Clarification

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neil thomas
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Clarification

#1

Post by neil thomas »

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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RPBrown
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Re: Clarification

#2

Post 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.
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The Annoyed Man
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Re: Clarification

#3

Post by The Annoyed Man »

Read this thread: viewtopic.php?f=7&t=59768" onclick="window.open(this.href);return false;
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

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WildBill
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Re: Clarification

#4

Post 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:
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smoothoperator
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Re: Clarification

#5

Post by smoothoperator »

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

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neil thomas
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Re: Clarification

#6

Post by neil thomas »

Guys,
Thanks for the quick responses.
:cheers2:
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