Car carry in OK, TX, NM-without CC permit.

Car carry in OK, TX, NM-without CC permit.

This is a discussion on Car carry in OK, TX, NM-without CC permit. within the Home (And Away From Home) Defense Discussion forums, part of the Related Topics category; My wife is taking a road trip and we both agreed it would be good for her to take the GLOCK 26 along. I've perused ...

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Thread: Car carry in OK, TX, NM-without CC permit.

  1. #1
    VIP Member Array joker1's Avatar
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    Car carry in OK, TX, NM-without CC permit.

    My wife is taking a road trip and we both agreed it would be good for her to take the GLOCK 26 along. I've perused the handgunlaw.us site and still have a few questions.

    1. Oklahoma-handgunlaw says this regarding car carry: Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded, at any time. For purposes of this section "open" means the firearm is transported in plain view, in a case designed for carrying firearms, which case is wholly or partially visible

    So what I gather is the pistol must be unloaded (no bullet in the chamber or magazine in the gun). But it sounds like they want you to have the pistol on a gun case which is at least partially visible. So does the gun case need to be in plain view open with the pistol laying there in slide lock, or unloaded pistol in case with case closed? Also where should the magazine be kept, with the pistol, away from the pistol?

    2. Texas-handgunlaw.us says this regarding car carry: Effective September 1, 2007 a person who can legally possess a firearm may possess or carry a handgun in motor vehicle (including a recreational vehicle with living quarters) that is owned by or under the lawful control of the person. However, the firearm must be concealed, the person may not be engaged in criminal activity, and also may not be a member of “Criminal Street Gang.” The person may also carry the firearm to and from his vehicle without a license. (See Texas Penal Code 46.02 (a).

    So it must be concealed in the car, I'm assuming glovebox or center console is fine, and can be carried to and from vehicle without a license. My question, can the pistol be loaded?

    3. New Mexico-handgunlaw.us says this regarding car carry: New Mexico has an extended domain law. Vehicles are considered an extension of your home, anything you can do in your home, you can do in a vehicle in New Mexico. NM is the only state that states you can only carry one firearm concealed on you with a Valid Permit/License. You can carry as many openly as you wish.
    From the Department of Public Safety FAQ.
    Q. I will be traveling through New Mexico in a private automobile, are there any laws that address the issue of having a gun in my automobile?
    A. New Mexico law allows a person to have a concealed loaded firearm in his/her vehicle (including motorcycles and bicycles). If you are not licensed to carry concealed in this State, you may not have the weapon concealed on your person when you exit your vehicle or motorcycle.

    My question here is, can the firearm be loaded?

    Any help is greatly appreciated, I may be being too thourogh but I want her to be safe and legal since I can't be there to CC.

    Thanks!
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    Member Array gruntingfrog's Avatar
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    I can answer on the Texas question.

    1. Yes, the gun can be loaded both in the car and in transport from the domicile to the car.

    2. It also must be concealed from "casual view". This means it can sit in the passenger seat under a newspaper or hat, or inside her purse (just make sure she leaves the gun in the car if she goes in a store or something), or inside the console/glove box, or anything else that will conceal it.

    Additionally, the Texas laws consider the automobile as an extension of the home and therefore included in the castle doctrine.
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    VIP Member Array paaiyan's Avatar
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    The OK law specifies it must be in a case, which is visible from the outside, in a gun rack, or in an exterior locked compartment like a trunk. Rifles and shotguns may be concealed behind a seat or elsewhere in the interior, provided it is not chambered or magazine/clip loaded.
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    Ex Member Array apvbguy's Avatar
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    a lot of the answer is dependent on if you or she has a concealed permit if not you/ she needs to be very careful in each state as the laws can vary greatly, if you/she has a permit to carry concealed and the state she is in honors it you/she shouldn't have any problems

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    VIP Member Array joker1's Avatar
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    Quote Originally Posted by paaiyan View Post
    The OK law specifies it must be in a case, which is visible from the outside, in a gun rack, or in an exterior locked compartment like a trunk. Rifles and shotguns may be concealed behind a seat or elsewhere in the interior, provided it is not chambered or magazine/clip loaded.
    So the unloaded pistol must be in a case (cheapy foam lined pistol box) which is to be closed. As far as visible from the outside are we talking up on the dash so anyone can see it or in say the passenger seat where an LEO will see it during a traffic stop?
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    VIP Member Array joker1's Avatar
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    Quote Originally Posted by apvbguy View Post
    a lot of the answer is dependent on if you or she has a concealed permit if not you/ she needs to be very careful in each state as the laws can vary greatly, if you/she has a permit to carry concealed and the state she is in honors it you/she shouldn't have any problems
    She does not have a permit (something I'm working on but she doesn't feel like she has the temperment) and I will be at home. Yes the plethora of laws is frustrating.
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    VIP Member Array Eagleks's Avatar
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    Joker, if she has a Kansas CC license, and an Arizona one, she's covered to carry concealed in all 3 of those states. The only reason for the Arizona license to be covered in New Mexico. She would be already covered in Okla and Texas with the Kansas license. Just a thought.
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    VIP Member Array joker1's Avatar
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    Eagle she does not have a permit. I know about the AZ permit, I plan on getting mine soon as we may take another trip out to NM later this summer. I wish I would be going with her but it's not in the cards right now.
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    VIP Member Array paaiyan's Avatar
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    Quote Originally Posted by joker1 View Post
    So the unloaded pistol must be in a case (cheapy foam lined pistol box) which is to be closed. As far as visible from the outside are we talking up on the dash so anyone can see it or in say the passenger seat where an LEO will see it during a traffic stop?
    Passenger seat is OK. Backseat of the car is OK. Basically if you get pulled over, you shouldn't have to reach somewhere the officer can't see.
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    VIP Member Array joker1's Avatar
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    Quote Originally Posted by paaiyan View Post
    Passenger seat is OK. Backseat of the car is OK. Basically if you get pulled over, you shouldn't have to reach somewhere the officer can't see.
    Thanks.
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    VIP Member Array joker1's Avatar
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    Quote Originally Posted by gruntingfrog View Post
    I can answer on the Texas question.

    1. Yes, the gun can be loaded both in the car and in transport from the domicile to the car.

    2. It also must be concealed from "casual view". This means it can sit in the passenger seat under a newspaper or hat, or inside her purse (just make sure she leaves the gun in the car if she goes in a store or something), or inside the console/glove box, or anything else that will conceal it.

    Additionally, the Texas laws consider the automobile as an extension of the home and therefore included in the castle doctrine.
    Thank You
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