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Question about on or about

Posted: Sat Jun 27, 2009 8:08 pm
by MRR
I am currently waiting on my chl and was wondering about the on or about person part, the "on" is self explanetory but the "about" part seems a little vague to me. I was wondering about everyone's thought on just how close you have to be to your firearm for it to be considered about your person. The whole reason for this question is because I fish along rivers at night and would like to keep my gun in my tackle box because occationally I end up in the river either from slipping in the mud or trying to wrestle out a big flathead.

Re: Question about on or about

Posted: Sat Jun 27, 2009 8:24 pm
by boomerang
It's for a jury to decide but if it's within reach and not under lock and key, I would vote it's "on or about" your person if I was a juror.

Re: Question about on or about

Posted: Sat Jun 27, 2009 8:26 pm
by longtooth
First we will say welcome aboard & a good question for your first post.
On or about your person is usually interpreted to mean w/in reach or easily accessable. Some examples but not limited to.
Glove box is on or about but in the trunk is not.
In the console is but locked in the truck tool box would not be.

In your tackle box would be if in close proxcimity but box left on the four wheeler under that tree 22 yds over there would not be.

My .02cents & some think it worth about half that. One of the LEOs should be along shortly.

Re: Question about on or about

Posted: Sat Jun 27, 2009 10:46 pm
by USA1
longtooth wrote: Glove box is on or about but in the trunk is not.
are you saying that carrying in your car/truck, in the glove box without a CHL is against the law ?
i ask this because i was under the impression that the MPA allowed a person to have a concealed firearm anywhere in the vehicle as long as its concealed.

Re: Question about on or about

Posted: Sun Jun 28, 2009 12:58 am
by boomerang
usa1 wrote:
longtooth wrote: Glove box is on or about but in the trunk is not.
are you saying that carrying in your car/truck, in the glove box without a CHL is against the law ?
No. I think he's saying the glove box would be "on or about his or her person" for someone in the front seat. Whether it's legal in Texas or not depends on a number of things, such as whether the actor is a convicted felon.

Re: Question about on or about

Posted: Sun Jun 28, 2009 1:04 am
by USA1
boomerang wrote:
usa1 wrote:
longtooth wrote: Glove box is on or about but in the trunk is not.
are you saying that carrying in your car/truck, in the glove box without a CHL is against the law ?
No. I think he's saying the glove box would be "on or about his or her person" for someone in the front seat. Whether it's legal in Texas or not depends on a number of things, such as whether the actor is a convicted felon.
ok thanks :tiphat: ....i thought there was something new i did'nt know about

Re: Question about on or about

Posted: Sun Jun 28, 2009 1:18 am
by longtooth
All the above is correct since I am tardy getting back to the thread. :tiphat:

Re: Question about on or about

Posted: Sun Jun 28, 2009 8:34 am
by stevie_d_64
I always thought that "on or about" was synonymous with "accessability"...

If it is "on" your person, that to me, meant holstered, carried in a pocket, stuck in the small of your back...etc etc etc...

"About" meant within reach, like in the crease between the bench seats of your vehicle, glove compartment, under something to conceal it from normal view...

If it is in a "Secure It" safe, locked up, even if that is within your reach, to me, means it is "inaccessable" to immediate use...If it is locked up in a trunk or container out of your reach, meaning you'd have to stop, get out of the vehicle, and get to it that way...It would not be "about" your person...Meaning it is secured...

Just my opinion...

Are we discussing this as to some aspect of the MPA???

Re: Question about on or about

Posted: Sun Jun 28, 2009 12:30 pm
by joe817
I agree with you stevie_d. I always thought the term "on or about your person" was specifically 2 different terms:
1. on your person, eg: holstered, stuck in your pants
2 about your person, ie: within easy reach, eg: in the glove box, in the center console, under your seat....sitting on your gun, in the passenger seat covered up and concealed out of sight.

It may not be right but it seems logical, yes? But I'm learning logical is not always correct. :???: :shock: :rules:

Re: Question about on or about

Posted: Sun Jun 28, 2009 2:31 pm
by boomerang
stevie_d_64 wrote:Are we discussing this as to some aspect of the MPA???
The OP asked about keeping a gun in the tackle box while fishing.

Re: Question about on or about

Posted: Sun Jun 28, 2009 2:57 pm
by JJVP
MRR wrote:I am currently waiting on my chl and was wondering about the on or about person part, the "on" is self explanetory but the "about" part seems a little vague to me. I was wondering about everyone's thought on just how close you have to be to your firearm for it to be considered about your person. The whole reason for this question is because I fish along rivers at night and would like to keep my gun in my tackle box because occationally I end up in the river either from slipping in the mud or trying to wrestle out a big flathead.
Check the Q&A on the CHL Law Package you got at your CHL class.

http://www.txdps.state.tx.us/ftp/forms/ ... df#page=71" onclick="window.open(this.href);return false;

Q: If my handgun is on the seat beside me, am I still considered to be
"carrying?"
A: Yes. The statute refers to carrying a gun "on or about" your person.
Texas courts generally have considered this to include any gun within
your reach, including one stored in your glove compartment or even in
a passenger's purse, if you can reach it without materially changing
your position.