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Castle Law?
#5934250
09/18/15 11:41 AM
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Joined: Jun 2006
Posts: 8,324
Dave Davidson
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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.
Last edited by Dave Davidson; 09/18/15 11:42 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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Re: Castle Law?
[Re: Dave Davidson]
#5934261
09/18/15 11:52 AM
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Joined: Dec 2008
Posts: 22,630
Cast
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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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Re: Castle Law?
[Re: Dave Davidson]
#5934343
09/18/15 12:58 PM
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Joined: May 2006
Posts: 31,055
HWY_MAN
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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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Re: Castle Law?
[Re: Dave Davidson]
#5934346
09/18/15 01:01 PM
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Joined: Jan 2005
Posts: 332
Ihunt
Bird Dog
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Bird Dog
Joined: Jan 2005
Posts: 332 |
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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Re: Castle Law?
[Re: Cast]
#5934366
09/18/15 01:14 PM
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Joined: May 2011
Posts: 28,019
skinnerback
THF Celebrity Chef
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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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Re: Castle Law?
[Re: Ihunt]
#5934722
09/18/15 03:56 PM
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Joined: Jun 2006
Posts: 8,324
Dave Davidson
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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.
Last edited by Dave Davidson; 09/18/15 03:59 PM.
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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Re: Castle Law?
[Re: Dave Davidson]
#5934785
09/18/15 04:35 PM
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Joined: Sep 2004
Posts: 12,392
RedRanger
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Posts: 12,392 |
You can carry a pistol to pick up a child, just can't enter the building. Parking lots are fine.
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Re: Castle Law?
[Re: HWY_MAN]
#5934947
09/18/15 06:12 PM
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Joined: Aug 2010
Posts: 2,605
fouzman
Veteran Tracker
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Veteran Tracker
Joined: Aug 2010
Posts: 2,605 |
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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Re: Castle Law?
[Re: RedRanger]
#5945505
09/25/15 03:27 AM
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Joined: Dec 2010
Posts: 350
Quick Shoot Again
Bird Dog
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Bird Dog
Joined: Dec 2010
Posts: 350 |
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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Re: Castle Law?
[Re: Quick Shoot Again]
#5945655
09/25/15 11:26 AM
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Joined: Sep 2004
Posts: 12,392
RedRanger
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Posts: 12,392 |
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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Re: Castle Law?
[Re: Dave Davidson]
#5946845
09/25/15 11:32 PM
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Joined: Sep 2015
Posts: 735
bull279
Tracker
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Tracker
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Posts: 735 |
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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Re: Castle Law?
[Re: bull279]
#5948798
09/27/15 04:13 PM
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Joined: Sep 2004
Posts: 12,392
RedRanger
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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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Re: Castle Law?
[Re: RedRanger]
#5957141
10/02/15 03:57 AM
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Joined: Sep 2015
Posts: 735
bull279
Tracker
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Tracker
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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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Re: Castle Law?
[Re: Dave Davidson]
#5957248
10/02/15 11:25 AM
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Joined: Jun 2006
Posts: 8,324
Dave Davidson
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THF Trophy Hunter
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OP
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Posts: 8,324 |
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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Re: Castle Law?
[Re: Dave Davidson]
#5957965
10/02/15 07:57 PM
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Joined: Jan 2011
Posts: 46,950
Gravytrain
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If you don't exerciser your rights in this regard, it's like not having them.
Upon us all, upon us all, a little rain must fall
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Re: Castle Law?
[Re: Quick Shoot Again]
#5960548
10/04/15 09:27 PM
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Joined: Jul 2008
Posts: 21,617
pegasaurus
THF Celebrity
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Posts: 21,617 |
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. With a CHL you can walk right up to the front door. Just do not cross the threshold.
Funny thing about getting older: Your eyesight starts getting weaker but your ability to see through people's BS gets much better.
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Re: Castle Law?
[Re: Dave Davidson]
#5967470
10/08/15 03:56 PM
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Joined: Aug 2012
Posts: 15,566
TexFlip
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MPA allows you to carry in your vehicle. Castle Doctrine has nothing to do with it.
Just to make sure that it is done thoroughly, I go both ways.
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Re: Castle Law?
[Re: Dave Davidson]
#5974853
10/13/15 12:45 PM
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Joined: Jun 2006
Posts: 8,324
Dave Davidson
OP
THF Trophy Hunter
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OP
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Joined: Jun 2006
Posts: 8,324 |
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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Re: Castle Law?
[Re: Dave Davidson]
#5986927
10/21/15 12:04 PM
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Joined: Aug 2012
Posts: 15,566
TexFlip
THF Celebrity
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Motorist Protection Act, it allows you to readily carry handguns, loaded and within reach, so long as you conceal the firearm inside your vehicle.
Just to make sure that it is done thoroughly, I go both ways.
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Re: Castle Law?
[Re: Dave Davidson]
#5986988
10/21/15 12:53 PM
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Joined: Sep 2004
Posts: 12,392
RedRanger
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Yep, and jail is still jail. And lawyers are expensive even when you are innocent of breaking the law. Yes, but you can't go around scared of breaking laws your whole life. You must do what you think is correct. In case you get a cop who lies or is corrupt then the court system is there sort things out (hopefully).
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