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Carrying in a Vehicle #7580178 08/14/19 10:25 PM
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SenkoSamurai Offline OP
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I’m sure this is on the forum elsewhere, but can you have handgun OUT of plain sight, WITHOUT a CHL in Texas legally?

Re: Carrying in a Vehicle [Re: SenkoSamurai] #7580194 08/14/19 10:40 PM
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Yes

Re: Carrying in a Vehicle [Re: SenkoSamurai] #7580210 08/14/19 11:02 PM
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Out of plain view

Re: Carrying in a Vehicle [Re: SenkoSamurai] #7580239 08/14/19 11:53 PM
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not in plain site


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Re: Carrying in a Vehicle [Re: SenkoSamurai] #7580241 08/14/19 11:54 PM
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Si


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Re: Carrying in a Vehicle [Re: Brother in-law] #7580294 08/15/19 12:55 AM
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Originally Posted by procraft05
Yes

Originally Posted by Brother in-law
Out of plain view


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Re: Carrying in a Vehicle [Re: SenkoSamurai] #7580406 08/15/19 03:16 AM
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Castle doctrine


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Re: Carrying in a Vehicle [Re: SenkoSamurai] #7580416 08/15/19 03:59 AM
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Sure as long as your not a felon grin


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Re: Carrying in a Vehicle [Re: redchevy] #7580426 08/15/19 04:47 AM
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Originally Posted by redchevy
Sure as long as your not a felon grin


Or illegal immigrant.


Originally Posted by KRoyal
Haha yea I polished that thing for hours.
Re: Carrying in a Vehicle [Re: ImTheReasonDovesMourn] #7580461 08/15/19 10:51 AM
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Originally Posted by ImTheReasonDovesMourn
Originally Posted by redchevy
Sure as long as your not a felon grin


Or illegal immigrant.


I thought they could get away with most anything ! grin


"You may all go to hell and I will go to Texas".
Re: Carrying in a Vehicle [Re: snake oil] #7580572 08/15/19 01:31 PM
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Originally Posted by snake oil
Originally Posted by ImTheReasonDovesMourn
Originally Posted by redchevy
Sure as long as your not a felon grin


Or illegal immigrant.


I thought they could get away with most anything ! grin


haha, nicely done.


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Re: Carrying in a Vehicle [Re: snake oil] #7580586 08/15/19 01:41 PM
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Originally Posted by snake oil
Originally Posted by ImTheReasonDovesMourn
Originally Posted by redchevy
Sure as long as your not a felon grin


Or illegal immigrant.


I thought they could get away with most anything ! grin


Yup...our laws only pertain to us citizens...they are beyond the law


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Re: Carrying in a Vehicle [Re: SenkoSamurai] #7581845 08/16/19 11:05 PM
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Yes your car is considered your home. I would say it's not wise you might raise some eyebrows. But you don't need to have a license to have it in your car.

at least that was the case last time I looked.

Re: Carrying in a Vehicle [Re: hank000] #7582082 08/17/19 03:42 AM
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Originally Posted by hank000
Yes your car is considered your home. I would say it's not wise you might raise some eyebrows. But you don't need to have a license to have it in your car.

at least that was the case last time I looked.


So would I raise some eyebrows if I had a handgun out of sight in my house, too?


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Re: Carrying in a Vehicle [Re: SenkoSamurai] #7582296 08/17/19 05:30 PM
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Being able to legally carry a handgun in a vehicle has nothing to do with the castle doctrine. It was a legislative change to the penal code several years ago and has nothing to do with your residence either. The castle doctrine is what removed the duty to retreat in a deadly force encounter. It was originally placed in the penal code to prevent people from having mutually agreed to gunfights in the streets.

Re: Carrying in a Vehicle [Re: SenkoSamurai] #7584146 08/19/19 11:27 PM
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Yes, as long as you can legally own said firearm.

Re: Carrying in a Vehicle [Re: SenkoSamurai] #7584386 08/20/19 10:47 AM
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Yall left out a couple other parts. You can not be commiting any other crime (excluding traffic offenses) or be a member of a criminal gang. If you are doing any of those things and have a gun in your vehicle, it is then unlawful carrying. And it only applies to your vehicle, not you carrying as a passenger in someone elses car.


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Re: Carrying in a Vehicle [Re: SenkoSamurai] #7584435 08/20/19 12:10 PM
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What about a motorcycle ? I suppose saddlebags would qualify or some other non obvious mode of carry.

Just never heard of that issue addressed .

Re: Carrying in a Vehicle [Re: WendlingKnives] #7584681 08/20/19 04:45 PM
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Originally Posted by WendlingKnives
Yall left out a couple other parts. You can not be commiting any other crime (excluding traffic offenses) or be a member of a criminal gang. If you are doing any of those things and have a gun in your vehicle, it is then unlawful carrying. And it only applies to your vehicle, not you carrying as a passenger in someone elses car.

I don't think you are correct about that last statement. A few years ago I talked directly with the lady,Sherrie Zgabay, that was head of the CHL Dept. at DPS, and asked if it was legal for someone else to possess in my vehicle and was told yes. Must abide by same rules to keep concealed and cannot carry outside of vehicle unless going into residence, including motel or hotel.

Re: Carrying in a Vehicle [Re: fmrmbmlm] #7584876 08/20/19 09:02 PM
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Originally Posted by fmrmbmlm
Originally Posted by WendlingKnives
Yall left out a couple other parts. You can not be commiting any other crime (excluding traffic offenses) or be a member of a criminal gang. If you are doing any of those things and have a gun in your vehicle, it is then unlawful carrying. And it only applies to your vehicle, not you carrying as a passenger in someone elses car.

I don't think you are correct about that last statement. A few years ago I talked directly with the lady,Sherrie Zgabay, that was head of the CHL Dept. at DPS, and asked if it was legal for someone else to possess in my vehicle and was told yes. Must abide by same rules to keep concealed and cannot carry outside of vehicle unless going into residence, including motel or hotel.


The actual code states "inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control". Control means being operated by, not riding in. I assure you we make arrests for that all the time and is how the statute is written and interpreted by the court. We were not talking about people with an LTC in this thread, just people carrying in vehicles without any license.

Last edited by WendlingKnives; 08/20/19 10:48 PM.

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Re: Carrying in a Vehicle [Re: SenkoSamurai] #7584908 08/20/19 09:51 PM
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Ok Wendling, give me a hand. When I travel out of town, I often toss a pistol in the side of the door. Can I be arrested for that?


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Re: Carrying in a Vehicle [Re: WendlingKnives] #7584959 08/20/19 10:45 PM
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Originally Posted by WendlingKnives
Originally Posted by fmrmbmlm
Originally Posted by WendlingKnives
Yall left out a couple other parts. You can not be commiting any other crime (excluding traffic offenses) or be a member of a criminal gang. If you are doing any of those things and have a gun in your vehicle, it is then unlawful carrying. And it only applies to your vehicle, not you carrying as a passenger in someone elses car.

I don't think you are correct about that last statement. A few years ago I talked directly with the lady,Sherrie Zgabay, that was head of the CHL Dept. at DPS, and asked if it was legal for someone else to possess in my vehicle and was told yes. Must abide by same rules to keep concealed and cannot carry outside of vehicle unless going into residence, including motel or hotel.


The actual code states "inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control". Control means being operated by, not riding in. I assure you we make arrests for that all the time and is how the statute is written and interpreted by the court. We were bot talking about people with an LTC in this thread, just people carrying in vehicles without any license.

That is what I asked about non LTC holder, but I'll not argue the point since you have experience about it..

Re: Carrying in a Vehicle [Re: SenkoSamurai] #7584967 08/20/19 10:47 PM
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The statue reads it must be concealed. If an officer sees it when he approaches, its not concealed. And you probably will get to see his sidearm as well. All that being said, like most things in law enforcement, its up to the discretion of the officer. Seem like a good guy that just didnt know, youll probably be informed of the law and sent on your way. If youre not, or you get stopped by some hard-nose arrest everyone cop, you may not continue along your journey for a bit.

Last edited by WendlingKnives; 08/20/19 10:49 PM.

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Re: Carrying in a Vehicle [Re: WendlingKnives] #7585163 08/21/19 02:56 AM
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Originally Posted by WendlingKnives
The statue reads it must be concealed. If an officer sees it when he approaches, its not concealed. And you probably will get to see his sidearm as well. All that being said, like most things in law enforcement, its up to the discretion of the officer. Seem like a good guy that just didnt know, youll probably be informed of the law and sent on your way. If youre not, or you get stopped by some hard-nose arrest everyone cop, you may not continue along your journey for a bit.

Yes ,concealed was said to be needed, that was stated, everything I questioned her about related to non LTC. I asked what qualified as concealed, she said anything covering it that didn't print or suggest a handgun was in it, I asked if the soft or hard sided handgun cases qualified and she said that was iffy because LEO would assume a weapon was in it. Also when leaving the vehicle it must be completely concealed and not on your person, concealed and on your person in vehicle was ok,needed to remove from your person keeping it concealed moving it to a concealed bag when leaving vehicle. .

Re: Carrying in a Vehicle [Re: SenkoSamurai] #7585252 08/21/19 10:46 AM
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The second answer was for David Davidson who asked about a gun in a door pocket, not directed at your first question. Sorry if there was some confusion. I think in court, the State would have a hard time arguing that a gun you could not see in a gun case was not concealed. People carry all sorts of things in gun cases as well as empty gun cases. An Officer may think theres a weapon in a gun case, and may even ask, but in my opinion that would be carrying concealed. In my 20 years experience, if you cant see the gun, it is concealed. Be it in a case, under a seat, in a glove box, on your side, etc. Id agree with the rest of what you said in the above post about not carrying on your person except to your destination/residence.


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