Question about vehicle carry

[FishinTheBarge]

First off, I've been lurking around this site for some time and it is so full of useful and great information, I decided to register. I'm planning on taking my CHL class here in the next few months when I have some time off from work.

Anyway, my question is with the new Castle law that came into affect, I've heard several different "opinions" from CHL holders and non holders involving carrying in your vehicle without a CHL. From passing through counties, traveling, unloaded ect. I've been under the impression that as long as you are in control of the vehicle and not committing a class A misdemeanor you were okay to conceal in a vehicle. Now I understand pending beating the ticket, but taking the ride downtown depending on the officer and the county. What is the true law regarding carrying in your vehicle without a CHL. Thanks ahead for your responses, and once again for the wealth of information on this site.

Future CHL holder

[longtooth]

Burden of proff is now on the State to prove you are not legally "traveling"

5 Criteria. Someone soon will cite the legal section & paragraph. In Deep East Texas English

1. You can legally own the firearm.
2. You are in your personal vehicle. Not driving the friends or a comercial vehicle.
3. Not involved in any illegal activity above a class C misdemeanor. ie trafic violation.
4. Not showing signs of gang membership or affiliation.
5. Must be concealed.

Better & Best to get the CHL which you are doing.

[WildBill]

Welcome to the forum FishinTheBarge.
Here's a previous thread about H.B. 1815 "The Motorist Protection Act" with lots of information and a link to the bill.
http://www.texaschlforum.com/viewtopic.php?f=23&t=7834" onclick="window.open(this.href);return false;
http://www.legis.state.tx.us/tlodocs/80 ... 01815F.htm" onclick="window.open(this.href);return false;

[joe817]

HI FishinTheBarge, welcome to the forum! Glad to have you with us.

As you will be taking a CHL class in the future, you can begin your studies by reading the CHL Handbook that is passed out to everyone taking a CHL class. i can honestly say I had a much easier time by reading the Handbook BEFORE taking the class, as the classroom instruction filled in what I had missed.

It's online at DPS website. I saved it to my favs and read it daily. This link to the Handbook is exactly what you will receive in class:

http://www.txdps.state.tx.us/ftp/forms/LS-16.pdf" onclick="window.open(this.href);return false;

Don't get frustrated when you read it, as it may not be totally clear to you what is said. That's what I found. If you have a question on something, come here and pose the question. That's what this forum is for. Exchanging ideas and getting clarifications on the Law.

Anywho, enjoy the read, and look forward to your postings.

[Dragonfighter]

Yup, I agree. It's a real page turner.

[ELB]

A relevant part of the law is quoted in this thread -- basically same question at same time. Best wishes. elb

http://texaschlforum.com/viewtopic.php?f=7&t=30532" onclick="window.open(this.href);return false;

[joe817]

OMG! ELB, I clicked on your link and thought I was in the Twilight Zone, caught in an infinite loop!

Phew. Thanks, I think.

[Charles L. Cotton]

Here's the short version.

It's not illegal to have a handgun in your car or a car under your control.

It is illegal to have a handgun in your car or a car under your control if:

• It is in plain view;
  You are engaged in criminal activity other than Class C traffic violations;
  You are prohibited from possessing firearms by state or federal law; or
  You are a member of a criminal street gang as defined in Chp. 71 of the Texas Penal Code.

Chas.

[lawrnk]

Burden of proff is now on the State to prove you are not legally "traveling"

5 Criteria. Someone soon will cite the legal section & paragraph. In Deep East Texas English

1. You can legally own the firearm.
2. You are in your personal vehicle. Not driving the friends or a comercial vehicle.
3. Not involved in any illegal activity above a class C misdemeanor. ie trafic violation.
4. Not showing signs of gang membership or affiliation.
5. Must be concealed.

Better & Best to get the CHL which you are doing.

Number 2 is completely new to me. I was unaware you must own the vehicle.

[Charles L. Cotton]

Burden of proff is now on the State to prove you are not legally "traveling"

5 Criteria. Someone soon will cite the legal section & paragraph. In Deep East Texas English

1. You can legally own the firearm.
2. You are in your personal vehicle. Not driving the friends or a comercial vehicle.
3. Not involved in any illegal activity above a class C misdemeanor. ie trafic violation.
4. Not showing signs of gang membership or affiliation.
5. Must be concealed.

Better & Best to get the CHL which you are doing.

Number 2 is completely new to me. I was unaware you must own the vehicle.

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 en route to a motor vehicle that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

• (1) the handgun is in plain view; or
  
  (2) the person is:
  
  • (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
    
    (B) prohibited by law from possessing a firearm; or
    
    (C) a member of a criminal street gang, as defined by Section 71.01.

Emphasis added.

In order to apply, the car must either be your car, or a car under your control.

Chas.

[Mando'a]

Here's the short version.

It's not illegal to have a handgun in your car or a car under your control.

It is illegal to have a handgun in your car or a car under your control if:

• It is in plain view;
  You are engaged in criminal activity other than Class C traffic violations;
  You are prohibited from possessing firearms by state or federal law; or
  You are a member of a criminal street gang as defined in Chp. 71 of the Texas Penal Code.

Chas.

If all of these requirements are met, could a non-chl holder have a handgun in, e.g., a glove-box on a school parking lot?

I know a CHL holder can.

Thanks,

Larry

[Purplehood]

Here's the short version.

It's not illegal to have a handgun in your car or a car under your control.

It is illegal to have a handgun in your car or a car under your control if:

• It is in plain view;
  You are engaged in criminal activity other than Class C traffic violations;
  You are prohibited from possessing firearms by state or federal law; or
  You are a member of a criminal street gang as defined in Chp. 71 of the Texas Penal Code.

Chas.

If all of these requirements are met, could a non-chl holder have a handgun in, e.g., a glove-box on a school parking lot?

I know a CHL holder can.

Thanks,

Larry

From other threads on the subject, I believe that the short answer for a non-CHL holder is "No".

[mctowalot]

Could someone please clarify "commercial" vehicle? (a post above indicates that commercial vehicles are excluded from the act)

First of all is it ok to carry in a commercial vehicle or not?

Is there any difference regarding the weight of the commercial vehicle, type of TDL endorsement required to operate the vehicle?
Can I carry in my Ice Cream Truck, my Taxi, my Tow Truck that is under 25,999 GVWR - (any thing above that requires a CDL)?
Can I carry in my vehicle that does require a CDL?
Why do fools fall in love?
I thank any one who can answer any of the above questions in advance.

[apostate]

Texas law says "a motor vehicle that is owned by the person or under the person's control." I'm not a lawyer and offer no opinion as to whether any particular commercial vehicle is owned or controlled by you.

[surprise_i'm_armed]

Mando'a asked:
If all of these requirements are met, could a non-chl holder have a handgun in, e.g., a glove-box on a school parking lot?

I know a CHL holder can.

IIRC, the Federal GFSZA (Gun Free School Zone Act) prohibits guns on any school
property (both the buildings and the parking lots)

UNLESS
the owner of the gun has a CHL issued by the state in which the
school is located. When you become a CHL, you are allowed to leave your
gun in your vehicle, but are still prohibited from bringing it into the bldg.

Texas CHL law describes "premises" where you can't carry as the school buildings,
but specifically allows CHL's to store their guns in any parking lots, parking spaces,
etc, unless the whole parking lot is posted 30.06. Public government facilities are
not supposed to be 30.06'd, but sometimes they are anyway, which violates the law.

30.06 is the part of CHL law which allows private property owners to give notice
to CHL's that they can't carry inside.

IANAL (I am not a lawyer). IIRC = If I Recall Correctly.

SIA