Motorist Protection Act

[Nighthawk]

Ok ~ so I took my CHL class last month and an waiting on the plastic. In the class the instructor spoke of the Motorist Protection Act that passed last year saying that you can conceal carry in your car. So my question is ~ are there any requirements that I would need to be mindful of regarding this?

Yesterday a friend of mine and I were heading out to Decatur to go dove hunting. We were stopped by the officer as he thought the tint on my friends windows might be to dark. As it turns out it was. My friend got the truck from his father last fall up in Oregon and he has never even thought to check the level of darkness on his tint. Anyway back to the story. I'm riding in the passenger seat and have my 1911 at 4 o'clock on the belt. Due to the way we pulled off the road the officer came to my window (passenger). This made me very nervous as I wasn't the one he was speaking to and I didn't feel the need to get in the middle of their situation or make it worse by bringing up the fact that I had a gun on me. I said nothing and he wrote my friend a ticket and we were on our way.

So...if anyone can tell me if I was "covered" in carrying under the motorist protection act? Also did I handle this correctly?

Thanks

[seamusTX]

You were OK, but if the officer had asked you to step out of the vehicle you could have been in for a rough ride.

I very much recommend that people who don't have a CHL store the weapon off-body in a secure place where it won't go flying in case of a collision, and a police officer can't possibly see any part of it even if his eyes are on stalks.

There are two other vaguely defined "outs" that were available in your case: you were traveling and hunting. However, 1911s are not used in dove hunting.

This is my personal opinion and not legal advice.

This issue has been discussed at great length in the past.

- Jim

[Charles L. Cotton]

The Motorist Protection Act didn't cover you because the car was not owned by you or under your control. The old "traveling" defense is still on the books, so that may or may not have been a viable defense. I certainly wouldn't want to rely upon it.

Chas.

[seamusTX]

Du-oh. Thanks, Mr. Cotton.

- Jim

[Nighthawk]

Great info to know ~ thanks guys ~ I think I'll just wait until I get the plastic to leave the house ~ thanks for the info.

[Crossfire]

Great info to know ~ thanks guys ~ I think I'll just wait until I get the plastic to leave the house ~ thanks for the info.

Hope you have stocked up on the essentials. I have heard it could be a long wait...

[Nighthawk]

Yeah ~ I got the PIN a few days ago and have been a good boy by not checking the site every few hours However I know it will start to bug me ~ I'm trying to set the expectation of Thanksgiving ~ it's going to be hard the longer it get though!!