Need Texas Law Interpretation

Need Texas Law Interpretation

This is a discussion on Need Texas Law Interpretation within the General Firearm Discussion forums, part of the Related Topics category; I have the Texas laws; I know where to access the current regulations. Looking for a resource to answer simple questions in plain language about ...

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  1. #1
    Member Array DaveInTexas's Avatar
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    Need Texas Law Interpretation

    I have the Texas laws; I know where to access the current regulations.

    Looking for a resource to answer simple questions in plain language about Texas gun laws, especially CHL rules.

    If anyone wants to bite, here are some of the questions.
    Bonus points for case law or citing how the regulations support your answer.

    -does it say in the regs that you CAN carry concealed in the vehicle, or does it only give restrictions?

    -is there civil law (case law, I suppose) supporting the statement that if someone steals your gun (a.properly stored and b. not properly stored) then you are liable for the damage it may cause? Not the kid protection laws....if a BG steals your gun from a locked box, is there law to support or refute the statement?
    (while on that topic, so many believe this I know folks who immediately report guns stolen, right after they purchase them. No need to warn me of the hazard of doing this.)

    -is a gun securely stored if it is out of sight and in a locked vehicle? Or does it need to be in a locked box to be considered securely stored?

    -someone is saying the regs changed recently and anyone can have a loaded, accessible firearm in the car CHL or no.


  2. #2
    Senior Member Array mr surveyor's Avatar
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    Dave...go to the Texas DPS web site and download the current CHL handbook, if you haven't already. Laws only tell you what you CAN'T do....not what you can. As for securing a firearm, I believe covering a gun with a rag inside a LOCKED vehicle is more than sufficient for meeting any requirement of "securing a firearm", but that's just my non-lawyer interpretation of the law. Forced entry into a vehicle is still forced entry. And, as for carrying in one's vehicle, you need to do a quick search for the Texas Motorist Protection Act... you will find all the answers to your questions concerning non-CHL carry of a handgun in your vehicle in Texas.


    surv

  3. #3
    Member Array kdydak's Avatar
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    In texas you can carry a handgun in your car without CHL as long as the following is not the case (i.e. handgun cannot be in the plain view):

    (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.

    TexasCHLforum.com • View topic - HB 1815 bill analysis


    Section 46.02, Penal Code, is amended by
    amending Subsection (a) and adding Subsections (a-1) and (a-2) to
    read as follows:
    (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.

  4. #4
    Member Array DaveInTexas's Avatar
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    Thanks!

  5. #5
    VIP Member Array farronwolf's Avatar
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    In 2007 the laws changed to allow car carry as shown by the statute 46.02 that kdydak posted.

    I don't have cases to support it, but why would you be liable if someone broke into your home or car and stole your gun. If they stole your kitchen knives or your tire tool and then commited a crime with them are you liable as well? No.

    IMO, if it is locked inside of anything that requires illegal entry by burglary that ain't your problem.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
    www.ddchl.com
    Texas CHL Instructor
    Texas Hunter Education Instructor
    NRA Instructor

  6. #6
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    Array OldVet's Avatar
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    Quote Originally Posted by mr surveyor View Post
    Laws only tell you what you CAN'T do....not what you can.
    surv
    That pretty much agrees with my military experience. If there's not a reg saying you can't, then you can.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  7. #7
    Member Array DaveInTexas's Avatar
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    Here's a nitpick for you legal heads:
    So it is illegal for a CHL holder to Not Conceal their weapon.
    Now let's say you need the weapon to defend yourself. So you pull it out. Now it is no longer concealed.
    Is there a law that says, "Permit holder may unconceal their weapon under the following circumstances"? I have not seen it.
    If not, then theoretically you would be in violation everytime someone had to use it.

  8. #8
    Member Array jedwil's Avatar
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    Quote Originally Posted by DaveInTexas View Post
    Here's a nitpick for you legal heads:
    So it is illegal for a CHL holder to Not Conceal their weapon.
    Now let's say you need the weapon to defend yourself. So you pull it out. Now it is no longer concealed.
    Is there a law that says, "Permit holder may unconceal their weapon under the following circumstances"? I have not seen it.
    If not, then theoretically you would be in violation everytime someone had to use it.
    Well, I'm no legal head. You must conceal in Texas when you carry. You are allowed to use your weapon when appropriately threatened. Your weapon would most likely be unconcealed to some extent when used appropriately responding to some grave threat. I think in most Texas jurisdictions you would be ok. Might avoid Austin and Carrollton, tho. But again, IMNAL.

  9. #9
    Member Array DaveInTexas's Avatar
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    Im thinking there is no provision to 'not conceal' (to reveal) when it is 'in use' but most DAs would not prosecute the reverse loophole in the law.

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