DWI and CC for car

[Soap]

I have a friend (yes a friend not me) who lost their license in another state for drinking and driving. She was slightly over the limit and has since been allowed to drive for household and work related activities. Her suspension will be over soon. My question Is I know she can't receive a carry permit due to this for some years but can she carry concealed in her car?

[joe817]

I have a friend (yes a friend not me) who lost their license in another state for drinking and driving. She was slightly over the limit and has since been allowed to drive for household and work related activities. Her suspension will be over soon. My question Is I know she can't receive a carry permit due to this for some years but can she carry concealed in her car?

It depends on what the court order is in that other state. It may specify, and is totally dependent on what that state's laws are.

[Soap]

I have a friend (yes a friend not me) who lost their license in another state for drinking and driving. She was slightly over the limit and has since been allowed to drive for household and work related activities. Her suspension will be over soon. My question Is I know she can't receive a carry permit due to this for some years but can she carry concealed in her car?

It depends on what the court order is in that other state. It may specify, and is totally dependent on what that state's laws are.

She's allowed to open carry there but she lives here now.

[ScottDLS]

Unless it was a felony (not likely), there's no reason why she can't carry in Texas in her car under MPA.

[Soap]

Unless it was a felony (not likely), there's no reason why she can't carry in Texas in her car under MPA.

Do you mind explaining MPA to me? I'm not from Texas either, so I haven't had to question these things. I'm not sure what to research.

[ScottDLS]

Unless it was a felony (not likely), there's no reason why she can't carry in Texas in her car under MPA.

Do you mind explaining MPA to me? I'm not from Texas either, so I haven't had to question these things. I'm not sure what to research.

The Motorist Protection Act (MPA) is basically an exemption from the law against carrying a handgun (w/o a license). The exemption applies if you are concealed carrying in your vehicle or a vehicle under your control (i.e. driving). You must not be breaking any other laws above class c traffic offenses, and then you are free to CC in the car. You can also carry directly to/from your home/property under your control to your car without a license.

[Soap]

Unless it was a felony (not likely), there's no reason why she can't carry in Texas in her car under MPA.

Do you mind explaining MPA to me? I'm not from Texas either, so I haven't had to question these things. I'm not sure what to research.

The Motorist Protection Act (MPA) is basically an exemption from the law against carrying a handgun (w/o a license). The exemption applies if you are concealed carrying in your vehicle or a vehicle under your control (i.e. driving). You must not be breaking any other laws above class c traffic offenses, and then you are free to CC in the car. You can also carry directly to/from your home/property under your control to your car without a license.

Ok thank you. I'll look into it more. She's close to getting her full license back so maybe she can just apply for a LTC.

[ScottDLS]

Unless it was a felony (not likely), there's no reason why she can't carry in Texas in her car under MPA.

Do you mind explaining MPA to me? I'm not from Texas either, so I haven't had to question these things. I'm not sure what to research.

The Motorist Protection Act (MPA) is basically an exemption from the law against carrying a handgun (w/o a license). The exemption applies if you are concealed carrying in your vehicle or a vehicle under your control (i.e. driving). You must not be breaking any other laws above class c traffic offenses, and then you are free to CC in the car. You can also carry directly to/from your home/property under your control to your car without a license.

Ok thank you. I'll look into it more. She's close to getting her full license back so maybe she can just apply for a LTC.

She'll probably have to wait 5 years from the Misdemeanor DUI conviction date to apply for Texas LTC. In the meantime it's possible to get a license from another state that is recognized here, though this is controversial to some people.

[Pawpaw]

Unless it was a felony (not likely), there's no reason why she can't carry in Texas in her car under MPA.

Do you mind explaining MPA to me? I'm not from Texas either, so I haven't had to question these things. I'm not sure what to research.

This is the MPA (in red), straight out of the CHL-16:

PC §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 or watercraft 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 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, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; 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 or boating;
(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.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(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.