Shotgun in the car

govnor · Post by **govnor** » Fri Jun 22, 2007 8:11 pm

After my controversial post about carrying without a CHL, I noticed on some of the replies that I should just go ahead and carry a shotgun around. Don't think I haven't already thought of this one. From the questions I've asked, it seems just about as bad as carrying a pistol. Well, maybe not as bad, but still illegal.

When I worked security and worked with Dallas PD every day I did ask them about it. CHL wasn't available at that time. One LEO told me that it was legal to carry it loaded in your front seat if you want to. I had another one tell me that it was only legal on a gun rack (or bubba rack, as he called it) in the back of your truck. At that time I didn't have a truck (though I do now, thank god).

Does anyone know the real answer? Or is it up to the discretion of the officer stopping you? I certainly wouldn't feel comfortable with a LEO walking up to my car to see a loaded .12 gauge in the front seat! Not that I would keep it there or even in open view. I certainly wouldn't keep it on a gun rack in full view of every piece of, um, BG that might walk by my truck and just break the window out.

Also, if it's illegal to carry a shotgun normally...is it then legal after you get a CHL? I seriously haven't gotten any straight answers on this, but I prefer a shotgun to just about any other weapon anyway. I would imagine that with a CHL, an officer isn't going to be concerned much with a shotgun in the car. I'd rather be legal though, if possible. Contrary to what some might think...that is my intention.

frankie_the_yankee · Post by **frankie_the_yankee** » Fri Jun 22, 2007 8:44 pm

As far as I know it is and always has been perfectly legal to carry a loaded shotgun in your automobile. A CHL has nothing to do with it. (CHL = "Concealed Handgun License")

seamusTX · Post by **seamusTX** » Fri Jun 22, 2007 9:07 pm

Nowhere in the penal code does it say that it is illegal to carry a shotgun or rifle in your vehicle. That doesn't mean you will never be hassled over it.

Two things you have to watch for:

PC Â§46.03, places weapons prohibited, lists two places a vehicle can go: on premises where a school-sponsored event is being held, and within 1,000 feet of a place of execution, with a bunch of conditions attached. If you don't drive near Huntsville prison, that's not a problem.
PC Â§42.01 makes "displays a firearm or other deadly weapon in a public place in a
manner calculated to alarm" an offense. That's a bit subjective; but if it's out of sight, you can't be said to "display" it.

- Jim

txinvestigator · Post by **txinvestigator** » Fri Jun 22, 2007 9:14 pm

govnor wrote:After my controversial post about carrying without a CHL, I noticed on some of the replies that I should just go ahead and carry a shotgun around. Don't think I haven't already thought of this one. From the questions I've asked, it seems just about as bad as carrying a pistol. Well, maybe not as bad, but still illegal.

When I worked security and worked with Dallas PD every day I did ask them about it. CHL wasn't available at that time. One LEO told me that it was legal to carry it loaded in your front seat if you want to. I had another one tell me that it was only legal on a gun rack (or bubba rack, as he called it) in the back of your truck. At that time I didn't have a truck (though I do now, thank god).

Does anyone know the real answer? Or is it up to the discretion of the officer stopping you? I certainly wouldn't feel comfortable with a LEO walking up to my car to see a loaded .12 gauge in the front seat! Not that I would keep it there or even in open view. I certainly wouldn't keep it on a gun rack in full view of every piece of, um, BG that might walk by my truck and just break the window out.

Also, if it's illegal to carry a shotgun normally...is it then legal after you get a CHL? I seriously haven't gotten any straight answers on this, but I prefer a shotgun to just about any other weapon anyway. I would imagine that with a CHL, an officer isn't going to be concerned much with a shotgun in the car. I'd rather be legal though, if possible. Contrary to what some might think...that is my intention.

Texas law does not prohibit the carry of shotguns or rifles, generally.

The Unlawful Carrying Weapons statute, 46.02, prohibits the carry on or about your person of handguns, illegal knives or clubs. No mention is made of shotguns.

Section 46.03, Places weapons prohibited, prohibits the carry of FIREARMS and other weapons at certain places, like schools. (parking lots and such are still OK)

46.05 lists prohibited weapons, and includes short barreled firearms. For shotguns, that is a one with a barrel less than 18" and an overall length of less than 26 inches, 16 and 26 for rifles.

Section 42.01 makes it illegal to display a firearm in a manner "calculated to alarm".

Below is a link to the Texas Weapons Laws. You will notice there is no other mention of shotguns. Unless conduct is proscribed, then it is legal.

http://tlo2.tlc.state.tx.us/statutes/do ... m#46.01.00

txinvestigator · Post by **txinvestigator** » Fri Jun 22, 2007 9:14 pm

seamusTX wrote:Nowhere in the penal code does it say that it is illegal to carry a shotgun or rifle in your vehicle. That doesn't mean you will never be hassled over it.

Two things you have to watch for:
PC Â§46.03, places weapons prohibited, lists two places a vehicle can go: on premises where a school-sponsored event is being held, and within 1,000 feet of a place of execution, with a bunch of conditions attached. If you don't drive near Huntsville prison, that's not a problem.
PC Â§42.01 makes "displays a firearm or other deadly weapon in a public place in a
manner calculated to alarm" an offense. That's a bit subjective; but if it's out of sight, you can't be said to "display" it.

- Jim

Sorry, I was writing while you were posting.

seamusTX · Post by **seamusTX** » Fri Jun 22, 2007 9:16 pm

txinvestigator wrote:Sorry, I was writing while you were posting.

No need to apologize. It happens frequently.

- Jim

Greybeard · Post by **Greybeard** » Fri Jun 22, 2007 9:23 pm

Some folks I know always carried a handgun at least in vehicle long before CHL law went into effect.

But, not wanting the risk of it all between DPS instructor school in summer of '95 and Jan. 1, 2006, I opted for shotgun. 870 is still the "go to" gun if I must go looking for trouble on private property.

And yes, back in West Texas it was (and still is some places) common to carry long guns in racks in rear window of pick'emup truck. Down here in the Metromess, such might cause "public alarm" - or certainly get 'em stolen.

Post by **Skiprr** » Fri Jun 22, 2007 10:40 pm

Remington 870 Tac-2 FS. Ain't pretty in an F250 rear window, but it's a darned effective combat shotgun.

govnor · Post by **govnor** » Fri Jun 22, 2007 10:41 pm

Well, I still haven't gotten my CHL. It is in the works. I'll opt at this point to carry the shotgun instead of a handgun. The reason is because I don't have good access to the pistol anyway. I keep it well hidden. A shotgun is not much different given the size of it.

I still think I'm on the right side of the law since I travel through at least two counties every day and usually have a lot of cash on me. I'm also in a work truck, so I think most LEOs would understand. Man, driving 100 miles a day around the metroplex will make you want to have something available anyway. The only time I ever take the pistol out is when I feel like I'm in a threatening part of town. That seems to happen a lot around Dallas.

I do feel that in court a shotgun would be more easily explained than my XD .40. At least maybe a good lawyer could get me off of any charges. I certainly don't want to jeopardize my CHL at this point.

govnor · Post by **govnor** » Fri Jun 22, 2007 10:49 pm

Greybeard wrote:Some folks I know always carried a handgun at least in vehicle long before CHL law went into effect. But, not wanting the risk of it all between DPS instructor school in summer of '95 and Jan. 1, 2006, I opted for shotgun. 870 is still the "go to" gun if I must go looking for trouble on private property.

And yes, back in West Texas it was (and still is some places) common to carry long guns in racks in rear window of pick'emup truck. Down here in the Metromess, such might cause "public alarm" - or certainly get 'em stolen.

I've got a Winchester 1300 defender with two pistol grips. I'm not looking for trouble, but it has found me a few times. I'm with you on the west Texas thing. I grew up around the Vernon/Chilicothe area and you never heard about discussions like this. If you ever saw a cop, first of all, and happened to get pulled over by them (unlikely), they would know who you are and that you did have a gun in the truck. It wasn't even a concern out there. Everyone always carried a gun. It was just part of living out in the middle of nowhere. Now if you were some yankee or minority just passing through...that's a different story! Not that I'm condoning that type of thing...that's just the way it was.

Post by **Skiprr** » Fri Jun 22, 2007 10:56 pm

Carry safe. Carry legal.

Liberty · Post by **Liberty** » Sat Jun 23, 2007 7:23 am

frankie_the_yankee wrote:As far as I know it is and always has been perfectly legal to carry a loaded shotgun in your automobile. A CHL has nothing to do with it. (CHL = "Concealed Handgun License")

It may be a handgun license, but the law is written to allow CHL holders to allow them to carry otherwise illegal knives and clubs.

Diode · Post by **Diode** » Sat Jun 23, 2007 7:26 am

Amen , Skiprreer

Skiprr wrote:Carry safe. Carry legal.

RPBrown · Post by **RPBrown** » Sat Jun 23, 2007 7:27 am

Skiprr wrote:Remington 870 Tac-2 FS. Ain't pretty in an F250 rear window, but it's a darned effective combat shotgun.

Beauty is in the eye of the beholder.

TX Rancher · Post by **TX Rancher** » Sat Jun 23, 2007 7:31 am

govnor wrote:Well, I still haven't gotten my CHL. It is in the works. I'll opt at this point to carry the shotgun instead of a handgun. The reason is because I don't have good access to the pistol anyway. I keep it well hidden. A shotgun is not much different given the size of it.

Not sure I agree with the statement about size between shotgun and pistol, but in practice I guess it all depends on the criminal activity you are protecting yourself against.

What type of activities are you carrying the shottie for? In other words, what are you protecting against?

For some activities, a long gun is just not as effective as a pistol...not as agile in a confined space such as some vehicles.

Also, if you are carrying the pistol in addition to the shotgun (you mentioned it was in deep concealment), and use the shotgun in self defense, LEO will probably find the pistol. Are you carrying it in such a way that won't be an issue (such as a locked container)?

Of course after Sep that will not be an issue...

TexasCHLforum.com

Shotgun in the car

Shotgun in the car

Re: Shotgun in the car