Regarding carrying a gun in a car:
PC §46.02 states:
"...(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; ..."
Is there any clarification on the term: "plain view"?
Specifically, would a pistol, totally zipped up in a soft sided pistol bag, be considered in plain view.
Note: the pistol bag itself is in plain view in the storage bin at the bottom of the driver's door.
Thanks
Clarification
Moderators: carlson1, Charles L. Cotton
Re: Clarification
No, that is not plain view. However if it was just in the storage bin and not in the case, then it's in plain view. ASs long as its in the case, the case can be in the seat next to you.
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The Annoyed Man
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Re: Clarification
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Re: Clarification
IANAL, butRPBrown wrote:No, that is not plain view. However if it was just in the storage bin and not in the case, then it's in plain view. ASs long as its in the case, the case can be in the seat next to you.
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smoothoperator
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Re: Clarification
It looks like there was a lot of case law concerning the phrase "plain view" even before MPA passed.
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neil thomas
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Re: Clarification
Guys,
Thanks for the quick responses.
Thanks for the quick responses.