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Unlicensed carry in vehicle
Posted: Wed May 08, 2013 9:39 am
by RogueUSMC
It is day 83 since I mailed my packet to Austin so I have an unlicensed question...
I understand that I may not carry on my person away from my vehicle or property...can I legally have it in a holster on my body in my vehicle? If so, how would it be handled on a traffic stop were I to be asked to get out of the vehicle?
Thanks,
Lee
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 9:44 am
by Keith B
RogueUSMC wrote:It is day 83 since I mailed my packet to Austin so I have an unlicensed question...
I understand that I may not carry on my person away from my vehicle or property...can I legally have it in a holster on my body in my vehicle? If so, how would it be handled on a traffic stop were I to be asked to get out of the vehicle?
Thanks,
Lee
Yes you can, but that is one of the issues. If you must suddenly exit the vehicle for any reason, including a traffic stop, or you just plain forget about the fact you are wearing a firearm, you will be in violation of the penal code. My advice is secure it in a holster in the vehicle where it is out of sight but easily accessable if needed. I travel that way most of the time anyway.
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 9:44 am
by Purplehood
I don't think that the MPA specifies how you carry it in the vehicle other than the requirement that it be out of sight. When you leave the vehicle it shouldn't go with you unless you are taking it into your residence.
Please recall, I am not a lawyer and this post is only worth whatever value one may give it.
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 9:49 am
by gdanaher
Well, yes, under MPA as long as the firearm is concealed and inside the vehicle it should be legal, but think about the mechanics. If you are stopped and the officer asks you to step out, you have a problem because he does not want you to touch the gun to remove it and then place it in the console, and getting out of the car without a license will be problematic. I would suggest that you keep it in a secure place that is not visible from outside the car. I see nothing gained by having it holstered on your person under these circumstances.
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 11:16 am
by nightmare69
I thought the MPA said you had to keep the firearm in a factory vehicle compartment(console, glovebox) and the firearm could not be on your person.
Someone pull the law and verify this.
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 11:49 am
by Pawpaw
nightmare69 wrote:I thought the MPA said you had to keep the firearm in a factory vehicle compartment(console, glovebox) and the firearm could not be on your person.
Someone pull the law and verify this.
No it does not.
You can look it up here:
http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 11:54 am
by E.Marquez
nightmare69 wrote:I thought the MPA said you had to keep the firearm in a factory vehicle compartment(console, glovebox) and the firearm could not be on your person.
Someone pull the law and verify this.
No sir it does not, but if your still unsure.. Perhaps you should "pull it" and have a look.. as the request is yours
Have a look HERE
http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false;
and straight from the horses mouth HERE
HB 1815
http://www.legis.state.tx.us/tlodocs/80 ... 01815I.htm" onclick="window.open(this.href);return false;
EDIT: Was not trying to pile on
I did not see PAWPAW's response till after I posted
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 11:56 am
by nightmare69
We are talking about unlicensed carry not CHL. Tell me what page number it talks about the MPA act of 2009.
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 12:32 pm
by RX8er
nightmare69 wrote:
We are talking about unlicensed carry not CHL. Tell me what page number it talks about the MPA act of 2009.
Easy cowboy, we all can help each other learn. The MPA is a bill that changed an existing penal code(s). And, jst FYI, CHL-16 doesn't just apply to those that have a CHL, it is only a binder of important laws you should know. You are looking for penal code 46.02 and HB 1815. On the CHL-16 It is under CH. 46. WEAPONS on page 36. You will see PC §46.02. UNLAWFUL CARRYING WEAPONS. and it is (2). Just to make it easy, I've quoted it for ya as well. You can go the the link above for the house bill.
PC §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:
(1) on the person's own premises or premises under the person's control; or
(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.
(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; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water;
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 12:46 pm
by longtooth
RX8er wrote:nightmare69 wrote:
We are talking about unlicensed carry not CHL. Tell me what page number it talks about the MPA act of 2009.
Easy cowboy, we all can help each other learn. The MPA is a bill that changed an existing penal code(s). And, jst FYI, CHL-16 doesn't just apply to those that have a CHL, it is only a binder of important laws you should know. You are looking for penal code 46.02 and HB 1815. On the CHL-16 It is under CH. 46. WEAPONS on page 36. You will see PC §46.02. UNLAWFUL CARRYING WEAPONS. and it is (2). Just to make it easy, I've quoted it for ya as well. You can go the the link above for the house bill.
PC §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:
(1) on the person's own premises or premises under the person's control; or
(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.
(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; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water;
This should have been a point of emphis in your class.
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 12:52 pm
by RX8er
Yes it should. In the class that The_Busy_Mom teaches, it is covered in detail.
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 12:54 pm
by nightmare69
longtooth wrote:
This should have been a point of emphis in your class.
I don't remember hearing anything about it during the class. Our instructor also was unaware that you could do the online application and told everyone to do the paper app.
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 3:17 pm
by gthaustex
nightmare69 wrote:longtooth wrote:
This should have been a point of emphis in your class.
I don't remember hearing anything about it during the class.
Our instructor also was unaware that you could do the online application and told everyone to do the paper app.
I was willing to think that perhaps you somehow missed that discussion in class. However, the highlighted above makes me think that it indeed may not have been covered at all. If that is the case, that is not good....not good at all. It is a pretty integral part of the penal code that one needs to be familiar with in order to competently carry IMHO....
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 3:40 pm
by RogueUSMC
So if I am carrying holstered in my POV, I am within the law...how would I handle a traffic stop where I am asked to step out of the vehicle?
Re: Unlicensed carry in vehicle
Posted: Wed May 08, 2013 3:47 pm
by RX8er
nightmare69 wrote:longtooth wrote:
This should have been a point of emphis in your class.
I don't remember hearing anything about it during the class. Our instructor also was unaware that you could do the online application and told everyone to do the paper app.
Wow, that is pretty scary. I'd say send an email to your instructor with the new found info and a link to these forums. My guess is though, he doesn't have a computer.
What is more scary than this though is, what you may or may not know as a result of a poor instructor.