View Full Version : Can I Carry In My Car With Out a CHL?
Mike69
11-12-2008, 07:40 PM
Someone was telling me that it's legal to carry in your car in Texas. Is this true?
Osiris
11-12-2008, 07:46 PM
You decide on this.
ec. 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.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
propellerhead
11-12-2008, 07:48 PM
As long as it's not in plain view and you are not engaged in criminal activity other than a Class C misdemeanor, you are not a gang member, or otherwise prohibited by law to posses a handgun.
Mike69
11-12-2008, 07:54 PM
So does it have to be unloaded & in the trunk? Or, can it be loaded & under the seat?
5.0LiterRiceEater
11-12-2008, 07:56 PM
So does it have to be unloaded & in the trunk? Or, can it be loaded & under the seat?
It can be loaded anywhere out of site.
lilvega
11-12-2008, 07:58 PM
You can carry it on your person concealed or in the glove box/console as long as
its not visable. Yes, it can be loaded. BUT, once you leave your car, you are no longer protected by the law.
travelers law. has been around for a while but never defined traveling until recently.
Craizie
11-12-2008, 11:32 PM
You can carry it on your person concealed or in the glove box/console as long as
its not visable. Yes, it can be loaded. BUT, once you leave your car, you are no longer protected by the law.
travelers law. has been around for a while but never defined traveling until recently.
I thought i read you could carry to/from the car when leaving/arriving at your destination.
Denny
11-12-2008, 11:48 PM
I thought i read you could carry to/from the car when leaving/arriving at your destination.
Not if your destination is a public facility. This exemption is basically saying that your vehicle is an extrnsion of your residence.
Craizie
11-13-2008, 01:26 AM
Not if your destination is a public facility. This exemption is basically saying that your vehicle is an extrnsion of your residence.
Well yea, I didnt mean you could drive to the mall and carry.
Mike69
11-13-2008, 05:42 AM
So in & around town I can carry it under my seat loaded with out a CHL?
Denny
11-13-2008, 05:50 AM
So in & around town I can carry it under my seat loaded with out a CHL?
yep
Brad88gt
11-13-2008, 07:46 AM
What about school zones? Can you still carry in your vehicle if you are driving through a school zone, or do you have to avoid them?
If you are pulled over, is it best to let the officer know up front that you have a weapon in your vehicle just like you would with a CHL?
Just curious, I just submitted my CHL paperwork and don't want to mess that up in any way.
dustin
11-13-2008, 07:54 AM
What about school zones? Can you still carry in your vehicle if you are driving through a school zone, or do you have to avoid them?
If you are pulled over, is it best to let the officer know up front that you have a weapon in your vehicle just like you would with a CHL?
Just curious, I just submitted my CHL paperwork and don't want to mess that up in any way.
You should always pull over and dispose of your firearm when driving through school zones. :rolleyes:
You don't have to make special trips away from school zones because you are carrying. I don't know what everyone else will say but I asked a police officer who is a good friend of mine and he said dont tell the officer if you get pulled over.
HarrisonBT
11-13-2008, 08:43 AM
What about school zones? Can you still carry in your vehicle if you are driving through a school zone, or do you have to avoid them?
If you are pulled over, is it best to let the officer know up front that you have a weapon in your vehicle just like you would with a CHL?
This first part is a little ridiculous.
As far as letting the cop know. I dont think it matters. I was pulled over 5 times with my loaded .357 under the seat, last year, and told one cop.
Look at it this way. Some cops, think only cops should have guns, and if you tell him you are carrying MAYBE! you may get a little more harasment, and that ticket you were gonna get out of, you just got youself. They may start looking for other things to write you up on.
On the other hand.
Some officers think its cool if everyone can protect themselves, and will look at you in a different light, if you keep your hands on the steering wheel, and the first words out of your mouth are "i have a weapon under the seat"
I think it all depends on the cop, and the situation. If its just getting pulled over for speeding, and thats it, i wouldnt mention it, it would just drag out the process of getting a speeding ticket.
JP135
11-13-2008, 08:48 AM
...it all depends on the cop, and the situation.
True words of wisdom right there. I'm being completely serious. Excellent post.
If I'm not doing anything wrong and a cop asks me if I have a gun in the vehicle, I am going to tell him the truth. Why not?
That doesn't mean that when he pulls me over and is walking up to my car that I'm going to stick my head out the window and yell "Hey, I've got a gun in here!".
Denny
11-13-2008, 09:40 AM
What about school zones? Can you still carry in your vehicle if you are driving through a school zone, or do you have to avoid them?
If you are pulled over, is it best to let the officer know up front that you have a weapon in your vehicle just like you would with a CHL?
Just curious, I just submitted my CHL paperwork and don't want to mess that up in any way.
The judge said you and I can't be in school zones anyway!
GT Dan
11-13-2008, 09:42 AM
In Illinois, its illegal to have a weapon within 1000 feet of a school zone.
If I'm not mistaken, the Federal Gun Free School Zones Act says its illegal within 1000ft as well.
Just get your CHL and be done with it...
Brad88gt
11-13-2008, 09:55 AM
In Illinois, its illegal to have a weapon within 1000 feet of a school zone.
If I'm not mistaken, the Federal Gun Free School Zones Act says its illegal within 1000ft as well.
Just get your CHL and be done with it...
This is what I was referring to. I carry in my vehicle most of the time, and no i don't avoid school zones. I was just wondering if I would be fucked if I got pulled over in one and the officer asked if I had any weapons.
Brad88gt
11-13-2008, 09:55 AM
The judge said you and I can't be in school zones anyway!
I am off probation now fucker, and she said she was 18! :mad:
fomocosun
11-13-2008, 10:05 AM
anytime I have ever been pulled over I have been asked If there where weapons in the car. :mad:
Denny
11-13-2008, 10:09 AM
anytime I have ever been pulled over I have been asked If there where weapons in the car. :mad:
SOP
fomocosun
11-13-2008, 10:20 AM
[QUOTE=Denny]SOP[/QUOTE
SOP??
Denny
11-13-2008, 10:22 AM
[QUOTE=Denny]SOP[/QUOTE
SOP??
Standard Operating Procedure, don't take offense.
It's truely for the safety of all parties involved.
A cop would be a real dick to mess with you about having a gun in the car if you just happened to be passing through a school zone. It wouldn't be hard to fight. That being said, I've been pulled over once since I started packing in the car, and i told the cop, and he thanked me. It's really best that you aren't confrontational/adversarial with the cops. That's step 1.
fomocosun
11-13-2008, 10:30 AM
Good I thought I was the only one that was asked that lol.When they ask I just tell them what I have and where it is and have never had a problem.
Denny
11-13-2008, 10:36 AM
Good I thought I was the only one that was asked that lol.When they ask I just tell them what I have and where it is and have never had a problem.
That's usually the norm.
David
11-13-2008, 10:40 AM
They dont ask, I dont tell.
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