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post #1 of 38 (permalink) Old 04-16-2010, 11:51 AM Thread Starter
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Question about carrying in a vehicle.

Last I heard I was told you can carry your handgun in your car without a CHL as long as it's in the glovebox, center console, etc. I was told by a guy at Cabelas that was illegal and I'd go to jail. What are the stipulations on this? I'd like to keep 1 in the car and the house until I get my CHL; Then, it'll be in my purse.
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post #2 of 38 (permalink) Old 04-16-2010, 11:57 AM
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You can carry one in your car just cant have it in plain sight.
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post #3 of 38 (permalink) Old 04-16-2010, 12:03 PM
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yeah u can have it in your car without a CHL

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post #4 of 38 (permalink) Old 04-16-2010, 12:04 PM Thread Starter
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Awesome! Thanks. Do I need to notify the officer if I were to get pulled over while having it in the center console?
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post #5 of 38 (permalink) Old 04-16-2010, 12:11 PM
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Originally Posted by downshift_me View Post
Awesome! Thanks. Do I need to notify the officer if I were to get pulled over while having it in the center console?
Currently, the law does not require you to notify the officer. However, the CHL law says you have to. However, most will advise it's a good idea to do so.

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post #6 of 38 (permalink) Old 04-16-2010, 12:17 PM
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It is only illegal to have a handgun in your car if you are committing a crime, are restricted from carrying (convicted felon, convicted of a family violence offense, etc.) or are a known and certitifed gang member.

Understand that even a person who gets caught committing a petty theft and has an otherwise legal handfun is going to jail for the theft and UCW. Law-abiding citizens have every right to carry a concealed handgun in their car.

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post #7 of 38 (permalink) Old 04-16-2010, 12:54 PM
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Currently, the law does not require you to notify the officer. However, the CHL law says you have to. However, most will advise it's a good idea to do so.
I believe they changed the law, where as you don't have to say you do as a CHL.

I still would tell the LEO as a CHL, though.

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post #8 of 38 (permalink) Old 04-16-2010, 12:57 PM
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so can the handgun be loaded? Or does it have to be unloaded with the mag in another part of the vehicle?

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post #9 of 38 (permalink) Old 04-16-2010, 01:01 PM
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so can the handgun be loaded? Or does it have to be unloaded with the mag in another part of the vehicle?
It can be loaded. Unloaded guns are a waste.
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post #10 of 38 (permalink) Old 04-16-2010, 01:02 PM
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post #11 of 38 (permalink) Old 04-16-2010, 01:15 PM
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It can be loaded. Unloaded guns are a waste.
True dat. Looks like my lil 9mm gonna take a ride with me later.

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post #12 of 38 (permalink) Old 04-16-2010, 01:26 PM
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Originally Posted by downshift_me View Post
Awesome! Thanks. Do I need to notify the officer if I were to get pulled over while having it in the center console?
Without a CHL, you have no duty to notify the officer.

Honestly, I'm not sure I would tell the officer unless it was in the same location as my insurance or some other item the officer has requested.

With a CHL, it is my opinion that you should notify the officer even if it is no longer a requirement. I'd rather tell the officer up front than have them come back and grill me as to why I didn't tell them about my CHL. I'd rather not argue about what the law says with the officer while he has me stopped.

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post #13 of 38 (permalink) Old 04-16-2010, 01:32 PM
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Why not look at the law yourself, rather than taking the advice of cabela's employees, or a bunch of keyboard warriors here.
Why would it make a difference if its in the glovebox or not. Out of sight is out of sight, no matter where it is.
My holster is attached to the bottom of the drivers seat.


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.


(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.

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post #14 of 38 (permalink) Old 04-16-2010, 01:34 PM
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Originally Posted by HOOCBB View Post
Without a CHL, you have no duty to notify the officer.

Honestly, I'm not sure I would tell the officer unless it was in the same location as my insurance or some other item the officer has requested.

With a CHL, it is my opinion that you should notify the officer even if it is no longer a requirement. I'd rather tell the officer up front than have them come back and grill me as to why I didn't tell them about my CHL. I'd rather not argue about what the law says with the officer while he has me stopped.
I too debate with myself regularly about telling an officer. If I get pulled over for speeding, or an illegal u-turn, then I'll get my warning, or ticket, and go on my way...
If I mention to the LEO that I have a gun under my seat it COULD completely change the dynamics of the situation.

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post #15 of 38 (permalink) Old 04-16-2010, 01:37 PM
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I would not recommend telling an oficer about your handgun if you are not a CHL carrier unless your car gets searched. If you have a CHL, I say tell the officer.

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post #16 of 38 (permalink) Old 04-16-2010, 01:38 PM
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I would not recommend telling an oficer about your handgun if you are not a CHL carrier unless your car gets searched. If you have a CHL, I say tell the officer.
Right, If he asks, then of course I'd tell him, but if not, it's all good. Give me my warning, and we will be back on the road.

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post #17 of 38 (permalink) Old 04-16-2010, 01:40 PM
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I dont have a CHL yet. Just curious as to why you would not want to let the officer know you have a weapon legally? Do officers feel threatend by it?

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post #18 of 38 (permalink) Old 04-16-2010, 01:44 PM
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I dont have a CHL yet. Just curious as to why you would not want to let the officer know you have a weapon legally? Do officers feel threatend by it?
The CHL denotes you have at least been through a criminal background check and are very little, if any, threat to the officer or other people. Having a handgun in your car with no CHL does not give off the same assurances. Criminals carry handguns in cars with no CHL also.

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post #19 of 38 (permalink) Old 04-16-2010, 01:46 PM Thread Starter
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Why not look at the law yourself, rather than taking the advice of cabela's employees, or a bunch of keyboard warriors here.
Why would it make a difference if its in the glovebox or not. Out of sight is out of sight, no matter where it is.
My holster is attached to the bottom of the drivers seat.


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.


(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.

I was pretty certain as I've told a couple of people you can carry a gun in your car fully loaded as long as you can't see it. I didn't know if the laws had magically changed/were being changed and may have not been updated yet. There will probably be one around the seat area somewhere and 1 in my center console.

Quote:
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I would not recommend telling an oficer about your handgun if you are not a CHL carrier unless your car gets searched. If you have a CHL, I say tell the officer.
This is what I was thinking. I've never been pulled over, but from what I've read they get really pissy with you if you don't have a CHL and you're carrying one. I don't look a person that would even own a gun.
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post #20 of 38 (permalink) Old 04-16-2010, 01:50 PM
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I read on another forum that some LEO's don't like citizens running around with pistols even if they have CHL's. Thought maybe you get one of those officers on a traffic stop and you blert out you have a gun and CHL you may get a ticket instead of a warning. Any truth to this?

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post #21 of 38 (permalink) Old 04-16-2010, 01:53 PM
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Originally Posted by Nez36 View Post
I read on another forum that some LEO's don't like citizens running around with pistols even if they have CHL's. Thought maybe you get one of those officers on a traffic stop and you blert out you have a gun and CHL you may get a ticket instead of a warning. Any truth to this?
I've actually experienced it the other way, likely because of the reasons Paladin explains above

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post #22 of 38 (permalink) Old 04-16-2010, 02:00 PM
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I read on another forum that some LEO's don't like citizens running around with pistols even if they have CHL's. Thought maybe you get one of those officers on a traffic stop and you blert out you have a gun and CHL you may get a ticket instead of a warning. Any truth to this?
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I've actually experienced it the other way, likely because of the reasons Paladin explains above

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Everyone's different. Cops have their own opinions too. I could see a liberal cop thinking "Only LEO's should carry weapons, the general population is too stupid, and untrained to be trusted with a weapon"
I could also see an officer thinking "Everyone has a right to defend themselves"

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post #23 of 38 (permalink) Old 04-16-2010, 02:01 PM
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I can see an officer thinking both ways to.

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post #24 of 38 (permalink) Old 04-16-2010, 02:37 PM
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Everyone's different. Cops have their own opinions too. I could see a liberal cop thinking "Only LEO's should carry weapons, the general population is too stupid, and untrained to be trusted with a weapon"
I could also see an officer thinking "Everyone has a right to defend themselves"
I think it also depends on if the cop is patrol or traffic. Traffic cops are there to write tickets and may be less likely to issue warnings to CHLers. At least that is my experience.

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post #25 of 38 (permalink) Old 04-16-2010, 03:01 PM
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I think it also depends on if the cop is patrol or traffic. Traffic cops are there to write tickets and may be less likely to issue warnings to CHLers. At least that is my experience.
Exactly right.

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post #26 of 38 (permalink) Old 04-16-2010, 03:38 PM
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It is only illegal to have a handgun in your car if you are committing a crime, are restricted from carrying (convicted felon, convicted of a family violence offense, etc.) or are a known and certified gang member.
so do they get like a paper certificate or a plaque when they certified?
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post #27 of 38 (permalink) Old 04-16-2010, 04:22 PM
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so do they get like a paper certificate or a plaque when they certified?
It's actually pretty formal. The department must follow accepted guidlelines for ceritfying a gang member as such.

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post #28 of 38 (permalink) Old 04-16-2010, 05:59 PM
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In general I think it is common sense to tell a cop you have a loaded gun in the car. (CHL) (Law or not)

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post #29 of 38 (permalink) Old 04-16-2010, 08:39 PM
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Many of you should take note that to have a gun in your car YOU must be in control of that car.
You at a minimum would need to be the driver of the car, and it is possible you might need to be owner.
I guess we'll all see when people start testing the law!

But make note a passenger doesn't seem to have any right to conceal a weapon in a vehicle.

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post #30 of 38 (permalink) Old 04-16-2010, 10:28 PM
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In general I think it is common sense to tell a cop you have a loaded gun in the car. (CHL) (Law or not)
As a CHL holder, when I am stopped I will present my DL, CHL, and Ins to the officer. IF he asks if I am carrying (and he will) I will tell him yes or no and the location(s).

As Paladin stated earlier, without a CHL, I would not tell the cop unless it is in the same location of my proof of insurance or if the car is going to be searched. If I were the driver being stopped, I sure as hell don't want the officer's gun screwed into my ear.

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post #31 of 38 (permalink) Old 04-16-2010, 10:29 PM
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Many of you should take note that to have a gun in your car YOU must be in control of that car.
You at a minimum would need to be the driver of the car, and it is possible you might need to be owner.
I guess we'll all see when people start testing the law!

But make note a passenger doesn't seem to have any right to conceal a weapon in a vehicle.
Yep, it's a bit of a gray area until a case goes to court and is decided.

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post #32 of 38 (permalink) Old 04-17-2010, 04:27 AM
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Originally Posted by downshift_me View Post
Last I heard I was told you can carry your handgun in your car without a CHL as long as it's in the glovebox, center console, etc. I was told by a guy at Cabelas that was illegal and I'd go to jail. What are the stipulations on this? I'd like to keep 1 in the car and the house until I get my CHL; Then, it'll be in my purse.
Hurry up and get your CHL so you don't feel the need to leave one in your car. If I get shot with a pistol stolen from your car then I'm gonna be pissed!
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post #33 of 38 (permalink) Old 04-17-2010, 10:22 AM Thread Starter
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Hurry up and get your CHL so you don't feel the need to leave one in your car. If I get shot with a pistol stolen from your car then I'm gonna be pissed!
I'll leave a note with directions to your place and tell them it's free target practice!
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post #34 of 38 (permalink) Old 04-17-2010, 02:10 PM
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good info
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post #35 of 38 (permalink) Old 04-17-2010, 09:35 PM
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It can be loaded. Unloaded guns are a paperweight.
^ Fixed.
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post #36 of 38 (permalink) Old 04-24-2010, 03:37 PM
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Originally Posted by downshift_me View Post
Last I heard I was told you can carry your handgun in your car without a CHL as long as it's in the glovebox, center console, etc. I was told by a guy at Cabelas that was illegal and I'd go to jail. What are the stipulations on this? I'd like to keep 1 in the car and the house until I get my CHL; Then, it'll be in my purse.
By the way, I hope you get some training. And become more careful of where you park your car and who you tell that you have a gun in your car.

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post #37 of 38 (permalink) Old 04-25-2010, 08:44 AM
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By the way, I hope you get some training. And become more careful of where you park your car and who you tell that you have a gun in your car.
x2

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post #38 of 38 (permalink) Old 04-26-2010, 05:21 PM
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Last I heard I was told you can carry your handgun in your car without a CHL as long as it's in the glovebox, center console, etc. I was told by a guy at Cabelas that was illegal and I'd go to jail. What are the stipulations on this? I'd like to keep 1 in the car and the house until I get my CHL; Then, it'll be in my purse.
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By the way, I hope you get some training. And become more careful of where you park your car and who you tell that you have a gun in your car.
She should keep it in her diaper! No one will ever know it's there and the PoPo ain't going in there to get it!
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