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Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 11:41 am
by bdickens
:roll:

CHLs (nor anyone else for that matter) are not required by law to secure their weapons when they leave them unattended.

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 11:50 am
by Pete92FS
Purplehood wrote:Why would a ragtop be any different than any other car? Put the top up. I do.
A lot easier to break into. A nice sharp knife will take care of that ragtop in short order. :mrgreen:

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 12:26 pm
by Fawkes
Pete92FS wrote:A lot easier to break into. A nice sharp knife will take care of that ragtop in short order. :mrgreen:
A rock can render a hardtop vulnerable quickly as well.

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 5:01 pm
by Islands7
Keith B wrote:And, BTW on your off-limits locaitons, you are not required to leave your CCW behind when going into a church unless it is 30.06 posted or you have recevied oral notification to not carry there.
OK, help me with this reading & yes I am new:
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.

(6) on the premises of a church, synagogue, or other established
place of religious worship.

Security
Our concealed class taught that unsecured firearms that endanger a child will be dealt with via Texas law. I will try to find that & post, if interested. I would think this might have been stretched even to stolen guns later used in a crime but memory fails .....

Experience
Also note that if anyone has first hand experiences with real-world law enforcement consequences that dealt with convertibles vs. security or lack of security of concealed firearms, this would be very enlightening.

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 5:55 pm
by The Annoyed Man
Islands7 wrote:
Keith B wrote:And, BTW on your off-limits locaitons, you are not required to leave your CCW behind when going into a church unless it is 30.06 posted or you have recevied oral notification to not carry there.
OK, help me with this reading & yes I am new:
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.

(6) on the premises of a church, synagogue, or other established
place of religious worship.
You didn't read far enough. A few paragraphs further down, it says that a church, synagogue or other place of religious worship must post a 30.06 sign to keep CHL out, which means that the default position is that church carry is legal. Your instructor, if competent, should have pointed that out to you. In fact, a number of us not only carry in church, we carry on stage and in the pulpit in church.
Security
Our concealed class taught that unsecured firearms that endanger a child will be dealt with via Texas law. I will try to find that & post, if interested.
True, but you should not be leaving your children alone in the convertible car — particularly during a Texas summer — regardless of whether there is a gun secured in the car or not. Children die every year from being left in locked cars during summer by thoughtless parents
I would think this might have been stretched even to stolen guns later used in a crime but memory fails .....
I'm not going to buy that one. If you report a gun stolen and it gets used in a crime, I'm pretty sure you have no criminal legal liability. You are the victim, not the perpetrator.
Experience
Also note that if anyone has first hand experiences with real-world law enforcement consequences that dealt with convertibles vs. security or lack of security of concealed firearms, this would be very enlightening.
I doubt you would get much in the way of answers. If a car is locked, ragtop or not, and it get's broken into and a gun is stolen, the onus is on the criminal who stole it, not on the victim of the crime. And unless the gun is in plain view, no law is being broken.... ....as long as you are legally allowed to own/possess a firearm.

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 6:08 pm
by TxRVer
The Annoyed Man wrote:I spotted a fallacy, and then I'm done...
CHL we know requires one to secure their weapons when unattended.
I just searched through the law as downloaded from the DPS website. The word "secure" occurs on 7 pages. None of the references are to a CHL holder being required to secure his/her weapon when unattended. So that is just not true.

Now, it would foolish not to do so using a lockbox, but so far as I can tell, hiding your gun under the seat and locking your car would qualify as "secured" for legal purposes.

I smell sulfur in the air... Are there any trolls hiding under bridges nearby? :smilelol5:
That sure sounded a lot like an opinion. :nono: :smilelol5:

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 6:13 pm
by The Annoyed Man
TxRVer wrote:
The Annoyed Man wrote:I spotted a fallacy, and then I'm done...
CHL we know requires one to secure their weapons when unattended.
I just searched through the law as downloaded from the DPS website. The word "secure" occurs on 7 pages. None of the references are to a CHL holder being required to secure his/her weapon when unattended. So that is just not true.

Now, it would foolish not to do so using a lockbox, but so far as I can tell, hiding your gun under the seat and locking your car would qualify as "secured" for legal purposes.

I smell sulfur in the air... Are there any trolls hiding under bridges nearby? :smilelol5:
That sure sounded a lot like an opinion. :nono: :smilelol5:
Sure 'nuf did. I also said I was done with the thread, but it seems to be turning around, so what the heck, why not? :mrgreen:

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 6:16 pm
by seamusTX
This is an area where the laws of one state or country get passed around on the internets as universal laws.

Some countries -- Canada and Germany come to mind -- require all handguns owned by non-LEO civilians to be kept locked up in safes when not in use as licensed. They have criminal penalties for failing to comply.

In one notorious case in Canada, burglars spent days breaking into a massive safe in the home of a gun collector who was out of the country on vacation. When he returned home, he was prosecuted for "allowing" criminals to gain access to his weapons.

Texas does not hold an innocent person liable for the actions of burglars. The frequently misinterpreted PC 46.13 specifically says that it is not an offense if a burglar gains access to a weapon.

I don't know all the ins and outs of other U.S. states.

- Jim

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 6:44 pm
by JJVP
Islands7 wrote:
OK, help me with this reading & yes I am new:
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(b)
(6) on the premises of a church, synagogue, or other established
place of religious worship.
.
Now keep reading.
.
.
.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 6:54 pm
by Tamie
Islands7 wrote: This topic is not looking for opinions, as plenty of these can be found elsewhere on this site.
CHL we know requires one to secure their weapons when unattended.
I didn't know that. Can you tell me where the law says that?

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 8:13 pm
by ericlw
alright so you can take a knife to a rag top and get in.... I can throw a rock into the side windows and break them just as easy.

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 8:40 pm
by seniorshooteress
What's the topic I'm not supposed to post an opinion on? :headscratch If you don't want an opinion you are on the wrong forum. But welcome any how. :smilelol5:

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 8:54 pm
by SecedeTX
Heh...this topic has made my evening

No opinion on the evening, but it has been funny.

Re: Secure compliance vs. Convertible Automobile

Posted: Tue May 25, 2010 9:58 pm
by boomerang
Islands7 wrote:The most obvious compliance would be one of those lockboxes that steel cable to one of the car's fixed metal pieces - but is this purchase really necessary, as per the law?
I don't see anything in the law that makes that purchase necessary. However, they only cost $30-40 so opinion deleted.

Re: Secure compliance vs. Convertible Automobile

Posted: Wed May 26, 2010 7:13 am
by Islands7
I think this is finally going well, good directives from those more experienced.
I still need to post security vs. children (home, car, whatever) Texas law to gain equally good spotlighting & parsing.