TexasCHLforum.com

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

Only if he is not a Felon or otherwise ineligible to carry under MPA.

I want to get my chl but I gotta wait till 2019 cause I did deferred adjudication in 2009

rbwhatever1 wrote: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.

This is an accurate statement only if it is carefully parsed. The law does say that you may have the gun in your car. But, and this is the careful part, it does not say you may have it in anyone else's car. In the specific case of this poster, the car is not his, so the law allowing him to carry the firearm on or about his person while not in plain view does not apply. That law specifically states the car must be owned or under the control of the gun owner/possessor.

The OP will be the passenger in someone else's car. He may not have the gun on or about his person. I think the best way to look at this is if it is your car, you are okay, but if it is not your car, it is just like a bus ride. The gun can be in your baggage, but not with you.

what about if I'm with my wife I have a chl she does not I usually keep the gun on my person while we are traveling
If i'm driving her car then what if she is driving my car then what I'm confused. Does community property come into
play we seldom drive each others cars she has her car I have my car. Her car is registered in her name only my car
is registered in my name only

If you have your chl you have nothing to worry about tommy

srothstein wrote:

rbwhatever1 wrote: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.

This is an accurate statement only if it is carefully parsed. The law does say that you may have the gun in your car. But, and this is the careful part, it does not say you may have it in anyone else's car. In the specific case of this poster, the car is not his, so the law allowing him to carry the firearm on or about his person while not in plain view does not apply. That law specifically states the car must be owned or under the control of the gun owner/possessor.

The OP will be the passenger in someone else's car. He may not have the gun on or about his person. I think the best way to look at this is if it is your car, you are okay, but if it is not your car, it is just like a bus ride. The gun can be in your baggage, but not with you.

The Law as written is very clear and does not specify ownership of the handgun or passengers. As long as one is over the age of 18 and "Law-Abiding", one can carry any bodies handgun in ones vehicle as long as its not in plain view.

Unless I missed a change of Law by the State of Texas specifically stating ownership of the handgun...

rbwhatever1 wrote:The Law as written is very clear and does not specify ownership of the handgun or passengers. As long as one is over the age of 18 and "Law-Abiding", one can carry any bodies handgun in ones vehicle as long as its not in plain view.

Unless I missed a change of Law by the State of Texas specifically stating ownership of the handgun...

It isn't about ownership, it is about possession (carrying on or about the person) of the handgun combined with control of the vehicle.

A (non-licensee) passenger cannot possess (carry) a handgun in someone else's car because the passenger does not control the vehicle.

Sec. 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:
...
(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.

Bob,
Thanks.. great clarification.

rbwhatever1 wrote:

srothstein wrote:

rbwhatever1 wrote: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.

This is an accurate statement only if it is carefully parsed. The law does say that you may have the gun in your car. But, and this is the careful part, it does not say you may have it in anyone else's car. In the specific case of this poster, the car is not his, so the law allowing him to carry the firearm on or about his person while not in plain view does not apply. That law specifically states the car must be owned or under the control of the gun owner/possessor.

The OP will be the passenger in someone else's car. He may not have the gun on or about his person. I think the best way to look at this is if it is your car, you are okay, but if it is not your car, it is just like a bus ride. The gun can be in your baggage, but not with you.

The Law as written is very clear and does not specify ownership of the handgun or passengers. As long as one is over the age of 18 and "Law-Abiding", one can carry any bodies handgun in ones vehicle as long as its not in plain view.

Unless I missed a change of Law by the State of Texas specifically stating ownership of the handgun...

Sorry if I was not clear. The ownership of the handgun is irrelevant, as you say. But the person possessing the gun can only do so legally in a car he owns or is in control of. If you are a passenger in a car owned by someone else, you cannot legally carry a gun in your possession without some other exception to the law. A CHL is one exception, being a peace officer is a second. And of course, the age old standby traveling is a third exception if you want to try that route.

And that is where I said your statement must be carefully parsed. The "in his vehicle" is correct but must be understood to only cover "his car" and not as a passenger in someone else's car.

Please note that if you are carrying a handgun in your vehicle ( not on your person ), it must be concealed. Longguns are a different animal.

XGC Radioactive wrote:

Joxds wrote:

JP171 wrote: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.

That would be lying.