I can see I need a refresher/update course, whether I am due for one or not. Thanks for the corrections, I didn't realize my info was so out-of-date.

if the gun cant be in plain view, wouldnt this be considered concealed? just asking cause this stuff is confusing

Buster, i took a class a few moths ago and I asked the same ?.... what was told to me was that as long as it is not visible to the (normal) person then it is conceiled... Im talking about a vehicle.. You could put it in your front seat right next to you if you wanted to.. The (average) person should not be able to see it.. The (average) person has no reason to be looking into your car.. Police officers look into peoples cars. Therefore making it conceiled to the average person.
Its not a wise idea, you slam on the breaks the gun is in the floorboard out of reach.
Instructor told me best place is right under your seat in a cheap holster.. LOADED!! No bad guy is going to wait for you to put your clip in and load a round... Its all lgal too!!

"Mounted" cheap holster that is.. So is in the same place evertime

Aceclay, please do not leave that gun in the seat beside you, it is not ok...Unless you like a pistol in your face. Two things are gonna happen in that scenario on a traffic stop, first one is the Deputy will see the gun before you have time to explain that you are carrying a loaded weapon legally. And the second would be you try to throw it back under the seat real fast before the offficer approached you. That in itself would called a "furtive movement" which is associated with criminal activity. So a legal search could be conducted of your vehicle.

I would say to those wanting to carry in your vehicle get a CHL and an unloaded weapon is a useless weapon. A CHL course is going to get everyone aware of the law and there would not be all this confusion. And in the event you get pulled over be sure to present your CHL along with your drivers license. Should not ever have any problems if you follow this.

thanks ace
still is a bit confusing. i understand the normal person seeing it thing, but what tensix said seems valid as well. is it better to let the cop see it and then explain or have it where the cop doesnt see it. i know you want to have it where you can use it if needed,but dont want to go to jail for having it in the wrong place. Damn this is hurting my brain!!!

Tensix, im not saying that I carry nor should ANYONE carry a gun in there seat next to them. I was just mearly making a statement that they "could if they wanted to" LEGALLY"!!!
first of all its my right to carry a loaded firearm, second If im not doing anything wrong then why am I going to be shuffling around trying to hide it...
Im not disagree'n w/ you on the fact that the officer would get his panties in a wad, but that is something that you state before he even asks you for any information. It takes two seconds to say, "im chl holder and I have a loaded firearm in my vehicle" His response should be "could you step out of the car". That simple... Sure some will get Poed but thats there job and they have to deal w/ it..

"You could put it in your front seat right next to you if you wanted to.."
"Its NOT a wise idea, you slam on the breaks the gun is in the floorboard out of reach."

When the approach is made, the LEO is looking in your car way before any contact will be made with you my friend. You have the right to drive your car into your house if you want to, but you will agree it isnt very smart. If you plan on driving with a loaded gun in your seat go ahead and bring some bactine with it..Officer safety is first and foremost.

not sure what you meant by that, but ok.. Im not saying to travel w/ a loaded gun next to you, just making a point that it is perfectly legal to... i agree that oficer safety is first and foremost. regardless of where the gun is in your vehicle he is going to make you get out if he has any brains at all.. chl or no chl, doesnt matter..

Making you get out doesnt make them smarter or dumber. Its what the situatoin calls for. No licesnse just keep it hid and dont say anything about it and no problems should occur unless you do somthing stupid

This is a confusing issue.
I don't carry a pistol every day for PP but if i am heading to the lease I usually have my pistol and Rifle (unloaded)in a case on the back seat. is this OK?
If i am just going to the lease to check the hog trap or just do some maintenance I carry my pistol in a backpack on the floor in the backseat. Is this OK?
I don't have a CHL, if I'm pulled over do I say I have weapons and they will prob ask me to step out out or do I lie and then in more sh*+ for not telling the truth?
I will prob get my CHL in the future to be safe but would love to know where i stand as I'm sure a lot of us use and carry pistols in the same situations as i do.

My understanding is if you are traveling you may have a loaded firearm in your possession. You will get hasseled if you do not have a CHL more than likely. Thats why I got a CHL. The key is traveling.

Ok, i went through the class this weekend and this is what i learned...one, you can carry a loaded pistol concealed in your vehicle, CHL or not, CHL just allows it to be carried on you. Two, you DO NOT have to be traveling to carry it, no two county rule, nothing like that, period. Three, you do NOT have to legally disclose that you are carrying a concealed handgun UNLESS you are asked, IF you dont have a CHL that is, verbatim from my instructor.

I agree, Fetch up!!!
If you do have a CHL that better be one of the first things you do.. Give him DL ALONG w/ CHL..
Thats where im making the statement that they are probably going to make you get out, whether you are being cool or not.. Just for their safety!!

confusion

LOL no reason to be confused, what i wrote above is the law now, verbatim from a CHL instructor

does anybody know if an 18 yr old can also have a pistol in vehicle? i know he cant buy one or get chl at 18 but i cant find info it seems to be a gray area. im pretty sure i can give him a pistol for home use just dont understand castle law on vehicle

You guys are quoting a bunch of old law. House bill 823 is old law and has been replaced. The traveling question is no longer an issue at all. The legislature cured all the problems with the rogue prosecutors by amending section 46.02 of the penal code. You simply do not have to be traveling at all to carry in a vehicle and you do not need a CHL.

The following is 46.02 and it is the current law:

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.

Slept in Civics class did we? Bill 823 is the "new law" in its infancy. Once a bill is voted on it turns into a law..

I have a question. Would it be legal for a person without a chl, who is camping in a tent to possess a handgun inside the living quarters of the tent?

Oh just another pettyfogger, sorry you moved over to the dark side. Id rather be a shoe salesman than an ambulance chaser. Oh by the way Im the person you hate most as a defense atty.