Clarification

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Clarification

Postby neil thomas » Mon Dec 03, 2012 2:59 pm

Regarding carrying a gun in a car:

PC §46.02 states:
"...(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 or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; ..."

Is there any clarification on the term: "plain view"?
Specifically, would a pistol, totally zipped up in a soft sided pistol bag, be considered in plain view.
Note: the pistol bag itself is in plain view in the storage bin at the bottom of the driver's door.
Thanks
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Re: Clarification

Postby RPBrown » Mon Dec 03, 2012 3:13 pm

No, that is not plain view. However if it was just in the storage bin and not in the case, then it's in plain view. ASs long as its in the case, the case can be in the seat next to you.
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Re: Clarification

Postby The Annoyed Man » Mon Dec 03, 2012 4:52 pm

Read this thread: viewtopic.php?f=7&t=59768
"Give me Liberty, or I'll get up and get it myself." — Me
"Every decent man is ashamed of the government he lives under." — H. L. Mencken
"A ragamuffin knows he’s only a beggar at the door of God’s mercy." — The Ragamuffin Gospel, by Brennan Manning
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Re: Clarification

Postby WildBill » Mon Dec 03, 2012 8:09 pm

RPBrown wrote:No, that is not plain view. However if it was just in the storage bin and not in the case, then it's in plain view. ASs long as its in the case, the case can be in the seat next to you.

IANAL, but :iagree:
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Re: Clarification

Postby smoothoperator » Mon Dec 03, 2012 8:45 pm

It looks like there was a lot of case law concerning the phrase "plain view" even before MPA passed.
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Re: Clarification

Postby neil thomas » Tue Dec 04, 2012 5:09 pm

Guys,
Thanks for the quick responses.
:cheers2:
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