TexasCHLforum.com

Can we discuss this, please.
I have a question at the end of the post.
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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.
(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;
(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.
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My question: A vehicle that is under the person's control.
Does this mean that a person has to be driving the vehicle?

So, if someone is carrying a handgun in a vehicle, they have to be the one driving the
vehicle?

Without a CHL it means the driver. It also means, that if the driver would get out of the vehicle, the person left in the vehicle would now be in control of the vehicle and would have to legally be able to posses the handgun.

Keith B wrote:Without a CHL it means the driver. It also means, that if the driver would get out of the vehicle, the person left in the vehicle would now be in control of the vehicle and would have to legally be able to posses the handgun.

It also refers to the owner, regardless of whether they are driving.

I think there is a solid argument a lessee has control over "their" motor vehicle, even if they're not the operator at the time.

what if the vehicle is registered in both occupants name but the one with chl exits the vehicle temporarily?

Is there a scenario that you are thinking of, that makes this worry you? If so, voice it a little more directly, and we can try to help you with it.

I have to agree with the posters above on this. There are a few variables that change the perspective of this, but as long as you are legally allowed to own the firearm, you're pretty much covered. What complicated it are people who are not legally being allowed to be in possession of "A" or "THE" firearm. The section in question is very flexible IMO.

patterson wrote:what if the vehicle is registered in both occupants name but the one with chl exits the vehicle temporarily?

Is the person left in the vehicle legally allowed to possess a firearm?

yes but no chl

sjfcontrol wrote:

Keith B wrote:Without a CHL it means the driver. It also means, that if the driver would get out of the vehicle, the person left in the vehicle would now be in control of the vehicle and would have to legally be able to posses the handgun.

It also refers to the owner, regardless of whether they are driving.

Whom ever has possession of the firearm would override that, don't you think? There is a big fat OR in between.

patterson wrote:yes but no chl

They are in control of the vehicle. Anything and everything in that vehicle should be interpreted as under their control. They should be in the clear as long as they can legally be in possession.

<EDIT> One stipulation:
Also amusing they can be in possession of the specific firearm in the vehicle.

ok

my thinking was a non chler could carry a firearm in vehicle as long as its not loaded and if the one with chl exits the vehicle the non chler is left in vehicle with a loaded firearm and would that person be breaking the law

patterson wrote:ok

Example:

My wife and I go to McDonalds to get lunch. The drive through long is super long, so I decided to go inside to order since I can see that nobody is at the counter. I have a CHL, but I leave the gun in the glove box and go inside to order our food. My wife is not a CHL carrier, and is now in control of the vehicle. Thus, the firearm is in her possession.

Now I must confirm that she can legally possess the firearm according to section PC 46.02. She's not a felon, it's not in plain view, she's legally allowed to own and possess the firearm, she is following all the laws... OK!

There's nothing wrong with me leaving my gun with my wife in the truck. She has every right to protect herself too, though she does not have a CHL. She could even take off and drive the vehicle as long as she follows the law.

NOTE: ALL STATEMENTS ARE SOLELY MY OPINION AND SHOULD NOT BE CONSIDERED LEGAL ADVICE.

patterson wrote:my thinking was a non chler could carry a firearm in vehicle as long as its not loaded and if the one with chl exits the vehicle the non chler is left in vehicle with a loaded firearm and would that person be breaking the law

Not to my understanding of the law. You may be thinking of something along the lines of long gun laws, but for a handgun, a non-CHL can have a loaded handgun in their vehicle, assuming that they are following other laws and regulations of course.

Doesn't MPA apply here?

If you don't have a CHL but can legally own a firearm then you can carry concealed (loaded and ready to fire) in a vehicle, correct?

Even if the owner of the firearm/car gets out of the vehicle and leaves the gun then the person in the car would, in effect, be in control of the gun and concealing it would be OK.

Please correct me if I am wrong.