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Carrying in a Vehicle
#7580178
08/14/19 10:25 PM
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Joined: Jul 2018
Posts: 548
SenkoSamurai
OP
Tracker
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OP
Tracker
Joined: Jul 2018
Posts: 548 |
I’m sure this is on the forum elsewhere, but can you have handgun OUT of plain sight, WITHOUT a CHL in Texas legally?
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Re: Carrying in a Vehicle
[Re: SenkoSamurai]
#7580194
08/14/19 10:40 PM
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Joined: Feb 2010
Posts: 11,658
GusWayne
THF Celebrity
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THF Celebrity
Joined: Feb 2010
Posts: 11,658 |
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Re: Carrying in a Vehicle
[Re: SenkoSamurai]
#7580239
08/14/19 11:53 PM
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Joined: Feb 2015
Posts: 5,585
hetman
"Trash Master"
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"Trash Master"
Joined: Feb 2015
Posts: 5,585 |
"Lesser mortals are pitied for the misfortune in not being born Texan."
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Re: Carrying in a Vehicle
[Re: SenkoSamurai]
#7580241
08/14/19 11:54 PM
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Joined: Aug 2011
Posts: 6,179
Tactical Cowboy
THF Trophy Hunter
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THF Trophy Hunter
Joined: Aug 2011
Posts: 6,179 |
The secret to a long life is to try not to shorten it.
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Re: Carrying in a Vehicle
[Re: SenkoSamurai]
#7580406
08/15/19 03:16 AM
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Joined: Dec 2008
Posts: 41,173
J.G.
THF Celebrity
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THF Celebrity
Joined: Dec 2008
Posts: 41,173 |
800 Yard Steel Range Precision Rifle Instruction Memberships and Classes Available
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Re: Carrying in a Vehicle
[Re: SenkoSamurai]
#7580416
08/15/19 03:59 AM
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Joined: Oct 2004
Posts: 39,549
redchevy
THF Celebrity
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THF Celebrity
Joined: Oct 2004
Posts: 39,549 |
Sure as long as your not a felon
It's hell eatin em live
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Re: Carrying in a Vehicle
[Re: redchevy]
#7580426
08/15/19 04:47 AM
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Joined: Aug 2012
Posts: 3,993
ImTheReasonDovesMourn
Snarky Mark
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Snarky Mark
Joined: Aug 2012
Posts: 3,993 |
Sure as long as your not a felon Or illegal immigrant.
Haha yea I polished that thing for hours.
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Re: Carrying in a Vehicle
[Re: ImTheReasonDovesMourn]
#7580461
08/15/19 10:51 AM
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Joined: Jan 2016
Posts: 7,759
snake oil
THF Trophy Hunter
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THF Trophy Hunter
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Posts: 7,759 |
Sure as long as your not a felon Or illegal immigrant. I thought they could get away with most anything !
"You may all go to hell and I will go to Texas".
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Re: Carrying in a Vehicle
[Re: snake oil]
#7580572
08/15/19 01:31 PM
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Joined: Jun 2009
Posts: 4,200
Korean Redneck
Extreme Tracker
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Extreme Tracker
Joined: Jun 2009
Posts: 4,200 |
Sure as long as your not a felon Or illegal immigrant. I thought they could get away with most anything ! haha, nicely done.
I'm a dude who likes long barrels!
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Re: Carrying in a Vehicle
[Re: snake oil]
#7580586
08/15/19 01:41 PM
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Joined: Jan 2011
Posts: 65,526
SnakeWrangler
THF Celebrity
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Joined: Jan 2011
Posts: 65,526 |
Sure as long as your not a felon Or illegal immigrant. I thought they could get away with most anything ! Yup...our laws only pertain to us citizens...they are beyond the law
I believe in science and I’m an insufferable [censored] Actually, BBC is pretty damn good "You Cannot Simultaneously Be Politically Correct And Intellectually Honest!"
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Re: Carrying in a Vehicle
[Re: SenkoSamurai]
#7581845
08/16/19 11:05 PM
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Joined: Aug 2019
Posts: 16
hank000
Light Foot
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Light Foot
Joined: Aug 2019
Posts: 16 |
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.
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Re: Carrying in a Vehicle
[Re: hank000]
#7582082
08/17/19 03:42 AM
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Joined: Aug 2011
Posts: 6,179
Tactical Cowboy
THF Trophy Hunter
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THF Trophy Hunter
Joined: Aug 2011
Posts: 6,179 |
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?
The secret to a long life is to try not to shorten it.
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Re: Carrying in a Vehicle
[Re: SenkoSamurai]
#7582296
08/17/19 05:30 PM
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Joined: Mar 2010
Posts: 12,200
ntxtrapper
THF Celebrity
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THF Celebrity
Joined: Mar 2010
Posts: 12,200 |
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.
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Re: Carrying in a Vehicle
[Re: SenkoSamurai]
#7584146
08/19/19 11:27 PM
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Joined: Feb 2018
Posts: 855
FWFish
Tracker
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Tracker
Joined: Feb 2018
Posts: 855 |
Yes, as long as you can legally own said firearm.
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Re: Carrying in a Vehicle
[Re: SenkoSamurai]
#7584386
08/20/19 10:47 AM
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Joined: Dec 2013
Posts: 240
WendlingKnives
Woodsman
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Woodsman
Joined: Dec 2013
Posts: 240 |
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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Joined: Nov 2013
Posts: 6,113
soooo
THF Trophy Hunter
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THF Trophy Hunter
Joined: Nov 2013
Posts: 6,113 |
What about a motorcycle ? I suppose saddlebags would qualify or some other non obvious mode of carry.
Just never heard of that issue addressed .
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Re: Carrying in a Vehicle
[Re: WendlingKnives]
#7584681
08/20/19 04:45 PM
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Joined: Sep 2016
Posts: 680
fmrmbmlm
Tracker
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Tracker
Joined: Sep 2016
Posts: 680 |
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.
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Re: Carrying in a Vehicle
[Re: fmrmbmlm]
#7584876
08/20/19 09:02 PM
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Joined: Dec 2013
Posts: 240
WendlingKnives
Woodsman
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Woodsman
Joined: Dec 2013
Posts: 240 |
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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Joined: Jun 2006
Posts: 8,336
Dave Davidson
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jun 2006
Posts: 8,336 |
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?
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: Carrying in a Vehicle
[Re: WendlingKnives]
#7584959
08/20/19 10:45 PM
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Joined: Sep 2016
Posts: 680
fmrmbmlm
Tracker
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Tracker
Joined: Sep 2016
Posts: 680 |
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..
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Re: Carrying in a Vehicle
[Re: SenkoSamurai]
#7584967
08/20/19 10:47 PM
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Joined: Dec 2013
Posts: 240
WendlingKnives
Woodsman
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Woodsman
Joined: Dec 2013
Posts: 240 |
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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Joined: Sep 2016
Posts: 680
fmrmbmlm
Tracker
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Tracker
Joined: Sep 2016
Posts: 680 |
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. .
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Re: Carrying in a Vehicle
[Re: SenkoSamurai]
#7585252
08/21/19 10:46 AM
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Joined: Dec 2013
Posts: 240
WendlingKnives
Woodsman
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Woodsman
Joined: Dec 2013
Posts: 240 |
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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