Unlicensed carry in vehicle

[CainA]

So if I am carrying holstered in my POV, I am within the law...how would I handle a traffic stop where I am asked to step out of the vehicle?

That's the complicated part. Look at:

Well, yes, under MPA as long as the firearm is concealed and inside the vehicle it should be legal, but think about the mechanics. If you are stopped and the officer asks you to step out, you have a problem because he does not want you to touch the gun to remove it and then place it in the console, and getting out of the car without a license will be problematic. I would suggest that you keep it in a secure place that is not visible from outside the car. I see nothing gained by having it holstered on your person under these circumstances.

[RX8er]

So if I am carrying holstered in my POV, I am within the law...how would I handle a traffic stop where I am asked to step out of the vehicle?

You need to tell the officer you are armed and ask how he/she would like to deal with it. Keep both hands on the wheel until you are given instructions. I don't think IMHO you would be in trouble for following the officers directions and likely not be charged with having a concealed weapon once outside. But, IANAL.

But, I'll add.... in my case, it is much easier to have my gun in the console and not on me when I drive. It is much easier to get to in the case I need it.

[Keith B]

So if I am carrying holstered in my POV, I am within the law...how would I handle a traffic stop where I am asked to step out of the vehicle?

Just becasue something is within the law doesn't make it a good idea. As I said earlier I wouldn't suggest carrying that way unless you are licensed. Doing so just causes a problem if you do have to exit the vehicle as you have to ask that question. If you are licensed, then the LEO is going to know so when you hand him your CHL and DL and will direct you from that point if needed.

[Purplehood]

So if I am carrying holstered in my POV, I am within the law...how would I handle a traffic stop where I am asked to step out of the vehicle?

It appears to be legal, but it does not appear to be a "good idea".

[recaffeination]

I would suggest handling it the same way as someone who carries at home without a CHL and a cop asks them to step outside their apartment to talk.

[RogueUSMC]

I would suggest handling it the same way as someone who carries at home without a CHL and a cop asks them to step outside their apartment to talk.

See?...I was thinking along the same lines...but how is THAT handled?...lol

[E.Marquez]

I would suggest handling it the same way as someone who carries at home without a CHL and a cop asks them to step outside their apartment to talk.

See?...I was thinking along the same lines...but how is THAT handled?...lol

No one can say for sure what the "right" way is, as right will be in the opinion of the officer you have not been pulled over by yet.

Basically it's a bad idea for reasons already posted as well as... draw from a concealed rig on body while seated and belted in a vehicle is not optimal.

But if one were determined to do it anyway...
i'd guess, wait till officer approaches car, hand on wheel, window down, radio off, interior light on if dark outside.
Wait for him to start the conversation....at any point he asks you to get out... you answer Yes sir, how would you like me to handle my firearm? .. Not gun, not weapon, and don't start it out with concealed anything. the LEO will of course ask you where it's at.. Sir, in accordance with the law, it is concealed, ... under my (insert where it's at)
At that point, you'll get calm directions what to do, or something else from an officer that does not agree that MPA allows you to conceal said weapon on your person.

And none of that address what happens if your not able to speak,, hurt, scared, or have several weapons and shouting officers giving you direct and perhaps conflicting directions( who knows, maybe you match the description of a guy that just shot a gas station attendant, or Sheriff. )

To each his own, do what works for you.. Me?? I can draw my vehicle firearm from it's place of concealment inside either of my Mustangs or truck faster than i ever could in my on body carry rigs.

[rockinar]

It is day 83 since I mailed my packet to Austin so I have an unlicensed question...

I understand that I may not carry on my person away from my vehicle or property...can I legally have it in a holster on my body in my vehicle? If so, how would it be handled on a traffic stop were I to be asked to get out of the vehicle?

Thanks,
Lee

The second you step out, it's a felony.

[rockinar]

This should have been a point of emphis in your class.

I don't remember hearing anything about it during the class. Our instructor also was unaware that you could do the online application and told everyone to do the paper app.

Wow, that is pretty scary. I'd say send an email to your instructor with the new found info and a link to these forums. My guess is though, he doesn't have a computer.

He has a computer. But it's a Tandy TRS-80. He plays Oregon Trail on it.

[rockinar]

I would suggest handling it the same way as someone who carries at home without a CHL and a cop asks them to step outside their apartment to talk.

Yeah, tell them "no thanks" and shut the door on them.

[E.Marquez]

It is day 83 since I mailed my packet to Austin so I have an unlicensed question...

I understand that I may not carry on my person away from my vehicle or property...can I legally have it in a holster on my body in my vehicle? If so, how would it be handled on a traffic stop were I to be asked to get out of the vehicle?

Thanks,
Lee

The second you step out, it's a felony.

Not to be argumentative, buts that the whole question..being discussed here....

IS IT? if it is done at the direction of a law enforcement officer? Who you are required to obey the directions of?

I'd think not, but IANAL. Seems LEO's direct civilians to do things that would be illegal normally without repercussion. Traffic events / directions come to mind most...

I still think it's a bad choice to on body carry without a CHL, even if legal in the vehicle , and not a violation of law if ordered by a LEO to get out.. For the many reason pointed out above.

[tommyg]

Play it safe put your gun in a door pocket and throw a rag over it then you know you are legal and can be reached easily for car jacker

[snorri]

It is day 83 since I mailed my packet to Austin so I have an unlicensed question...

I understand that I may not carry on my person away from my vehicle or property...can I legally have it in a holster on my body in my vehicle? If so, how would it be handled on a traffic stop were I to be asked to get out of the vehicle?

Thanks,
Lee

The second you step out, it's a felony.

Please tell us what Texas law makes it a felony.

[Jumping Frog]

... how would it be handled on a traffic stop were I to be asked to get out of the vehicle?

The second you step out, it's a felony.

Please tell us what Texas law makes it a felony.

Well, I guess if you were in your car in one of those drive-through liquor sales places, and stepped out of your car into "premises licensed or issued a permit by this state for the sale of alcoholic beverages", then that is a felony of the 3rd degree.

Or if you were forbidden from possessing firearms at all (convicted felon, etc.), then federal felony.

Otherwise . . . . . . . no.

[JP171]

It is day 83 since I mailed my packet to Austin so I have an unlicensed question...

I understand that I may not carry on my person away from my vehicle or property...can I legally have it in a holster on my body in my vehicle? If so, how would it be handled on a traffic stop were I to be asked to get out of the vehicle?

Thanks,
Lee

The second you step out, it's a felony.

really???? please quote that law to me, ahem UCW is at the most a class A misdemeanor unless in one of them there gun free criminal protected zones the only if Mr DA is willin to up the charge to a 3rd degree felony. Other wise your blowin smoke so please put out your cigarette before talking on a subject