TexasCHLforum.com

(a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun in a motor vehicle that is owned by the person
or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(B) prohibited by law from possessing a firearm;
or
(C) a member of a criminal street gang, as
defined by Section 71.01.

My reading of the section in red is that this section of the penal code doesn't apply to the passenger, because he doesn't own or control the vehicle, therefore, he doesn't get the protections in the MPA. (a1) is a protection from UCW by excluding carrying in a vehicle you own or control (like a rental car) from UCW unless you are in violation of (1) and/or (2) or any subsection thereof. The passenger would be guilty of UCW, because this section doesn't apply. IMHO, IANAL, etc.

BTW, thanks for quoting the law, I didn't have the opportunity to look it up for the exact wording.

Excaliber wrote:

barres wrote:Funny, I thought the MPA only protected the owner or controller of a vehicle. This passenger was obviously neither.

The owner / controller in this case was the driver who was still present at the scene although not inside the car the entire time.

I'm not trying to be obstinate, and I'm not a legal-beagle, but how does the driver being 25-ish feet away (at the back of the trailer) keep him in control of the weapon? And how would the passenger not have a firearm in the console be on or about his person without the protection of a CHL or (in my admittedly limited understanding) the MPA.

I'm not trying to be argumentative; I only want to understand.

KC5AV wrote:

puma guy wrote: If I am understanding what you guys are saying - A passenger not in control of the vehicle with full knowledge that a loaded concealed weapon is in the vehicle and can be easily accessed in not a violation in any way as long as they are not prohibited? That's not the way I have been interpreting the law.

That is correct. As long as the passenger is not prohibited from possessing a weapon, there wouldn't be any legal issue with them being alone in the passenger compartment of the vehicle.

Funny, I thought the MPA only protected the owner or controller of a vehicle. This passenger was obviously neither.