Search found 3 matches

by FlynJay
Wed Dec 03, 2008 8:20 pm
Forum: General Texas CHL Discussion
Topic: HB1815 vs. 30.06 question
Replies: 18
Views: 902

Re: HB1815 vs. 30.06 question

You're right, I had locked case on the brain. In this situation, It would be prudent not to leave it in the console and secure it in the trunk or a locked case.
by FlynJay
Wed Dec 03, 2008 3:46 pm
Forum: General Texas CHL Discussion
Topic: HB1815 vs. 30.06 question
Replies: 18
Views: 902

Re: HB1815 vs. 30.06 question

k5dmb wrote:If a CHL holder left the gun in their car (let's say in the console) and a 'gun-sniffing' dog detected it, it wouldn't be 'on or about your person' so neither 30.05 (since he's a CHL holder) nor 30.06 would apply. Wouldn't they need to catch you in the car?

Of course, you're still potentially fired.

(Grasshopper waits for enlightenment)
Even if you were in the car it wouldn't be considered "on or about your person", because it is either not in the passegener cabin or in a locked case.
I would not consent to a search.

Of course, this is one of those bleeding to death on the cutting edge of the law situations.
by FlynJay
Wed Dec 03, 2008 2:36 pm
Forum: General Texas CHL Discussion
Topic: HB1815 vs. 30.06 question
Replies: 18
Views: 902

Re: HB1815 vs. 30.06 question

Charles L. Cotton wrote:If any verbal statement is made to the effect that guns aren't allowed on the property, then that's sufficient notice to a CHL for purposes of TPC §30.06 and it is sufficient notice to a non-CHL for purposes of TPC §30.05.

Now comes a rather interesting distinction. As we know, only TPC §30.06 can be used to prosecute a CHL for trespass, if the sole reason for exclusion is the fact that the CHL has a handgun. If the handgun is stored in the truck of your car before driving onto the property, then you aren't carrying a handgun "on or about your person." The CHL could be fired, but not prosecuted under TPC §30.06. They can't be prosecuted under TPC §30.05, because it doesn't apply to a CHL, if the reason for exclusion is the fact that the CHL has a handgun. Rather interesting little twist, isn't it?

Chas.
Now, since I don't have a trunk, would unloaded and placed in a locked container be considered "on or about your person"? I don't believe so.
This "twist" sounds like an equivalent to parking lot carry for CHL's.

I also don't know how they would find out you have a gun in your car. Powder residue sniffing dog, I go thru 200+ rounds a week, of course my truck smells like gunpowder.

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