CARRY IN CAR

[Joxds]

HAD A QUESTION IM SURE ITS BEEN ASKED BEFORE BUT HAD A HARD TIME SEARCHING...

I WANTED TO ASK ME AND MY FREIND ARE GOING DOWN TO THE COAST AND HE IS DRIVING AND THE VEHICLE IS HIS CAN I HAVE MY GUN IN THE GLOVE BOX WHILE WE ARE TRAVELING???? OR DOES IT HAVE TO BE PUT AWAY IN THE TRUNK ???

(I DO NOT HAVE MY CHL).

[Crossfire]

Not your car, and you are not in control of it, and you don't have a CHL?

Then NO, you may not have a handgun on, or about, your person.

[Joxds]

even if its put away in the trunk an i dont wanna pull it out till we get to the hotel???

[Crossfire]

In the trunk is not "on, or about your person".

If it is in the trunk, you are not carrying a firearm, you are only transporting a firearm.

[Joxds]

So wouldn't in the glox box be the same thing or is that considered "about your person"??

[E.Marquez]

So wouldn't in the glox box be the same thing or is that considered "about your person"??

The glove box is "on, or about your person".

[rbwhatever1]

Any Law Abiding citizen in the State of Texas over the age of 18 can carry a firearm in his vehicle as long as its not in plain view.

[JP171]

think of it like this, a weapon is assumed to be on or about your person if you do not have to materially change your position to access the weapon, the meaning of this is that you don't have to stop the vehicle, get out and the retrieve the weapon as in take it out of the trunk or bed/toolbox of a truck if it is in the passenger compartment then it is considered to be on or about your person. this does not apply to long guns, just handguns

[Joxds]

think of it like this, a weapon is assumed to be on or about your person if you do not have to materially change your position to access the weapon, the meaning of this is that you don't have to stop the vehicle, get out and the retrieve the weapon as in take it out of the trunk or bed/toolbox of a truck if it is in the passenger compartment then it is considered to be on or about your person. this does not apply to long guns, just handguns

Thanks jp171, got it.

So unless I'm driving the handgun has to be in the trunk thanks for the info guys much appreciated

[kg5ie]

I agree with Crossfire. I believe that if you were driving, the car would therefore be "under your control" and you would be OK. As a passenger the car is not under your control , you live by different rules. And you best check with the hotel. Not all hotels allow a patron to enter with a handgun.


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; 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.

[Jumping Frog]

HAD A QUESTION IM SURE ITS BEEN ASKED BEFORE BUT HAD A HARD TIME SEARCHING...

I WANTED TO ASK ME AND MY FREIND ARE GOING DOWN TO THE COAST AND HE IS DRIVING AND THE VEHICLE IS HIS CAN I HAVE MY GUN IN THE GLOVE BOX WHILE WE ARE TRAVELING???? OR DOES IT HAVE TO BE PUT AWAY IN THE TRUNK ???

(I DO NOT HAVE MY CHL).

Conversely, you can lend your handgun to the driver for the trip. Then the driver is legally possessing it.

[Joxds]

HAD A QUESTION IM SURE ITS BEEN ASKED BEFORE BUT HAD A HARD TIME SEARCHING...

I WANTED TO ASK ME AND MY FREIND ARE GOING DOWN TO THE COAST AND HE IS DRIVING AND THE VEHICLE IS HIS CAN I HAVE MY GUN IN THE GLOVE BOX WHILE WE ARE TRAVELING???? OR DOES IT HAVE TO BE PUT AWAY IN THE TRUNK ???

(I DO NOT HAVE MY CHL).

Conversely, you can lend your handgun to the driver for the trip. Then the driver is legally possessing it.

I wondered about that too. So the driver can just say I lend him the gun???

[Jumping Frog]

I wondered about that too. So the driver can just say I lend him the gun???

Well, I wouldn't just "have him say" if the police ask.

If you want to take that approach, I would scribble on a piece of paper, "I hereby loan my firearm to Mr Smith while we are driving together on this trip", sign and date it.

Actually verbally say to him, "I am loaning you this gun while you are driving today", so that he isn't lying if he tells a police officer that same statement.

Finally, you better be confident that he is not prohibited from possessing firearms. Previous felony convictions, being on probation, being a drug abuser, mental health, etc. You do not want to be in the position of having provided a firearm to someone who cannot legally possess the firearm.

[XGC Radioactive]

think of it like this, a weapon is assumed to be on or about your person if you do not have to materially change your position to access the weapon, the meaning of this is that you don't have to stop the vehicle, get out and the retrieve the weapon as in take it out of the trunk or bed/toolbox of a truck if it is in the passenger compartment then it is considered to be on or about your person. this does not apply to long guns, just handguns

Thanks jp171, got it.

So unless I'm driving the handgun has to be in the trunk thanks for the info guys much appreciated

I'll say this, are you staying inside of Texas? if yes, then remember, Texas does not require you to record who you've sold your gun to.

I'm not giving legal advice, BUT you could just say you sold it to your friend. Therefore, it is "his" gun. not yours. even if the serial number comes back to you.


and I just read what was posted before me, which is the exact same thought, just with "legal" documentation.

[Gunner4640]

Why not get a CHL ? Then theres nothing to worry about.