Please help

[Johnwatson]

Ok so my cousin from pennslavina came down to start school here in Texas he's 19. So his third day here last night he gets pulled over for broken tail light and the officer asked him if he had any weapons in the car. He answered yes I have a 45 in the consel and do the officer gets him out and he runs his stuff and then arrests him for unlawful poession of a firearm. Now It's my understanding that under the mpa act you can carry a consealed pistol at the age of 18 to 21 and up in your car. If I'm wrong please tell me but if I'm right could you help me find the info to help my cousin because I told him he was ok to carry it so it's my fault he even had it because i told him he would be ok to have it thank you.
And if their are any law enforcement officers that read this what you suggest to do to deal with this and what proof do I need to show that where right.

[srothstein]

Johnwatson,

From your description, your cousin is not guilty of a crime. Obviously, this is not a conclusive statement since I do not have the full police report and their side of the incident to refer to. The current law, as modified by the Motorist Protection Act, does make it legal for him to have a weapon in a vehicle that is under his control, given certain other conditions (concealed, no other crimes, not a gang member, etc.).

But that does not help him right now. He is being charged and you need to get help with that aspect. I strongly suggest you find the best local criminal defense lawyer you can afford. A lawyer will know how to get bond posted or reduced, how to get the police reports and find the exact charges. I recommend the best lawyer you can afford since, as in almost everything, quality costs money and most of us cannot afford top quality. But this is truly one area where you cannot afford less than the best, so make the best deal you can. And I recommend a local lawyer because they will know the local procedures and politics as well. I hate to admit it, but in many cases, local politics is almost as important as guilt or innocence is. bringing in a high powered outside lawyer to a small rural town may inflame the jury more than the original offense did. The jury is not as sensitive in big cities like Houston, but the court house politics can be just as important to your case (knowing which judge will get the case and how to steer it to a favorable judge, etc.).

[The Annoyed Man]

I have a 20 year old son who will be 21 in January. He is absolutely responsible with guns, very safety conscious, and very well versed in their use and maintenance.

When he asked me after he turned 18 if it was OK for him to carry in the car, I said "yeah, it's legal, but unless you can afford a good lawyer and don't mind if you never see your Kimber Pro Raptor again, I wouldn't do it if I were you." I'm not against the idea of his being armed, but I think there are certain attendant risks involved if you are under 21.

This is exactly why. I don't think your cousin necessarily did anything wrong or illegal, but in the real world, some cops are not going to take it kindly when they are faced with someone traveling on an out-of-state ID while carrying a firearm, under the age of 21, and sans some kind of reciprocating carry license from that other state. Again, it's not that it is wrong or illegal, but rather that some officers bring their own prejudices to the table, and right or wrong, that's just a reality of what you might have to deal with if you get stopped.

My son considered what I told him, and he decided not to carry in his vehicle until he is A) over 21; and B) has his CHL (which he is going to apply for right before his birthday.)

[JNMAR]

This sort of thing really puzzles me. Our system of law is such that if there's not a law against it then it's legal, correct? How can someone be arrested for unlawful possession if it's not unlawful to begin with? With all due respect to respectable LE, there should be some automatic severe repercussions for such an arrest...without a citizen having to retain an attorney and file civil action for an unlawful arrest...accountability is a two way street. It shouldn't be possible for an officer to bring his own prejudices to the table if it means he can arrest someone for breaking a law that doesn't exist without him paying a bigger price than his prejudices are worth. Grrrrrrrrrrr! Okay, Off Rant!

[Vecco]

[quote] yes I have a 45 in the consul [quote/] Out of sight, concealed not in plain view. It should be explained on the arresting report why he was arrested and charged.

I would need to reread the Newest Travelers law on carrying but as I remember that was one of the conditioned that had to be met if you did not have a CHL. As I remember the new law last year was to merge the TL and the castle doctrine to say the same thing. Before the merger, if you had a CHL and your gun was in your truck in plain sight, you were committing a crime and could loose your CHL for having a weapon in public view and not concealed. But the other side was if you did not have a CHL you had to have the gun in plain sight and not concealed or you were breaking the law. As I remember it now reads that even with a CHL you can have the gun in your car in the open just like someone without a CHL. A CHL holder can also conceal the weapon on his person or in the car but a non CHL holder cannot and the firearm must be visible at all time. I hope it was a simple misunderstanding and everything works out. IF anyone looks this up and I am wrong please post it for me.

[TexasGal]

Is it possible your cousin had some prior record or probation that makes it illegal for him to have the handgun?
It is sad that our laws are so many and so confusing from one state to another that citizens who sincerely wish to abide by them get into trouble anyway. I hope this gets cleared up right away.

[bauerdj]

yes I have a 45 in the consul

[quote/]

Out of sight, concealed not in plain view. It should be explained on the arresting report why he was arrested and charged.

I would need to reread the Newest Travelers law on carrying but as I remember that was one of the conditioned that had to be met if you did not have a CHL. As I remember the new law last year was to merge the TL and the castle doctrine to say the same thing. Before the merger, if you had a CHL and your gun was in your truck in plain sight, you were committing a crime and could loose your CHL for having a weapon in public view and not concealed. But the other side was if you did not have a CHL you had to have the gun in plain sight and not concealed or you were breaking the law. As I remember it now reads that even with a CHL you can have the gun in your car in the open just like someone without a CHL. A CHL holder can also conceal the weapon on his person or in the car but a non CHL holder cannot and the firearm must be visible at all time. I hope it was a simple misunderstanding and everything works out. IF anyone looks this up and I am wrong please post it for me.

Needs to be concealed even under MPA (which from the original post this condition was met)

DaveB.

[Johnwatson]

He has no prior record of any sort they say he was arrested because you have to be 21 to carry it in your truck or car we plan to fight this and also file a law suit for wrongfully arresting Him.

[Keith B]

yes I have a 45 in the consul

[quote/]

Out of sight, concealed not in plain view. It should be explained on the arresting report why he was arrested and charged.

I would need to reread the Newest Travelers law on carrying but as I remember that was one of the conditioned that had to be met if you did not have a CHL. As I remember the new law last year was to merge the TL and the castle doctrine to say the same thing. Before the merger, if you had a CHL and your gun was in your truck in plain sight, you were committing a crime and could loose your CHL for having a weapon in public view and not concealed. But the other side was if you did not have a CHL you had to have the gun in plain sight and not concealed or you were breaking the law. As I remember it now reads that even with a CHL you can have the gun in your car in the open just like someone without a CHL. A CHL holder can also conceal the weapon on his person or in the car but a non CHL holder cannot and the firearm must be visible at all time. I hope it was a simple misunderstanding and everything works out. IF anyone looks this up and I am wrong please post it for me.

A handgun in Texas must be concealed with a CHL or under MPA. There is NO open display of a handgun allowed (not counting when you are shooting it.)

[Keith B]

He has no prior record of any sort they say he was arrested because you have to be 21 to carry it in your truck or car we plan to fight this and also file a law suit for wrongfully arresting Him.

BTW, welcome to the forum. Sorry this is the reason you are here, but glad to have you with us!

As srothstein said, get the best criminal defense lawyer you can and get him quickly. There is a good chance he can get with the DA and get him to drop charges. I would also see about filing a 1983 Civil Rights suit as this this is totally absurd. If you don't mind stating, what agency did the arresting?

[Pawpaw]

He has no prior record of any sort they say he was arrested because you have to be 21 to carry it in your truck or car we plan to fight this and also file a law suit for wrongfully arresting Him.

IANAL but as I read the statutes, you have to be 21 to purchase a handgun, but only 18 to possess one.

[texjames]

I am interested to see what happens.Only thing i can think of is maybe he is a non-resident, PA drivers license...?
Has he been to arraignment on the charge ?

[chartreuse]

I am interested to see what happens.Only thing i can think of is maybe he is a non-resident, PA drivers license...?

I wondered about that, but on checking the statute it simply says "person" rather than "resident".

[bdickens]

Ok so my cousin from pennslavina came down to start school here in Texas he's 19. So his third day here last night he gets pulled over for broken tail light and the officer asked him if he had any weapons in the car. He answered yes ....

Why? Why would someone do such a thing?