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Re: Am I legal?

Posted: Tue Feb 23, 2010 12:00 am
by rdcrags
liljojo47110 wrote:can it be velcroed under the seat in a holster or in the pocket of the drivers door? i dont have my chl yet if that makes a difference.
Kidding aside, I keep one in the door pocket covered loosely by a rag. Handle up. Easy to grab. Some posters are concerned about it becoming a projectile during a crash, but I don't worry about that possibility. Get your CHL and carry responsibly. Good luck.

rdrags

TX CHL 1997
CO CHP 2005

Re: Am I legal?

Posted: Tue Feb 23, 2010 12:32 am
by liljojo47110
thanks for clearing that up. im going to just keep it in my door pocket in a holster.

Re: Am I legal?

Posted: Tue Feb 23, 2010 10:41 am
by chabouk
Everyone jumped right on the Motorist Protection Act (which requires concealment), but it seems like y'all forgot traveling: when traveling, you can carry openly or concealed.

Of course, there's that little problem that "traveling" is not defined.

Re: Am I legal?

Posted: Tue Feb 23, 2010 7:39 pm
by PJK
Do you have a center console in between the front seats? If so, you can put your gun in there. This has a double benefit. First it conceals the gun. Second, it keeps your firearm next to you if person walks up to carjack or rob you and opens your door. If it is on the door, it was just moved out of your reach and there goes your defensive weapon. It is not behind your attacker on the door. You should never put the gun in the door pocket for this very reason.

Another option is to install a CrossBread car safe for your gun. These are thin steel cases that attach to your seat with a cable. You can put it on the seat next to you closed but unlocked. Just flip it open to get to your gun. When you get out, just lock it up and slip it under your seat. Now your gun is safe from theft. Get back in your car and unlock it. You are not good to go. This would be your safest bet. Remember, it is your gun. If anyone was to ever steal it and kill someone there are all sorts of ways it could get expensive for you such as a civil suit or worse yet a kids steals it and you did not protect it. Here is the link to the safe - http://www.center-of-mass.com/Store_InCarGunSafe.htm" onclick="window.open(this.href);return false; .

My wife keeps one in her truck, cabled under the seat and then placed in the center console. We both keep one in our cars for times we cannot carry our guns into a prohibited place. Just lock it up and you are protected.

Re: Am I legal?

Posted: Tue Feb 23, 2010 10:30 pm
by lancermit
chabouk wrote:Everyone jumped right on the Motorist Protection Act (which requires concealment), but it seems like y'all forgot traveling: when traveling, you can carry openly or concealed.

Of course, there's that little problem that "traveling" is not defined.
What?! Please explain.

Re: Am I legal?

Posted: Tue Feb 23, 2010 10:42 pm
by cbr600
PJK wrote:Do you have a center console in between the front seats? If so, you can put your gun in there. This has a double benefit. First it conceals the gun. Second, it keeps your firearm next to you if person walks up to carjack or rob you and opens your door. If it is on the door, it was just moved out of your reach and there goes your defensive weapon. It is not behind your attacker on the door. You should never put the gun in the door pocket for this very reason.
If they can rip open a locked door, you have bigger problems than that.

Re: Am I legal?

Posted: Tue Feb 23, 2010 10:44 pm
by PJK
Agreed, but people do make mistakes and leave the door unlocked at times.

Re: Am I legal?

Posted: Tue Feb 23, 2010 10:50 pm
by mgood
chabouk wrote:Everyone jumped right on the Motorist Protection Act (which requires concealment), but it seems like y'all forgot traveling: when traveling, you can carry openly or concealed.

Of course, there's that little problem that "traveling" is not defined.
True.
If you are "traveling" in Texas, it is legal to carry. (Or a defense to prosecution anyway.) Unfortunately traveling was never defined. That was the only way we could carry pre-CHL and pre-Motorist Protection Act. The traveling clause is still on the books and still applicable. Some jurisdictions or cops or judges or whatever in one area may say you're traveling if you're crossing a county line. Some say three county lines. Some say it must involve an overnight stay to qualify as traveling. The courts never ruled on exactly what traveling is and the legislature never saw fit to further define traveling. So travel at your own risk.

texas1234 wrote:When a cop walks up to your vehicle if he/she can see your pistol in plain sight you are going to get a gun pulled on you weather you have a CHL or not.
Also true. Been there. Pre-CHL, pre-MPA, my room mate and I had our hands on the trunk in the cold on the side of I-20 while some of Ft Worth's finest decided whether or not to arrest us. We were legal under any definition you want to make of traveling, but it was uncomfortable for a while. When he let us go, he suggested I keep it concealed "to avoid situations like this."
Full story here.

Re: Am I legal?

Posted: Tue Feb 23, 2010 11:00 pm
by GrayGhost
chabouk wrote:Everyone jumped right on the Motorist Protection Act (which requires concealment), but it seems like y'all forgot traveling: when traveling, you can carry openly or concealed.

Of course, there's that little problem that "traveling" is not defined.

Openly or concealed? How does that square with the law quoted above that indicates is must be concealed? Someone help me with this.

Re: Am I legal?

Posted: Tue Feb 23, 2010 11:21 pm
by mgood
GrayGhost wrote:
chabouk wrote:Everyone jumped right on the Motorist Protection Act (which requires concealment), but it seems like y'all forgot traveling: when traveling, you can carry openly or concealed.

Of course, there's that little problem that "traveling" is not defined.

Openly or concealed? How does that square with the law quoted above that indicates is must be concealed? Someone help me with this.
To qualify under the Motorist Protection Act, it must be concealed. And you don't have to be traveling. You can be sitting still in the parking lot. Covers carry in motor vehicles only.

Traveling does not have to be in a motor vehicle. You can travel by bicycle or canoe, I suppose. Does not legally have to be concealed, but concealment is suggested to avoid hassle. The definition of traveling varies greatly depending on who you talk to, may vary greatly from one law enforcement officer to another.

Re: Am I legal?

Posted: Wed Feb 24, 2010 1:43 pm
by Ruger74
nice bike. :hurry:

Re: Am I legal?

Posted: Wed Feb 24, 2010 3:40 pm
by cougartex
To avoid problems:

1. Get CHL
2. Keep gun concealed

:txflag:

Re: Am I legal?

Posted: Wed Feb 24, 2010 5:04 pm
by Dragonfighter
Years, and I mean YEARS, ago I called and asked DPS about traveling and carry. At the time there was no differentiation between open or concealed, loaded or unloaded. You were either carrying legally (defense to prosecution) or you weren't. He did say that they would prefer it out of sight (inciting a disturbance issue) and loaded, because an unloaded gun simply meant one that could not be used for defense and subsequently stolen and THEN used illegally. Yes he actually explained all of that and as the regional commander (I don't recall his title) he assured me that was the "general" attitude.

I carried for years as a traveler, even my commute crossed several county lines if driven properly :biggrinjester: The only chance I had to test the attitude was when DPS pulled me over on Hwy 121 between Lewisville and the Colony ( the wind had caught me off guard and I wavered in the lane). He asked for my DL and registration, as I was reaching for it I remembered and said, "I have a pistol in the glove box." He took a half step back, rested his hand on the butt of his pistol and calmly said, "Come out with the paper and we'll be alright." I did, he went back and told me they were out looking for drunks and my swerve is what caught his attention. He then gave me a warning and sent me on my way.

But in the climate where there is no standard of "traveling" and varying levels of understanding between one LEO and the next. I have to agree with the others. Get a CHL and keep it out of sight. If operating under the MPA, keep it out of sight and keep your mouth shut unless asked.

Re: Am I legal?

Posted: Wed Feb 24, 2010 5:18 pm
by thankGod
I carried for years as a traveler, even my commute crossed several county lines if driven properly

I thought it had to be across counties and could not be just to an adjacent county. Not that it matters now.

Re: Am I legal?

Posted: Wed Feb 24, 2010 5:25 pm
by Dragonfighter
The prevailing wisdom at the time was "three county lines". I crossed Denton to Tarrant, Tarrant to Dallas and then Dallas to Collin. When I transferred later I just quit worrying about it but since my job always involved an overnight stay, I also always had my gear bag and over-nighter. Again, it never came up except that once reeeeaaallly early on. And then I wasn't even the clean cut and dashing figure I am now.