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Clarification

Posted: Mon Dec 03, 2012 2:59 pm
by neil thomas
Regarding carrying a gun in a car:

PC ยง46.02 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

Re: Clarification

Posted: Mon Dec 03, 2012 3:13 pm
by RPBrown
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.

Re: Clarification

Posted: Mon Dec 03, 2012 4:52 pm
by The Annoyed Man
Read this thread: viewtopic.php?f=7&t=59768" onclick="window.open(this.href);return false;

Re: Clarification

Posted: Mon Dec 03, 2012 8:09 pm
by WildBill
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:

Re: Clarification

Posted: Mon Dec 03, 2012 8:45 pm
by smoothoperator
It looks like there was a lot of case law concerning the phrase "plain view" even before MPA passed.

Re: Clarification

Posted: Tue Dec 04, 2012 5:09 pm
by neil thomas
Guys,
Thanks for the quick responses.
:cheers2: