Firearms in your Vehicle, Question !!!

This is a discussion on Firearms in your Vehicle, Question !!! within the General Firearm Discussion forums, part of the Related Topics category; Good morning to all, As I wait to get my CCW here in TX, I have one simple question (I have looked all over, but ...

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Thread: Firearms in your Vehicle, Question !!!

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    Member Array JDM1967's Avatar
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    Firearms in your Vehicle, Question !!!

    Good morning to all,

    As I wait to get my CCW here in TX, I have one simple question (I have looked all over, but the definitions are pretty much (CONFUSING)

    I am a law abiding citizen, however a couple of things have happened, that I now feel I must carry to protect my family and myself. Is it true that I can have a weapon in my vehicle without a license? if so, what must I do and always keep in mind as to not get into trouble with the law if I ever get stopped, please put it as black and white as possible, thank you !

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    VIP Member Array Stevew's Avatar
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    Go to Handgunlaws.us Pretty good website. Should have all the information you want.
    Good people do not need laws to tell them to act responsibly, while bad people will find a way around laws. Plato

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    Member Array ccwguy's Avatar
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    That is going to vary from state to state. As mentioned, Handgunlaw.us is a good place to look. I don't know about Texas, but in Ohio, a CHL is required for a loaded handgun in a vehicle.

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    Distinguished Member Array C9H13NO3's Avatar
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    In TX we can carry loaded in our vehicles without a permit. You'll have to leave it in your vehicle though whenever you stop somewhere, so I'd get a COM vehicle safe if you choose to go that route.
    -Ryan

    All that is necessary for the triumph of evil is that good men do nothing.

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    Member Array JDM1967's Avatar
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    Thank you guys, I really appreciate that, I'm still debating as to what to get, but I have 2 that I am looking at (used and more or less my max limit on spending)
    a Ruger SR9 with extra clips for $350
    and just came up a Taurus PT92 for $375 with 4 extra mags (might be $30 or $40 less.
    I really do not need to carry on me 24 hrs a day, but when I am in my car with my family, I need to feel that my family and I are protected in someway.

    Also if you do get pulled over do you need to tell the police officer or what would you present to him?

  7. #6
    Distinguished Member Array C9H13NO3's Avatar
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    Here's a little info:

    Title 10 . Section 1
    Section 46.02
    (a) A person commits an offense if the person [he] 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
    You can conceal it from your home to your car without a license. You may carry it in your car, but it must not be in plain sight, and obviously you have to be allowed to posses it and not be in a gang or committing a crime.


    In TX, you must inform an officer that you have a weapon in your vehicle or on your person during a traffic stop, licensed or unlicensed.
    -Ryan

    All that is necessary for the triumph of evil is that good men do nothing.

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    Member Array JDM1967's Avatar
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    Quote Originally Posted by C9H13NO3 View Post
    Here's a little info:



    You can conceal it from your home to your car without a license. You may carry it in your car, but it must not be in plain sight, and obviously you have to be allowed to posses it and not be in a gang or committing a crime.


    In TX, you must inform an officer that you have a weapon in your vehicle or on your person during a traffic stop, licensed or unlicensed.

    Thanks Ryan, I appreciate that, there are so many rules and regs, that it was getting confusing ,.
    Also no I am not a gang banger, or a criminal (unless stealing my wive's heart count !!! )
    Thanks !!!

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    While we all know the purpose of the law, the wording leaves me a little uncomfortable and unless you have a true emergency issue I'd wait for the license.

    Here's what bothers me-- we'll get opposing views-- but I don't know if there is case law to back them up.

    "A person commits an offense if the person [he] 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;"

    OK-- Suppose you have a gun in the car and your wife, cousin, whoever is in the car with you. They might not be persons who own the car. E.g., both our cars are titled in my name not my wife's. Could my wife claim ownership based on "community property laws in our state" for purpose of this statute? Do you have to be the driver to claim "control?"

    Any other person in the car would have no claim to ownership or control and should not be put in a situation where they could have access to the gun, e.g., the center console, a glove compartment, a holster perched between two seats. This would be true even if you have a CHL.

    The law could be interpreted to mean that only the titled owner can have a gun in the car, and that folks other than the driver can not have access to it, as they would if it were in the center console. E.g., if you have a co-worker in the car, he isn't the owner and isn't in control, but if the gun is accessible to him he could find himself in a world of hurt.

    For this reason, I am extremely cautious about this particular issue. Of course, in my case I have the CHL, and my practice is to keep the gun on my body both as a safety matter and to avoid any problems that could befall my wife or other passengers by way of an LE, DA, or judge who would choose to interpret the law in an extremely narrow way.

    I think that in 99.9% of encounters this will not be an issue, but there is always one LE out there somewhere or one DA out there, looking to push a point.

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    More confusion

    Quote Originally Posted by C9H13NO3 View Post
    Here's a little info:

    In TX, you must inform an officer that you have a weapon in your vehicle or on your person during a traffic stop, licensed or unlicensed.
    There has been more than a little discussion here about this. My understanding is that there has been no requirement to inform for non license holders. Peculiarly, license holders have a requirement to inform but there is (now) no penalty for failing to inform. CRAZY, but that is what our legislature gave us.

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    Member Array JDM1967's Avatar
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    Lightbulb

    Quote Originally Posted by Hopyard View Post
    While we all know the purpose of the law, the wording leaves me a little uncomfortable and unless you have a true emergency issue I'd wait for the license.

    Here's what bothers me-- we'll get opposing views-- but I don't know if there is case law to back them up.

    "A person commits an offense if the person [he] 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;"

    OK-- Suppose you have a gun in the car and your wife, cousin, whoever is in the car with you. They might not be persons who own the car (both our cars are titled in my name not my wife's*, any other adult in the car would have no claim to ownership or control), and it isn't entirely clear "what under the person's control" truly means.

    The law could be interpreted to mean that only the titled owner can have a gun in the car, and that folks other than the driver can not have access to it, as they would if it were in the center console. E.g., if you have a co-worker in the car, he isn't the owner and isn't in control, but if the gun is accessible to him he could find himself in a world of hurt.

    For this reason, I am extremely cautious about this particular issue. Of course, in my case I have the CHL, and my practice is to keep the gun on my body both as a safety matter and to avoid any problems that could befall my wife by way of an LE, DA, or judge who would choose to interpret the law in an extremely narrow way.



    I think that in 99.9% of encounters this will not be an issue, but there is always one LE out there somewhere or one DA out there, looking to push a point.
    I have though the exact same way as you. Specially your last sentence

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    Distinguished Member Array C9H13NO3's Avatar
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    Hopyard, is your wife on the registration? I believe they would go with the registered owners over just the titled owner. I agree, it can be a little confusing.

    Also, the section you should be looking at is
    (a) A person commits an offense if the person [he] intentionally, knowingly, or recklessly carries on or
    about his or her person a handgun, illegal knife, or club if the person is not:
    (2) inside of or directly en route to a motor vehicle that is owned by the person or under the
    person's control.

    If I try to put it into laymans terms and ignoring the parts irrelevant to our situation instead of legalese, I think it would look like this:

    It is a crime to carry a handgun if you are not inside or on the way to a vehicle that is not owned by you or [under your control].

    To me, this means you can carry to your own vehicle definitely, and inside of it, regardless of who is with you. The part that says "or under the person's control" confuses me. Does this mean I can carry in any car that I am the driver of? If I'm borrowing a car? Renting a car makes you a temporary "owner" so I'm pretty sure that's legal.

    I don't think the question revolves around who is with you, but what other vehicles can you carry in?
    -Ryan

    All that is necessary for the triumph of evil is that good men do nothing.

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    VIP Member Array SIGguy229's Avatar
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    why not get a permit? How do you know you will only need it in your vehicle and your home and nowhere else?

    Domething else to think about: a firearm is not a talisman against bad guys. I recommend you seek out training beyond the minimum what is required for the permit. I recommend the same thing for your wife...How does she feel about getting a gun for the car/home?
    Magazine <> clip - know the difference

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    I checked with my cop and trooper amigos here in Texas a while back. Without a permit, you can carry in your car as long as it's not within arms reach of the driver.
    This is within city limits It must be concealed. This is from the CC class.

    In reality the city/municipal police can get on you if they feel like it. It's up to how they feel about you.
    So know the written law is not solid when in the streets, but after you have the permit it's different.
    So don't go telling them you have something unless they get nosy and want to start searching your auto. Then, of course, you sound spit it right out.

    On the the highway a trooper is ready for you to be armed so they wont give you so much fuss. In fact you can carry a firearm as close as between your passenger's and driver's seat while out on the road.

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    Member Array JDM1967's Avatar
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    Quote Originally Posted by SIGguy229 View Post
    why not get a permit? How do you know you will only need it in your vehicle and your home and nowhere else?

    Domething else to think about: a firearm is not a talisman against bad guys. I recommend you seek out training beyond the minimum what is required for the permit. I recommend the same thing for your wife...How does she feel about getting a gun for the car/home?
    I am, this is just a question as to what can I do before the process completes

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    Ex Member Array NavyLT's Avatar
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    Quote Originally Posted by i10casual View Post
    I checked with my cop and trooper amigos here in Texas a while back. Without a permit, you can carry in your car as long as it's not within arms reach of the driver.
    This is within city limits It must be concealed. This is from the CC class.
    Too bad there isn't anything in Texas statutes that backs that statement up. Might want to actually read the statutes posted above:

    (a) A person commits an offense if the person [he] intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
    (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

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