to carry
Replies: 30
Views: 9024

Re: Carrying your license to carry

Soccerdad1995 wrote: Fri Oct 19, 2018 4:20 pm
Caliber wrote: Fri Oct 19, 2018 4:12 pm
Maxwell wrote: Fri Oct 19, 2018 3:03 pm The 4 things I always have in a traffic stop are: My DL, my LTC, my auto insurance card, and a little patience and respect for the LEO.

I forgot my wallet once while carrying. As soon as I realized it I took the holster off and put everything in the console.

Like others have suggested I carry my DL & LTC (and insurance card) in the same place in my wallet. I can't pull one out without the other.
You did not have to put the gun in your console. You can have it anywhere inside the vehicle including on your person as long as it's not in plain view.
I think this gets back to the question of whether you are always carrying under the authority of your LTC, even when you can legally carry under other authority such as the MPA.
The only time you are carrying under the authority of your LTC is when carrying in that location would be illegal without an LTC. You are not carrying under the authority of your LTC when you are in your car or one under your control.

Chas.
by Charles L. Cotton
Fri Oct 19, 2018 2:02 pm
Forum: General Texas CHL Discussion
Topic: Carrying your license to carry
Replies: 30
Views: 9024

Re: Carrying your license to carry

The black letter law requires the LTC to be on your person when you are carrying under the authority of your license. (TPC §46.15(b)(6)) As a practical matter, I can't imagine any LEO making an arrest when they can run your TDL and confirm you have an LTC. If an arrest was made, then only a dirtbag DA would accept the charges. If it's an out-of-state handgun permit, that's a different story.

Chas.
TPC §46.15(b)(6) wrote:(b) Section 46.02 does not apply to a person who:

(6) is carrying:
  • (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and

    (B) a handgun:
    • (i) in a concealed manner; or

      (ii) in a shoulder or belt holster;

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