TexasCHLforum.com

First.... new member here, been lurking and learning a lot. Thanks to all for the great info!

I have a hypothetical question regarding the carrying of a firearm without a CHL in a motor vehicle under the Texas castle law. I've not taken the CHL test yet, hope to do that at the next opportunity (early May). It is my understanding that I am allowed to carry in my car without a CHL. I generally don't do this unless I'm traveling between my house and my inlaws' place where I shoot with my wife's dad. But sometimes I'll drive my wife to a local McDonalds where she picks up and returns DVD rentals at the RedBox machine. If it's late, I'll take the gun. I always wait in the car while she hops out to pick up or drop off the discs.

Question is, if (God forbid) someone attacks here while she is outside the car, am I forced by law to leave my weapon in the car, or can I legally exit the vehicle with my firearm to defend her?

I'm guessing the answer is, I must not leave the vehicle with my gun even though my wife is being attacked. But thought I'd ask anyway, since we were discussing this earlier.

Texas has a law (Section 9.22 of the Penal Code) called necessity. This says that you are justified in breaking the law if it is necessary to prevent imminent harm and the imminent harm is greater than the harm caused by breaking the law. So, if you are legally carrying in your car while your wife gets out, and you need to jump out to defend her from harm, you can legally take your weapon with you.

And, since I know others will if I don't, it is technically the Motorist Protection Act (MPA) and not the Castle Doctrine that allows you to carry in the car without a CHL.

srothstein wrote:Texas has a law (Section 9.22 of the Penal Code) called necessity. This says that you are justified in breaking the law if it is necessary to prevent imminent harm and the imminent harm is greater than the harm caused by breaking the law. So, if you are legally carrying in your car while your wife gets out, and you need to jump out to defend her from harm, you can legally take your weapon with you.

Good information. Thank you sir!

srothstein wrote:And, since I know others will if I don't, it is technically the Motorist Protection Act (MPA) and not the Castle Doctrine that allows you to carry in the car without a CHL.

I stand corrected.

Steve is one of our valuable gems.

someone once told me "i would rather be sitting in jail possibly facing a felony charge instead of losing a loved one"

Skiprr wrote:Steve is one of our valuable gems.

+1 on that!!

Skiprr wrote:Steve is one of our valuable gems.

I concur

plannuier wrote: It is my understanding that I am allowed to carry in my car without a CHL. I generally don't do this unless I'm traveling between my house and my inlaws' place where I shoot with my wife's dad. But sometimes I'll drive my wife to a local McDonalds where she picks up and returns DVD rentals at the RedBox machine. If it's late, I'll take the gun. I always wait in the car while she hops out to pick up or drop off the discs.

I did not know robberies/attacks/assaults, etc only happened late in the day in Waco. Why not car carry all the time? Hope you get in the CHL class soon. Glad to hear you are doing it!

srothstein wrote:Texas has a law (Section 9.22 of the Penal Code) called necessity. This says that you are justified in breaking the law if it is necessary to prevent imminent harm and the imminent harm is greater than the harm caused by breaking the law.

Wow, learn something new every day!

That's good info for sure.

Skiprr wrote:
Steve is one of our valuable gems.

I will agree to that, also. I always learn something from Steve's post.

-geo

lws380 wrote:I did not know robberies/attacks/assaults, etc only happened late in the day in Waco. Why not car carry all the time? Hope you get in the CHL class soon. Glad to hear you are doing it!

Good point.

I work from home, so don't get out much during the day. But lately if I go anywhere I find myself taking my PT145 along most of the time. I'm just not too crazy about the idea of leaving it in the car if I have to run into a store. Hoping to take the CHL class on May 8.

The mere fact the question has to be asked reflects the lows reached in Texas concerning gun regulation. The old timers from back in the day must be laughing their derrieres off in the graveyards of that once proud state before it was Californicated by the State Legislature.

srothstein thanks for the tip on Section 9.22 necessity... I am sure that could apply to many other things other than the carrying if firearms. Glad to know!

One other thing to keep in mind: our instructor told us that if you were in a self-defense situation and used a weapon that was somehow illegal (i.e. no CHL and you were in a public place carrying it on your body), the carry-infraction would be separate and not affect the shooting itself. In other words, you wouldn't be found guilty of murder or something just because you were carrying illegally. You'd be judged on the self-defense act separately, and judged on the weapons charge separately. I didn't state that very well, but hopefully it comes across. This can have huge consequences for some folks who decide to arm themselves for self-defense even when the laws of the land restrict that right.

And I'm sure someone will correct me if I'm wrong.