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post #1 of 33 (permalink) Old 02-18-2010, 10:22 PM Thread Starter
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Gun carry in vehicle questions/ senario

what are the laws concerning carrying a weapon in a car? Here is the senario:

My dad and I are driving to Waco to do some kayak fishing in the morning, and will be sleeping in the truck for the night with the fishing equipment. I have my pistol in a locked case right now, but I would like to have it ready should the worst happen. The question is, Can I lawfully have it loaded in the car with me while we are sleeping? Or on my person? Thanks in advance.

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post #2 of 33 (permalink) Old 02-18-2010, 10:41 PM
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Pack your gun, and carry a Constitution.

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post #3 of 33 (permalink) Old 02-18-2010, 10:45 PM
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post #4 of 33 (permalink) Old 02-18-2010, 10:46 PM
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Originally Posted by Danny46 View Post
what are the laws concerning carrying a weapon in a car? Here is the senario:

My dad and I are driving to Waco to do some kayak fishing in the morning, and will be sleeping in the truck for the night with the fishing equipment. I have my pistol in a locked case right now, but I would like to have it ready should the worst happen. The question is, Can I lawfully have it loaded in the car with me while we are sleeping? Or on my person? Thanks in advance.
If you're not driving then no. Your dad can though.

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post #5 of 33 (permalink) Old 02-18-2010, 10:48 PM Thread Starter
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So the driver can carry? Or the owner? Is there a rule, like it has to be concealed?

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post #6 of 33 (permalink) Old 02-18-2010, 10:50 PM
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You have to keep it concealed in your butt cheeks. Tightly.
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post #7 of 33 (permalink) Old 02-18-2010, 10:53 PM
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You have to give the would be "victim" time to retreat and locate the proper authorities so he can have you arrested for trying to stop him/her from what "should" be his/hers.

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post #8 of 33 (permalink) Old 02-18-2010, 10:59 PM
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So the driver can carry? Or the owner? Is there a rule, like it has to be concealed?
That's my understanding, the driver / owner / person in possession, not passengers. I would double check the actual law. There are plenty of links to that in the Armory (where this post probably should have gone). It does have to be concealed but can be loaded and can be concealed on your person. Just don't get out and wander around with it.

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post #9 of 33 (permalink) Old 02-18-2010, 11:04 PM
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Sad that people are so terrified that they will be stopped, searched, and taken to jail.



Why is that I wonder?
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post #10 of 33 (permalink) Old 02-18-2010, 11:26 PM
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Sad that people are so terrified that they will be stopped, searched, and taken to jail.
Why is that I wonder?
JBT'hugery.
I carried for a long time pre chl, in states that were very strict on gun rules. Fuck em. They won't be there to defend me and oddly enough, I will be, so being prepared is mandatory.

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post #11 of 33 (permalink) Old 02-18-2010, 11:28 PM
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You have to give the would be "victim" time to retreat and locate the proper authorities so he can have you arrested for trying to stop him/her from what "should" be his/hers.
Damn, are you mocking 5.0 svo? If so, well played sir!

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post #12 of 33 (permalink) Old 02-19-2010, 12:18 AM
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I asked this question the other day. The answer can be found in this thread.

https://www.dfwstangs.net/forums/showthread.php?t=409993
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post #13 of 33 (permalink) Old 02-19-2010, 12:26 AM
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Quote:
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what are the laws concerning carrying a weapon in a car? Here is the senario:

My dad and I are driving to Waco to do some kayak fishing in the morning, and will be sleeping in the truck for the night with the fishing equipment. I have my pistol in a locked case right now, but I would like to have it ready should the worst happen. The question is, Can I lawfully have it loaded in the car with me while we are sleeping? Or on my person? Thanks in advance.
Go get a CHL and never worry about that crap..

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post #14 of 33 (permalink) Old 02-19-2010, 12:38 AM
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I just got a CHL to keep ignorant law enforcement off my back. State law doesn't trump my 2nd Ammendment. BTW, keep it in the car, concealed and you'll be OK.
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post #15 of 33 (permalink) Old 02-19-2010, 12:43 AM
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Jesus, this must be covered every week. Google the shit.

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post #16 of 33 (permalink) Old 02-19-2010, 01:48 AM
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It is time to make a damn sticky about this. Preferably one where we don't all bitch about it needing to be made a sticky, insult forum members, and then and cuss and so forth.
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post #17 of 33 (permalink) Old 02-19-2010, 01:50 AM
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It is time to make a damn sticky about this. Preferably one where we don't all bitch about it needing to be made a sticky, insult forum members, and then and cuss and so forth.
Talk about reducing the traffic in the gun forum!
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post #18 of 33 (permalink) Old 02-19-2010, 02:11 AM
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Talk about reducing the traffic in the gun forum!
it could potentially destroy the sub forum, yes.
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post #19 of 33 (permalink) Old 02-19-2010, 02:21 AM
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I'd just start crap by asking if hi-cap mags were legal
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post #20 of 33 (permalink) Old 02-19-2010, 06:03 AM
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https://www.dfwstangs.net/forums/show...34&postcount=2

Here's your answer.

Leah got me thinking about the "under the person's control" portion of the statute. I would argue that a passenger has some control over at least the area they occupy, as evidenced by being held accoutable for contraband found in/near the area they are sitting in.

In my interpretation, if you are a passenger, then you too can have a firearm if you follow the requirements set out in the above chapter.

I have seen nor heard of any arrests of passengers using this statute, nor have I seen any case law as of yet.

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post #21 of 33 (permalink) Old 02-19-2010, 08:21 AM
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I've always heard that you can carry in your vehicle as long as it's concealed and NOT on your person (i.e. under the seat or in the glovebox or center console).
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post #22 of 33 (permalink) Old 02-19-2010, 08:29 AM
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I've always heard that you can carry in your vehicle as long as it's concealed and NOT on your person (i.e. under the seat or in the glovebox or center console).
If it's concealed, it's concealed. If it's on your person and you're in the car... well, I'll let you come up with the rest.
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post #23 of 33 (permalink) Old 02-19-2010, 01:09 PM
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I;d just put it in the glove box locked...

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post #24 of 33 (permalink) Old 02-19-2010, 01:27 PM
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Why locked?
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post #25 of 33 (permalink) Old 02-19-2010, 06:59 PM
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Why locked?
Because that way the cops need a search warrant.

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post #26 of 33 (permalink) Old 02-19-2010, 07:13 PM
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Because that way the cops need a search warrant.
And they always get one, so you're just postponing the inevitable and ending up dead with a pair of keys in your hand if you do get in a bad situation.
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post #27 of 33 (permalink) Old 02-19-2010, 09:05 PM
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100% legal google texas castle laws

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post #28 of 33 (permalink) Old 02-22-2010, 01:03 AM Thread Starter
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Thanks to everyone for the response, the information was definitley useful, sorry for sticking this in the wrong section.

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post #29 of 33 (permalink) Old 02-22-2010, 01:09 AM
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Because that way the cops need a search warrant.
I'm still not getting this philosophy. Why take an already legal action and create a crime? If you fail to disclose that you have a weapon when asked by law enforcement, you're fucked.
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post #30 of 33 (permalink) Old 02-22-2010, 06:53 AM
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I;d just put it in the glove box locked...
Because he is using it to weight down his all the old copies of his insurance slips...

Excuse me sir, before you continue to hurt me, let me turn off my car, remove the keys from the ignition, unlock the glove box, retrieve my hand gun, and stop you.

Holster strapped to the underside of the seat. end of story
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post #31 of 33 (permalink) Old 02-25-2010, 04:32 PM
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Leah got me thinking about the "under the person's control" portion of the statute. I would argue that a passenger has some control over at least the area they occupy, as evidenced by being held accoutable for contraband found in/near the area they are sitting in.

In my interpretation, if you are a passenger, then you too can have a firearm if you follow the requirements set out in the above chapter.

I have seen nor heard of any arrests of passengers using this statute, nor have I seen any case law as of yet.
That was me.. And IDK man, I would still be hesitant.

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inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.
To me, "inside of ... a motor vehicle that is ... under the person's control" means the driver, or maybe the lone occupant, if he is not driving. They are the person in control of the vehicle, not a simple passenger. Two people cannot be in control of the same vehicle. There is obviously some room for interpretation there but I wouldn't risk it. The lack of case law is more of a reason I wouldn't do it. I don't want to be the test case.

I could see making your argument though, if arrested.

What is the verbiage for the law on the owner or manager of a bar being able to possess a firearm?

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post #32 of 33 (permalink) Old 02-25-2010, 04:45 PM
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what are the laws concerning carrying a weapon in a car? Here is the senario:

My dad and I are driving to Waco to do some kayak fishing in the morning, and will be sleeping in the truck for the night with the fishing equipment. I have my pistol in a locked case right now, but I would like to have it ready should the worst happen. The question is, Can I lawfully have it loaded in the car with me while we are sleeping? Or on my person? Thanks in advance.
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post #33 of 33 (permalink) Old 02-25-2010, 05:36 PM
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"If I am carrying in a car and not a CHL holder as a passenger when we get pulled over, all you have to do is decide to 'give' it to the driver'. In Texas that is perfectly legal"

- my CHL instructor


In short, yes..pack it in the console, if you get pulled over, then it is 'your dads gun'. Whos name it is in is irrelevant.

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