Concealed carry in vehicle now legal in Texas?

[seamusTX]

Does this law mean non chl holders have the same rights as a holder with immunity from civil suits in case an incident occurs?

The only requirement for civil immunity is that your use of force or deadly force was justified under Chapter 9 of the Penal Code.

Someone who didn't have a CHL and was carrying illegally could have other legal problems, but prosecution is unusual in that case, in Texas.

- Jim

[Liko81]

Does this law mean non chl holders have the same rights as a holder with immunity from civil suits in case an incident occurs?

The only requirement for civil immunity is that your use of force or deadly force was justified under Chapter 9 of the Penal Code.

Someone who didn't have a CHL and was carrying illegally could have other legal problems, but prosecution is unusual in that case, in Texas.

- Jim

Depends on the jurisdiction; you are still technically guilty of unlawful carry of a firearm unless you were heading directly between your car and home (the statute only mentions heading to your car, but do they expect you to never take a concealed handgun HOME from inside your car? that would affect my gas mileage with so many guns in the trunk). That does NOT and can NOT affect your justification for using even an illegally carried gun, but many urban jurisdictions will still rabidly pursue you for it.

Now, it should be noted (probably has already) that no immunity shall be granted in the case of injury to a third party. If you fire at a BG and miss or overpenetrate, you CAN be sued and prosecuted for assault/personal injury. Your justification for the shot fired AT the BG, or the fact that the BG was convicted of a crime, means precisely zero (that just means the BG can't sue you). You had no justification for shooting an innocent third party.

Now, hire a good lawyer and you can probably get the case thrown out. Introduce the Handgun Wounding and Effectiveness Factors bulletin for the FBI, and read from the passage where it states that (I paraphrase) approximately 1 out of 20 shots fired from an officer's handgun hit the target. It also states that fear of overpenetration CANNOT be a factor in selecting a handgun caliber. This is what the police generally use when justifying their handgun rounds. If you fired two shots, that both hit the target, but one overpenetrated and hit the target, you did infinitely better than the FBI expects their agents to do, and the overpenetration is no different than if you were an officer firing your government-issued duty weapon. If you missed, you would have to have fired twenty shots, nineteen of which missed, to be poorer than the FBI would expect their agents to be in the same situation. In short, your actions did pose a risk, but a police officer standing in your shoes could not be expected to do better.

[seamusTX]

Depends on the jurisdiction; you are still technically guilty of unlawful carry of a firearm unless you were heading directly between your car and home ...

That is true, but I never hear of it being prosecuted, with one exception: If a felon has a firearm and defends himself in such a way that he is not guilty of aggravated assault or murder, they will prosecute for felon in possession.

There was a case here a few months ago where a man shot himself with a pistol while walking on undeveloped land that he did not own. He initially reported that he was shot in a drive-by, but then admitted to shooting himself. He was not prosecuted either for making a false report or illegal carry. I asked a police officer that I know about it, and he said the DA's office just didn't want to bother, since the guy hurt only himself and was not otherwise committing a crime.

- Jim

[WildBill]

Now, hire a good lawyer and you can probably get the case thrown out. Introduce the Handgun Wounding and Effectiveness Factors bulletin for the FBI, and read from the passage where it states that (I paraphrase) approximately 1 out of 20 shots fired from an officer's handgun hit the target. It also states that fear of overpenetration CANNOT be a factor in selecting a handgun caliber. In short, your actions did pose a risk, but a police officer standing in your shoes could not be expected to do better.

Unless your lawyer is Perry Mason or Sebastian Shark, don't count on your case "being thrown out." Judges don't usually dismiss cases unless they have no legal merit and juries are generally not swayed by logic or statistics. You might be able to get some evidence introduced by an expert witness, but what could or should have happened with an LEO/FBI agent is irrelevant and immaterial.

[Rayden]

So I have mailed my CHL app Mar 24 and obviously still waiting for it to be processed and reach my hand. Meanwhile, I carry a loaded gun in my vehicle concealed whenever I drive.

The big question for me now is if I get pulled over, what is recommended as far as notifying the LEO of my weapon concealed in my car? I don't have my CHL yet so if he check my DL there won't be any CHL alert on screen. Will my declaring, if not asked, create more problems than it's worth? However though, if asked, I plan to notify the LEO of my firearm in my car.

[seamusTX]

IMHO, IANAL, etc.: In a traffic stop, you are the subject of a criminal investigation. It is best not to volunteer any information in such a situation. Just answer truthfully any questions that the officer asks.

It is probably not a good idea to say the words, "I have a gun," to a LEO. You might want to say something along the lines of, "I am carrying a weapon lawfully."

- Jim

[lrb111]

So I have mailed my CHL app Mar 24 and obviously still waiting for it to be processed and reach my hand. Meanwhile, I carry a loaded gun in my vehicle concealed whenever I drive.

The big question for me now is if I get pulled over, what is recommended as far as notifying the LEO of my weapon concealed in my car? I don't have my CHL yet so if he check my DL there won't be any CHL alert on screen. Will my declaring, if not asked, create more problems than it's worth?

It certainly could, and you are under no requirement to inform anyone, if not asked. Since, it's new law for us, I bet there are plenty of test case scenarios we haven't thought of. The "Hey, Officer, I've got a gun." test case is fairly predictable.

[Liberty]

I have also heard that Tarrant county does not recognize this law. Does this law mean non chl holders have the same rights as a holder with immunity from civil suits in case an incident occurs?

Ermm..
It is not their law to be reccognized.

[KBCraig]

So I have mailed my CHL app Mar 24 and obviously still waiting for it to be processed and reach my hand. Meanwhile, I carry a loaded gun in my vehicle concealed whenever I drive.

The big question for me now is if I get pulled over, what is recommended as far as notifying the LEO of my weapon concealed in my car? I don't have my CHL yet so if he check my DL there won't be any CHL alert on screen. Will my declaring, if not asked, create more problems than it's worth? However though, if asked, I plan to notify the LEO of my firearm in my car.

I think anyone who is waiting for their CHL to be processed should tell the officer while handing over their DL: "Just in case it comes up, I applied for my CHL, but I haven't received it yet. I heard sometimes it shows up on your computer before they arrive in the mail, so I wanted to let you know."

I would do that whether carrying or not. Beyond that, I wouldn't volunteer anything, but I would honestly answer the officer's questions.

[Rayden]

So I have mailed my CHL app Mar 24 and obviously still waiting for it to be processed and reach my hand. Meanwhile, I carry a loaded gun in my vehicle concealed whenever I drive.

The big question for me now is if I get pulled over, what is recommended as far as notifying the LEO of my weapon concealed in my car? I don't have my CHL yet so if he check my DL there won't be any CHL alert on screen. Will my declaring, if not asked, create more problems than it's worth? However though, if asked, I plan to notify the LEO of my firearm in my car.

I think anyone who is waiting for their CHL to be processed should tell the officer while handing over their DL: "Just in case it comes up, I applied for my CHL, but I haven't received it yet. I heard sometimes it shows up on your computer before they arrive in the mail, so I wanted to let you know."

I would do that whether carrying or not. Beyond that, I wouldn't volunteer anything, but I would honestly answer the officer's questions.

Interesting ... I think it's a good one. I might use it if I get pull over

[casingpoint]

How about concealed carry outside the vehicle now legal in Texas:
http://www.dallasobserver.com/2007-10-2 ... ll-travel/

[tarkus]

How about concealed carry outside the vehicle now legal in Texas:
http://www.dallasobserver.com/2007-10-2 ... ll-travel/

Craig Watkins is still wasting oxygen?
http://www.texasshooting.com/TexasCHL_F ... 0&start=45



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[somedudefromhouston]

The law regarding un licensed carry in , or to your car is clear to me. who can clarify the regulation in the scenario of a motorcyclist ?
My CHL is in process, and I wish to avail myself of the law. If I have a gun in a pocket, its obviously on my person, or in a bag that I am carrying over my shoulder. But if I am on the vehicle??Am I presumed traveling , thus protected?
Bikes dont have consoles or gloveboxes, and the only way access a saddle bag is to stop and "exit"the vehicle.

[seamusTX]

who can clarify the regulation in the scenario of a motorcyclist ?

Welcome to the forum.

Only a judge can clarify how the law applies to motorcycles.

Being on a motorcycle is legally equivalent to being in a motor vehicle for other legal purposes, such as the open container law. Traveling could also apply. It really would be up to an officer to decide whether to arrest you for illegal carry. If that happens, you get the clarification.

- Jim

[flb_78]

The law regarding un licensed carry in , or to your car is clear to me. who can clarify the regulation in the scenario of a motorcyclist ?
My CHL is in process, and I wish to avail myself of the law. If I have a gun in a pocket, its obviously on my person, or in a bag that I am carrying over my shoulder. But if I am on the vehicle??Am I presumed traveling , thus protected?
Bikes dont have consoles or gloveboxes, and the only way access a saddle bag is to stop and "exit"the vehicle.

The laws apply. You can carry the firearm in your pocket or in a backpack or in the saddlebags, but unless you are walking to or from your residence or motel/hotel room, then the firearm must stay with the motorcycle. You cannot take it into the mall, wal-mart, target, restaraunts, etc, etc, etc....