Question 'bout "Castle Law"

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Rockrz
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Question 'bout "Castle Law"

#1

Post by Rockrz »

I've heard about the "Castle Law" that was adopted by the state legislature in November of '07 that supposedly gives law abiding Texas citizens the right to have a concealed handgun in their automobile, their workplace, and of course their home without having to have a concealed gun permit.

Is this true?

What I was hearing was that this law is an adaptation of an old english law that allows you to protect your "castle" with deadly force if it's needed.

I'm thinking about building a steel strong box in my truck to carry a pistol and some ammo in case I ever need this, and I'd rather not get a concealed permit.

Is this going to be legal under this "Castle Law"?
Or, would I be going to jail for this if caught?
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KC5AV
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Re: Question 'bout "Castle Law"

#2

Post by KC5AV »

It isn't the Castle Doctrine that clarified this. It was HB 1815, or The Motorist Protection Act.

From what you describe, it sounds like you'd be legal.
There are already a number of vehicle safes you might look at, unless you just really want to build one.
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Re: Question 'bout "Castle Law"

#3

Post by Crossfire »

You are confusing two different laws.

The Castle Doctrine law briefly says that you have no duty to retreat from an intruder in your home, business, or any other place you have a lawful right to be. It also states that your attacker has no right to recover damages in a lawsuit against you for using deadly force, if that force is justified under Chapter 9 of the Texas Penal Code.

The Motorist Protection Act gives you the right to carry a concealed handgun in your car, your home, or premises under your control. There are a few qualifiers - you must be legally able to posess a firearm, not be a member of a criminal street gang, not be in the process of committing a crime, and must keep the handgun concealed.

So, the short answer is YES, you can keep a handgun in your car without obtaining a CHL.

The more responsible thing to do would be to take the CHL class so that you know the laws in Texas. Taking the class does not obligate you to get the license.
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Rockrz
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Re: Question 'bout "Castle Law"

#4

Post by Rockrz »

Crossfire wrote:Taking the class does not obligate you to get the license.
I'd rather not be on record as being a gun owner. Just a personal preference.

And, there are many other ways of learning what the laws are other than
taking the class, such as asking questions at Texas Shooting.com!

Thanks for the overview.
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Re: Question 'bout "Castle Law"

#5

Post by pbwalker »

Crossfire wrote:It also states that your attacker has no right to recover damages in a lawsuit against you for using deadly force, if that force is justified under Chapter 9 of the Texas Penal Code.
Well, I'll be. Ya learn something new every day. I had no idea this was part of the law as well.

Good job Texas!

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Re: Question 'bout "Castle Law"

#6

Post by drw »

Rockrz wrote:I'd rather not be on record as being a gun owner.
In that case, I hope you have never purchased a firearm from a dealer.

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Re: Question 'bout "Castle Law"

#7

Post by Rockrz »

drw wrote:In that case, I hope you have never purchased a firearm from a dealer.
If I did that, I'd be on the government's list of people to go after if/when the ultra liberals get into power.

Nope, just face to face purchases for me.

I just wait to find the good deals from guys that love guns enough to take care of them.
Buying a good used gun is very similar to buying a good used truck. Ya gotta be patient.
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Re: Question 'bout "Castle Law"

#8

Post by drw »

:thumbs2: :cheers2:

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Re: Question 'bout "Castle Law"

#9

Post by eric »

Getting the CHL is very much worth the money and time. If you have to leave your weapon in the vehicle all the time, it sounds like possible trouble. Walk a short distance away and encounter a problem and you will wish you had it. Hard to run back to get it in time of need.
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Re: Question 'bout "Castle Law"

#10

Post by agbullet2k1 »

Rockrz wrote:
Crossfire wrote:Taking the class does not obligate you to get the license.
I'd rather not be on record as being a gun owner. Just a personal preference.

And, there are many other ways of learning what the laws are other than
taking the class, such as asking questions at Texas Shooting.com!

Thanks for the overview.
Obtaining a CHL doesn't mean you own a gun any more than getting a DL means you own a car. It just means you can operate one in public, legally, should the need arise. I know several people with DL's that don't own a car, but do borrow one on occasion to do some home remodelling, go on vacation, etc.
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Re: Question 'bout "Castle Law"

#11

Post by BigBlueDodge »

Rockrz wrote:
drw wrote:In that case, I hope you have never purchased a firearm from a dealer.
If I did that, I'd be on the government's list of people to go after if/when the ultra liberals get into power.

Nope, just face to face purchases for me.

I just wait to find the good deals from guys that love guns enough to take care of them.
Buying a good used gun is very similar to buying a good used truck. Ya gotta be patient.

I'm always perplexed by the ever paranoind, Big Brother is out to get me type of people. With the Heller vs D.C. decision, our right to own firearms has been cemented into government law. Ultra Liberals cannot come after you for owning a gun, they can now only try and restrict what kinds of guns you can purchase. Given the the ruling said that citizens can use guns that are in common use at the time, revolvers and semi-auto handguns are here to stay. I firmly believe that you have nothing to worry about.

Honestly, I worry about the ones who go out of their way to hide things than the ones who prefer to do thing legit, and by the book. So let's say that you bought a 17 round Glock pistol, and all of the sudden Ultra Liberals take control and by an act of god, they manage to restrict handgun capacity to 6 rounds and anything above that is illegal. What you are saying is that you would rather they not know you have a illegal 17 round pistol. Since they won't know, then you can willingly break the law by continuing to possess your 17 round magazine. What is gained by trying to be so secretive?

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Re: Question 'bout "Castle Law"

#12

Post by drw »

BigBlueDodge wrote:What is gained by trying to be so secretive?
Your question isn't directed at me, but I'd like to take a stab at the answer:

Privacy, for starters. Control and freedom then come to mind. Your question implies the old fallacy "if you have done nothing wrong, why not submit to the search?"
BigBlueDodge wrote:Honestly, I worry about the ones who go out of their way to hide things than the ones who prefer to do thing legit, and by the book.
You are implying that purchasing a firearm from a private party with no paperwork is not legit, and not by the book. You are wrong, sir. The law says that private party transactions are free from paperwork and the privacy of both parties is secure. You shouldn't need to "worry about" people who conduct business in a law abiding fashion.

There are countless scenarios where privacy is a good thing, especially where it related to our ability to defend ourselves from enemies, foreign and domestic.

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Re: Question 'bout "Castle Law"

#13

Post by bdickens »

You know, event if "they" wanted to track your every move, "they" would never be able to do it; there isn't enough resources or manpower.
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Re: Question 'bout "Castle Law"

#14

Post by rm9792 »

If you are on some list and "they" come to see you simply hand over your prized .25acp jennings, moan how you will be defenseless now and bid them good day. Then get your 1911 out from hiding and go about your business. Throw aways can be useful. If the (doubtful) day ever comes to start confiscation then all my FFL purchases will be readily available while the rest will be in a safe place in the country.
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Re: Question 'bout "Castle Law"

#15

Post by Purplehood »

"They" might be able to do it after 90-120 days if it is your first-time conspiracy...
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