2007 HB 1815 Weapons in Cars

[tomneal]

I am only 18 months or so behind the information curve.

I was reading the DPS web site about new laws for September 2007 and found a note about HB 1815. I knew there was a bill that allowed Concealed carry of handguns in your car but DPS says it includes Illegal Knife or Club.

I hadn't read about that feature.

Did everyone else know this besides me?

[Rokyudai]

You didn't get the memo?? Oh well, I know that it has been discussed on the forum before. There would still be concern on my part in that said 'knife or club' is illegal if it comes out of your vehicle. So, if you have need to use it, how does it become practical to wield in the confines of the vehicle? Also, for the learning curve for LE, I just wouldn't want to have to explain the nuances of the law while in handycuffs.

I'll keep my ccw and hope it never has to be used...

[bdickens]

Man, where you been hiding? It was even on the front page of the Houston Chronicle.

[tomneal]

I was thinking of a buddy that told about carrying a 'tire thumper' when he was driving a truck. (college job)
and
The discussions about if you have a baseball bat in the car, you need a ball and glove as well.

Then there are the CHL holders that are married to someone that will not acquire a CHL. This bill allows both cars to have a 'car gun'.

[lrb111]

The part about

the Illegal Knife or Club

comes with the standard show stopping two words to watch for,, test case?

[casingpoint]

The statute seems very clear about the legality of moving an ordinarily illegal knife or club between your residence and vehicle. I doubt any DA is going to try and make a test case out of that. It's of great advantage to have such weapons when going between domicile and vehicle, and the Legislature in its infinite wisdom albeit diminished capacity nonetheless recognized this need of the citizenry. When traveling, as long as you took the illegal weapon outside the vehicle while under attack, it would probably be considered legal by most DA's and juries. My gut concern in Texas is a tomahawk a club or the legal equivalent of a club and thereby falls under H.B. 1815? There is probably no better deadly weapon for close quarters combat than a tomahawk.

[jbirds1210]

Sec. 46.02. Unlawful. Carrying Weapons.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on
or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly enroute to a motor vehicle that is owned by the person or under
the person's control.<snip>

I guess that would get tricky if you are enroute FROM a motor vehicle and going to a place that is not your property or under your control (karate dojo etc.)

[Ace_Inthe_O]

This applies to everyone not just people with CHLs?

[Keith B]

This applies to everyone not just people with CHLs?

This applies to those without CHL's. If you have a CHL you can carry concealed anywhere that is not listed as a prohibited location.

[casingpoint]

I guess that would get tricky if you are enroute FROM a motor vehicle and going to a place that is not your property or under your control

Good point. What constitutes a "place under your control"?

[John]

This applies to everyone not just people with CHLs?

This applies to those without CHL's. If you have a CHL you can carry concealed anywhere that is not listed as a prohibited location.

So this has probably been discussed already. Any chance this would get one around entering a 30.06 posted parking lot?

[tomneal]

Well that is interesting.

I the gun (or other weapon) is in your car
and
You are not carrying it under the CHL laws.

30.06 probably wouldn't apply.

Did you want to be the test case?

[Keith B]

This applies to everyone not just people with CHLs?

This applies to those without CHL's. If you have a CHL you can carry concealed anywhere that is not listed as a prohibited location.

So this has probably been discussed already. Any chance this would get one around entering a 30.06 posted parking lot?

There are those who believe that you can have a gun in the vehicle and not be carrying under the CHL authority. However, I feel if you have a CHL you are bound by the 30.06 no matter what (even if the others aren't.) Without a test case we really don't know.

[John]

Did you want to be the test case?

Nope!

[e-rawk]

So does the term "club" apply to my collapsable ASP baton?