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#5934250 - 09/18/15 06:41 AM Castle Law?
Dave Davidson Offline
Extreme Tracker

Registered: 06/24/06
Posts: 4273
Loc: Hurst, Tx
Bottom line: Is it legal to have a loaded pistol in my vehicle? Does it have to be out of sight like in my glove compartment or in the middle compartment of my car and/or pickup?? Would it be LEGAL to have it on the passenger seat under a towel or something?

I've been reading stuff on the web but haven't found that specific area covered. Is there a place on the web where that specific question is answered?

I have zero interest in open carry. I'm not real wild about getting a CHL or carrying a pistol around with me.

However, recent news events make me believe that it makes sense to have one quickly available.


Edited by Dave Davidson (09/18/15 06:42 AM)
_________________________
Without a sense of urgency, nothing ever happens.

Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley, Rancher Muleshoe Texas 1892-1985 RIP

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#5934261 - 09/18/15 06:52 AM Re: Castle Law? [Re: Dave Davidson]
Cast Offline
THF Celebrity

Registered: 12/14/08
Posts: 14901
Loc: North Texas - God's Country
Without a CHL. You'll be at the mercy of the LEO's judgement. With a CHL yes to all questions. I ain't a lawyer.
_________________________
Cast



I have a short attention spa

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#5934343 - 09/18/15 07:58 AM Re: Castle Law? [Re: Dave Davidson]
HWY_MAN Offline
THF Celebrity

Registered: 05/25/06
Posts: 25082
Loc: Howard County
Originally Posted By: Dave Davidson
Bottom line: Is it legal to have a loaded pistol in my vehicle? Does it have to be out of sight like in my glove compartment or in the middle compartment of my car and/or pickup?? Would it be LEGAL to have it on the passenger seat under a towel or something?

I've been reading stuff on the web but haven't found that specific area covered. Is there a place on the web where that specific question is answered?

I have zero interest in open carry. I'm not real wild about getting a CHL or carrying a pistol around with me.

However, recent news events make me believe that it makes sense to have one quickly available.


If you can legally own a hand gun you can carry a hand gun in your vehicle but it must be concealed.
_________________________
Yes a Weatherby does kill them deader.

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#5934346 - 09/18/15 08:01 AM Re: Castle Law? [Re: Dave Davidson]
Ihunt Offline
Bird Dog

Registered: 01/12/05
Posts: 263
Loc: DFW




Sec. 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 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 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;

(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.

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#5934366 - 09/18/15 08:14 AM Re: Castle Law? [Re: Cast]
skinnerback Online   content
THF Celebrity

Registered: 05/30/11
Posts: 10668
Loc: Rockport, Tx.
Originally Posted By: Cast
Without a CHL. You'll be at the mercy of the LEO's judgement. With a CHL yes to all questions. I ain't a lawyer.


You will not be at the mercy of a LEO's judgment. If you can legally own a handgun, you can have that handgun loaded anywhere in your vehicle as long as it's concealed. You don't need a CHL to carry in your vehicle.
_________________________

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#5934722 - 09/18/15 10:56 AM Re: Castle Law? [Re: Ihunt]
Dave Davidson Offline
Extreme Tracker

Registered: 06/24/06
Posts: 4273
Loc: Hurst, Tx
I qualify under everything in 46.02. I've read it several times but not sure I haven't overlooked something.

I hope to never have to even consider using a firearm. Been there, done that, a long time ago. But, there just might come a time when Cops aren't the only target. I've done a lot of thinking about this stuff and I expect that I have more shooting irons than most on here.

I'm 72 YOA, in better physical condition than 95% of those my age, but have very few illusions. In no way do I consider myself either an obvious target or a billybobbadass. I know better than to have it when I pick up a Grandkid from school or other gun free zones. The Castle Law may conflict here regarding gun free zones. I don't know.

I do not believe in pistols for home protection. That requires a shotgun.

I expect that it would be up to the individual LEO to interpret the word "concealed".

My only interest is not being a victim.


Edited by Dave Davidson (09/18/15 10:59 AM)
_________________________
Without a sense of urgency, nothing ever happens.

Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley, Rancher Muleshoe Texas 1892-1985 RIP

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#5934785 - 09/18/15 11:35 AM Re: Castle Law? [Re: Dave Davidson]
RedRanger Offline
Veteran Tracker

Registered: 09/07/04
Posts: 3166
Loc: Frisco, TX / Davao Philippines
You can carry a pistol to pick up a child, just can't enter the building. Parking lots are fine.
_________________________


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#5934947 - 09/18/15 01:12 PM Re: Castle Law? [Re: HWY_MAN]
fouzman Offline
Pro Tracker

Registered: 08/09/10
Posts: 1003
Loc: Houston, TX
Originally Posted By: HWY_MAN
Originally Posted By: Dave Davidson
Bottom line: Is it legal to have a loaded pistol in my vehicle? Does it have to be out of sight like in my glove compartment or in the middle compartment of my car and/or pickup?? Would it be LEGAL to have it on the passenger seat under a towel or something?

I've been reading stuff on the web but haven't found that specific area covered. Is there a place on the web where that specific question is answered?

I have zero interest in open carry. I'm not real wild about getting a CHL or carrying a pistol around with me.

However, recent news events make me believe that it makes sense to have one quickly available.


If you can legally own a hand gun you can carry a hand gun in your vehicle but it must be concealed.


This.

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#5945505 - 09/24/15 10:27 PM Re: Castle Law? [Re: RedRanger]
Quick Shoot Again Offline
Bird Dog

Registered: 12/12/10
Posts: 316
Loc: Austin, Texas
Originally Posted By: RedRanger
You can carry a pistol to pick up a child, just can't enter the building. Parking lots are fine.


I understand that if you don't have a CCL you can not have a hand gun in a school zone, school parking lot or anywhere around it.
With a CCL you are ok in the school zone and parking lot.
_________________________
Life should not be a journey to the grave with the intention of arriving safely in a well preserved body, But rather to skid in sideways, body thoroughly used up, totally worn out, Screaming "WHOO HOO What A Ride"

NRA Life Member

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#5945655 - 09/25/15 06:26 AM Re: Castle Law? [Re: Quick Shoot Again]
RedRanger Offline
Veteran Tracker

Registered: 09/07/04
Posts: 3166
Loc: Frisco, TX / Davao Philippines
Originally Posted By: Quick Shoot Again
Originally Posted By: RedRanger
You can carry a pistol to pick up a child, just can't enter the building. Parking lots are fine.


I understand that if you don't have a CCL you can not have a hand gun in a school zone, school parking lot or anywhere around it.
With a CCL you are ok in the school zone and parking lot.


CHL for sure your ok, I would guess if you are non chl and have weapon concealed then you are ok also
_________________________


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#5946845 - 09/25/15 06:32 PM Re: Castle Law? [Re: Dave Davidson]
bull279 Offline
Tracker

Registered: 09/08/15
Posts: 672
Loc: Central Texas
I will warn you that there have been people that have been cited for illegally carrying a firearm because it was not concealed, even though it was not in plain sight (covered up in the passenger seat or in a door pocket). I don't agree with this, but to a certain extent, yes it is up to the LEO. I would keep it in the center console or glove compartment.
_________________________
Aut viam inveniam aut faciam

U.S. Army Military Police (ABN) 1998-2003

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#5948798 - 09/27/15 11:13 AM Re: Castle Law? [Re: bull279]
RedRanger Offline
Veteran Tracker

Registered: 09/07/04
Posts: 3166
Loc: Frisco, TX / Davao Philippines
Originally Posted By: bull279
I will warn you that there have been people that have been cited for illegally carrying a firearm because it was not concealed, even though it was not in plain sight (covered up in the passenger seat or in a door pocket). I don't agree with this, but to a certain extent, yes it is up to the LEO. I would keep it in the center console or glove compartment.


Actually it isn't up to the LEO.

It would be up to the court system, the LEO doesn't make rulings
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#5957141 - 10/01/15 10:57 PM Re: Castle Law? [Re: RedRanger]
bull279 Offline
Tracker

Registered: 09/08/15
Posts: 672
Loc: Central Texas
Originally Posted By: RedRanger
Actually it isn't up to the LEO.

It would be up to the court system, the LEO doesn't make rulings


The court makes the ruling, but the LEO is going to make the initial decision on scene and then the court sorts it out.
_________________________
Aut viam inveniam aut faciam

U.S. Army Military Police (ABN) 1998-2003

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#5957248 - 10/02/15 06:25 AM Re: Castle Law? [Re: Dave Davidson]
Dave Davidson Offline
Extreme Tracker

Registered: 06/24/06
Posts: 4273
Loc: Hurst, Tx
Yep, and jail is still jail. And lawyers are expensive even when you are innocent of breaking the law.
_________________________
Without a sense of urgency, nothing ever happens.

Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley, Rancher Muleshoe Texas 1892-1985 RIP

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#5957965 - 10/02/15 02:57 PM Re: Castle Law? [Re: Dave Davidson]
Gravytrain Offline
THF Celebrity

Registered: 01/06/11
Posts: 16887
Loc: Rowlett, Tx
If you don't exerciser your rights in this regard, it's like not having them.

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