At the car dealership

[nyj]

I'm a little confused...why did you get a rental car when you were just getting an oil change? The gun should have just stayed in the glove box. There's no reason for a technician to go through your things for an oil change.

[Running Arrow Bill]

Wakeboard...why would you need to get a rental car while waiting on a 30 minute oil change? Unless, of course, your only option was to leave it overnight at a backed-up Dealer. There are other quicker options for an oil change. Isn't a law or warranty issue that a person has to have a Dealer change one's oil. JMO

[wakeboard]

I'm a little confused...why did you get a rental car when you were just getting an oil change? The gun should have just stayed in the glove box. There's no reason for a technician to go through your things for an oil change.

The oil change on my specific vehicle is not an average vehicle, it takes a few hours... a little bit more of a high end vehicle.. . I took about 6 hours to get it changed, and I did not want to wait at the dealership. And to anser the last question, I do not know, that is the dealerships policy that is stated on the service advisors desk. "Items to not be left in the car during service"

[nyj]

you got a ferrari or something?

[wakeboard]

you got a ferrari or something?

something like that, I only let the dealership touch the car when I take it in for service, so that's why I go to the dealership for oil changes and other maintenance

[Rifleman55]

The dealer does not want to be responsible for personal property left in cars. That said, a number of years ago when I worked on cars it was not unusual to find firearms under the seats. That was long before the days of the CHL law. I have even found pot behind the dash on vehicles, you never knew what you would find, what ever was there stayed in the vehicle.

[Jumping Frog]

Good point.
How does someone without a CHL declare a handgun in their checked baggage at an airport without violating the law? I don't recall a CHL being a requirement to transport a handgun in such a manner.

A non-licensee declaring a handgun that is in a locked case in their luggage is legal because the handgun is not being carried on or about his/her person.

PC §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 . . .

[jmra]

Good point.
How does someone without a CHL declare a handgun in their checked baggage at an airport without violating the law? I don't recall a CHL being a requirement to transport a handgun in such a manner.

A non-licensee declaring a handgun that is in a locked case in their luggage is legal because the handgun is not being carried on or about his/her person.

PC §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 . . .

So when he goes to the dealership he needs to take a suitcase with a lockbox in it.

[wakeboard]

Good point.
How does someone without a CHL declare a handgun in their checked baggage at an airport without violating the law? I don't recall a CHL being a requirement to transport a handgun in such a manner.

A non-licensee declaring a handgun that is in a locked case in their luggage is legal because the handgun is not being carried on or about his/her person.

PC §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 . . .

So when he goes to the dealership he needs to take a suitcase with a lockbox in it.

Is that legal to walk around a car dealership with a suitcase/briefcase with a firearm in it..without a CHL? It's not being carried on your person.

[jmra]

Good point.
How does someone without a CHL declare a handgun in their checked baggage at an airport without violating the law? I don't recall a CHL being a requirement to transport a handgun in such a manner.

A non-licensee declaring a handgun that is in a locked case in their luggage is legal because the handgun is not being carried on or about his/her person.

PC §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 . . .

So when he goes to the dealership he needs to take a suitcase with a lockbox in it.

Is that legal to walk around a car dealership with a suitcase/briefcase with a firearm in it..without a CHL? It's not being carried on your person.

I don't know. But I know people routinely take their suitcase with a firearm in it from the parking garage to the ticket counter and declare the firearm when they check their luggage. Many of these people do not have CHLs. Whatever the legal method of carrying that firearm from the parking garage to the ticket counter is should also work for the OP at the dealership.

[talltex]

I advised the advisor this information, he said put it on your pocket and bring it into the dealership it won't be a big deal..luckily it was cold day so I was wearing a hoody and could easily hide my full size S&W under my hoody in the holster. We went ahead and got me a rental car. They were all very calm and cool with the situation.

There ya' go...problem solved. That's the simple and logical way to handle it, and I can't imagine any LEO that would would make an issue of it under those circumstances. At my business, if the situation arose, I'd tell him to go get it and bring it in until he was ready to leave, or if he was worried about it, I'd simply go get it for him...it's on my property and I'll carry it wherever I please. Technically, you might be in violation...for a brief moment...but no more so than any other person without a CHL who had just purchased a handgun and was carrying it back to his vehicle. That scenario happens thousands of times every day with people buying a handgun from a gunstore, or at a gun show, or from an individual, and I've never heard of anyone being arrested for carrying it to the car. Under the MPA, a citizen has the right to carry it in their car, and while the law doesn't specifically address it, I think it is a valid assumption that vehicles don't come equipped with a handgun from the factory, so it's a given that citizens will have to carry it to the vehicle at some point.

[wakeboard]

I think it is a valid assumption that vehicles don't come equipped with a handgun from the factory, so it's a given that citizens will have to carry it to the vehicle at some point.

would be a nice addon..

[sbrew91]

Good point.
How does someone without a CHL declare a handgun in their checked baggage at an airport without violating the law? I don't recall a CHL being a requirement to transport a handgun in such a manner.

A non-licensee declaring a handgun that is in a locked case in their luggage is legal because the handgun is not being carried on or about his/her person.

PC §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 . . .

So when he goes to the dealership he needs to take a suitcase with a lockbox in it.

Is that legal to walk around a car dealership with a suitcase/briefcase with a firearm in it..without a CHL? It's not being carried on your person.

A handgun in even a locked case still constitutes "on or about his person". The "legal loophole" for taking it in the airport can be found in Penal Code Chapter 46.

Sec. 46.15: NONAPPLICABILITY
(b) Section 46.02 does not apply to a person who:
(2) is traveling

[jbarn]

Good point.
How does someone without a CHL declare a handgun in their checked baggage at an airport without violating the law? I don't recall a CHL being a requirement to transport a handgun in such a manner.

A non-licensee declaring a handgun that is in a locked case in their luggage is legal because the handgun is not being carried on or about his/her person.

PC §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 . . .

So when he goes to the dealership he needs to take a suitcase with a lockbox in it.

Is that legal to walk around a car dealership with a suitcase/briefcase with a firearm in it..without a CHL? It's not being carried on your person.

A handgun in even a locked case still constitutes "on or about his person". The "legal loophole" for taking it in the airport can be found in Penal Code Chapter 46.

Sec. 46.15: NONAPPLICABILITY
(b) Section 46.02 does not apply to a person who:
(2) is traveling

Welcome to the forum. Do you have case law to cite to support your claim? The last I am aware of defimes about your person as " within your immediate access".

I am not necessarily disagreeing, just looking for evidence.

[troglodyte]

Don't leave anything of value in your car when getting it serviced.

I knew a lady that kept her revolver in her car. She took her vehicle in to the dealership for some repairs and returned to work. No sooner than she got back to work she realized her gun was still in the car. Borrowing a co-workers car she drove back to the dealership to retriever her gun. When she got there, no more than an hour since she dropped it off, it was already gone. Of course the dealership "looked" for it and then said sorry "not responsible for items left in vehicles". She reported it stolen. About two years later it was found in a town 2-hours away. The occupant of the home had been arrested for something and the gun recovered in the search of the property. It took another 8 months for it to clear the legal system and be returned to her.

Overall it sounded like it turned out OK. I may have not disclosed there was a gun in the car, just some things I needed to get out but no harm no foul.