At the car dealership

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Unicorn Rancher
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Joined: Thu May 01, 2014 8:12 pm

Re: At the car dealership

#31

Post by Unicorn Rancher »

sbrew91 wrote: A handgun in even a locked case still constitutes "on or about his person".
Source?

sbrew91
Junior Member
Posts in topic: 2
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Joined: Wed May 07, 2014 1:39 am

Re: At the car dealership

#32

Post by sbrew91 »

sbrew91 wrote:
wakeboard wrote:
jmra wrote:
Jumping Frog wrote:
jmra wrote: So when he goes to the dealership he needs to take a suitcase with a lockbox in it. :mrgreen:
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. :headscratch
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.
I'll step back and admit my own foot in mouth. I should have said "A handgun in even a locked case, within reach still constitutes "on or about his person".I will say the only cases to cite are from the 60's and are about handguns in locked glove compartments. But to explain, I would reason it "on or about his person" in the situation of carrying the case around in public. I believe you would be pretty hard pressed to get a judge or jury to rule it was not "on your person" when the case, albeit locked, was in your hand.If you don't have the key, maybe. But if you have the gun in a locked case in you hand, and the key in your pocket, that seems pretty "within immediate access."

rockinar

Re: At the car dealership

#33

Post by rockinar »

wakeboard wrote:Hello everyone, I am new to this forum.. been watching this for a long time and have finally decided to register. :thumbs2:

So I was at the car dealership a few months ago getting my oil changed. I went inside and was sitting with the advisor and noticed he had a piece of paper on his desk saying "please remove these items from your vehicle before being serviced" and I noticed one of them listed was a firearm, I immediately thought to myself, oh no they are going to find my firearm in the center console and call the police and I will be questioned, so I told my advisor at the dealership( I will not say which one I was at) that I had a firearm in my vehicle, he immediately paged the service tech who took my car to the front, advised him there was a firearm in the vehicle and I went to get my firearm out of my vehicle. I did not have a CHL and it is legal to carry a loaded firearm in your vehicle, 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.

What could have been done better in this situation? I know the possibility of rescheduling and coming back to the dealership at another time without the firearm in my vehicle is an option, but I prefer to not go anywhere without my firearm in my vehicle in the state of Texas. Also, the dealership is about 45-50 minutes from my house which makes quite a drive. I did apply for my CHL ,so hopefully next oil change I will have a CHL and not have to worry about this.

This situation has "100% irresponsible" written all over it.
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