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What happens when a cop makes u get out the car while you are carrying on you, but you don't have a CHL? In Texas you can have it in your car. But the cop made you get out. and you are later charged for you unauthorized use of a fire arm. That person saw some commotions outside so he decided to put it in his pocket.

I guess there is a permission from/to car/house. This is an interesting question, to be on the safe side, you should inform the LEO that you are carrying in your car under the MPAct. You would ask the LEO how to proceed. Most likely you will be disarmed while the stop is completed.

The usual caveats apply but I would have thought you would be in a world of trouble. The MPA doesn't mean you can get out of the vehicle with a concealed weapon. I am not sure why someone would 'see some commotion outside and decide to put the weapon into a pocket' . Wouldn't it have been better in your lap than in your pocket under those circumstances?

Den wrote:What happens when a cop makes u get out the car while you are carrying on you, but you don't have a CHL? In Texas you can have it in your car. But the cop made you get out. and you are later charged for you unauthorized use of a fire arm. That person saw some commotions outside so he decided to put it in his pocket.

Lets hear the full story before we opine further

gigag04 wrote:

Den wrote:What happens when a cop makes u get out the car while you are carrying on you, but you don't have a CHL? In Texas you can have it in your car. But the cop made you get out. and you are later charged for you unauthorized use of a fire arm. That person saw some commotions outside so he decided to put it in his pocket.

Lets hear the full story before we opine further

Agreed.

One post and a first post by a NewB means there is a reason this is being asked.

Den, please elaborate.

Hmmm I had assumed it was a hypothethical question.

PappaGun wrote:

gigag04 wrote:

Den wrote:What happens when a cop makes u get out the car while you are carrying on you, but you don't have a CHL? In Texas you can have it in your car. But the cop made you get out. and you are later charged for you unauthorized use of a fire arm. That person saw some commotions outside so he decided to put it in his pocket.

Lets hear the full story before we opine further

Agreed.

One post and a first post by a NewB means there is a reason this is being asked.

Den, please elaborate.

As I tell my students, "I'm sorry but I'm having a hard time understanding what you are asking/saying. Would you please restate your question/comment to help me understand?"

Help us understand so we can help you better.

Den wrote:What happens when a cop makes u get out the car while you are carrying on you, but you don't have a CHL? In Texas you can have it in your car. But the cop made you get out. and you are later charged for you unauthorized use of a fire arm. That person saw some commotions outside so he decided to put it in his pocket.

Well , if you have it on you and you DON`T have a CHL , your NOT supposed to have it ON you

But ,You really need to go more in detail before I go any futher.....

garcia946 wrote:your NOT supposed to have it ON you

If you are in your vehicle, you can (as long as you are legally allowed to own/possess one) have it on you, under MPA.
I had never had a handgun on my under MPA, but if I had, I think I would also have it on me, rather than in a glove box/arm rest or other location, in case I was car-jacked, I would rather have it on me, than have it there for the jacker to get it.

garcia946 wrote: Well , if you have it on you and you DON`T have a CHL , your NOT supposed to have it ON you

Not True. Being in a vehicle you own or under your control is an exception to 46.02 - Unlawfully Carrying Weapons.
You are absolutely allowed to have it On your person, if you are inside a vehicle.
It just has to be 'not in plain view'.

I must have always misread that then. I always took it as you can have it in your car/truck as you can have it in your glovebox or console as long as it was NOT on your person if you didnt have a CHL.

Learn new things everyday.

I have always read it to mean you can have it in the car(concealed) within reach, but not actually on your person.

cbucher wrote:I have always read it to mean you can have it in the car(concealed) within reach, but not actually on your person.

46.02 clearly says "on or about his or her person" in both (a) and (a-1).

This discussion shows one of the risks of carrying it on your person under MPA. In addition, both IWB and pocket carry present challenges while seated in an automobile, so there are some possible tactical advantages to off-body carry in a motor vehicle, whether or not you have a CHL.

Going back to the original question, I think 9.21(d)(2) would be part of my defense but IANAL, and it might be better to avoid the issue by explaining you're carrying under MPA and ask for instructions.

I would think (not a legal opinion) that it would fall under one of those circumstances where an officer tells you to do something that might otherwise be illegal (ex. directs you to drive on through a red light when working traffic). That's not to say that it wouldn't cause some stress, and have the possibility to go bad in a hurry.
It would probably be best to inform the officer that you are armed when he tells you to step out of the vehicle.

KC5AV wrote:It would probably be best to inform the officer that you are armed when he tells you to step out of the vehicle.

I agree.