Texas "Castle Law" (ennacted 2007)

Texas "Castle Law" (ennacted 2007)

This is a discussion on Texas "Castle Law" (ennacted 2007) within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Greetings gentlemen, I am a new forum member from Texas. I have a question that no one in Houston, Austin or local police on the ...

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Thread: Texas "Castle Law" (ennacted 2007)

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    New Member Array buttercups's Avatar
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    Texas "Castle Law" (ennacted 2007)

    Greetings gentlemen,

    I am a new forum member from Texas. I have a question that no one in Houston, Austin or local police on the phone can answer (which is the reason I have just joined your forum).

    My apologies if this question has been answered before.

    I am a female gunowner, living in Sugar Land, Texas. I just found out that Gov. Perry signed into law something called the "Texas Castle Law" which I beleive states that citizens do not need a CHL in order to have a concealed firearm in a vehicle to and from work. I have spoken with several Houston Police officers about this law and each officer told me something different.

    Q: Can a Texas citizen carry a concealed weapon in their vehicle WITHOUT a concealed license?


    Thank you.

    Mary


  2. #2
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    Yes, but the instant you step out of your car with your gun in your possession you are illegal.

    The exceptions might be if you are going directly to your place of business, home, or a range.

    This question has nothing to do with Castle Doctrine. I would urge you to get a CHL if at all possible to do
    so. You need to learn about the TX CHL law, and the CHL would give you much more ability to legally
    carry that gun with you.

    Think of it this way. Anyone can go and buy a gun and take it directly to their home and keep it in their home.
    The law allows that the car is like the home; a special place where you don't need a license. However, once you
    leave either venue with the gun in your possession you may not be legal--- it all depends.

    Best way to avoid confusion and maybe lots of inconvenience and expense is to get the license.

    It isn't hard to get a license. It is a tad inconvenient, time consuming, and costs some money, but it is
    not hard. The course is worth the time and cost. And once you have your license you are good to go
    in many other states as well-- not all, but many.
    sanfordreed likes this.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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    New Member Array buttercups's Avatar
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    Hopyard,

    Thank you.

    I cannot afford the cost of a concealed license right now. That would save me a ton of money (I dont have) and until I can get my CHL license, carrying it in the glove compartment is a stopgap; I am at least protected in my vehicle until I get my license. It upsets me that I have to pay for my rights in this regard.

    I am also amazed at the number of police officers here in Houston who have told me that they know *nothing* about this law and if they see a concealed weapon (without a CHL) they will make an arrest. I dont know what the court dockets show, but I would like to know if this is the case here in Harris County, which is extremely liberal.

    Thanks so much for your quick response!!!

    Mary

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    Ex Member Array barstoolguru's Avatar
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    Yes the castle doctrine in Texas that covers you in your home extends to your car but it’s not that easy and that is what the other poster is saying. In order to use deadly force certain conditions have to be met and if they are not you could be the one that gets locked up. To carry a gun (even in your car) is a lot of responsibility and it falls on you to understand the laws that allow you to do it in the first place

    A place to start is Texas pc ss 9.01
    Texas Penal Code - Section 9.01. Definitions - Texas Attorney Resources - Texas Laws
    1MoreGoodGuy and sanfordreed like this.

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    VIP Member Array mcp1810's Avatar
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    In 2007 they did away "while traveling" exemption because some people like the previous Harris county DA were instructing cops to just lock up everyone without a CHL and let a jury decide if they were traveling.
    Now it basically if you are not a prohibited person or committing a crime at that time you can have a handgun in your car.
    Infowars- Proving David Hannum right on a daily basis

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    Member Array charles1951's Avatar
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    If you carry a gun in your car, it must remain concealed; with or with out a license. It may not help you deal with the police but if I was going to routinely carry a gun in my car without a license I think I would have a copy of the following document with me and highlight the area about unlicensed carry in a car.

    http://www.txdps.state.tx.us/interne...rms/chl-16.pdf

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    New Member Array buttercups's Avatar
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    Thanks to everyone who responded.

    RE: Harris County LE officers. I have asked many HPD officers the answer I get is exactly that, "if we find a weapon in your car, we will arrest you and let the courts decide." I find that fascist, but the liberals here in Harris County are decidedly anti-gun/anti-2A. Even the deputies, city police, constables, etc. One HPD officer told me that "firearms should NEVER belong in the hands of the citizenry. Your only going to get in trouble." This is the opinion of many Texas law enforcement....

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    VIP Member Array mcp1810's Avatar
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    You and I must be running into different people! All of the LEOs I have run across have been very pro carry.
    Infowars- Proving David Hannum right on a daily basis

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    I don't live in or near Harris county. There was a time when they (their DA) openly defied the car carry laws.
    Maybe the folks you run into are hold outs or folks who never got the message.

    In any case, this "confusion" is why you need a CHL. Without it they will do as they please; which can sometimes happen
    even if you have it. I've heard of some weird stuff in the past like arresting a CHL holder for not informing, even though they
    were unarmed and had no duty to inform. In short, it is best to have it all in the best possible order you can, as a means
    of protecting yourself from overzealous enforcement and ignorance.

    There is another issue. I don't recall it being discussed here, but the law is very specific about the vehicle having to be owned
    or in control of the person in possession. It has always seemed to me ambiguous, but possible, that if the gun is in the
    glove compartment the passenger might be charged. I don't know if that has ever happened in TX, but I know it has happened
    in other states.

    With a CHL you can just keep it on your person (safest place) and that eliminates any possible concern about your passengers.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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    VIP Member Array varob's Avatar
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    Here's were you need to decide if having a gun in you car is a good idea? You say you don't have the money to get a CHL right now. And the HPD officers you've spoke with say they will lock you up if they catch you with a gun in your car.

    If you get arrested, it's going to cost you at least 1k to defend yourself.

    What's more likely to happen, you'll need a gun to defend yourself or you'll get locked up for having it?

    Taking a gun out of your house sounds like a risky move. Weigh your decisions carefully.
    Hopyard likes this.
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    Ex Member Array Yoda's Avatar
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    The cost a CHL overall is under $400 (not including gun), while that is a pretty penny for some people it is definitely worth it. Some people pay that for a pair of shoes.

    Outside of the liberal anti gun areas I think Texas LEO'S are significantly pro gun.


    Sent from my iPhone using Tapatalk

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    Member Array TxRhino's Avatar
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    Pretty much all the basics have been covered but this is what I was told in my CHL class 2 months ago.

    With our without a CHL you can legally carry a ready to fire weapon, concealed, from your home directly to your car. Keep it ready to fire and concealed almost anywhere you drive in Texas. And assuming your place of business allows you to have a weapon you can carry it concealed from your car to your business. With our without a license your business may not allow this, and may not even allow it on their premises(i.e. parking lot)so you need to check with the

    There are many many police officers that do not know the updated laws, so I would memorize the name of the law that allows you to carry your gun. This way if they start cuffing you or trying to take your weapon you can tell them to check with the station to verify the law. It may not stop them from harassing you but it could help.

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    Senior Member Array JJVP's Avatar
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    Quote Originally Posted by buttercups View Post
    Greetings gentlemen,I am a new forum member from Texas. I have a question that no one in Houston, Austin or local police on the phone can answer (which is the reason I have just joined your forum). My apologies if this question has been answered before.I am a female gunowner, living in Sugar Land, Texas. I just found out that Gov. Perry signed into law something called the "Texas Castle Law" which I beleive states that citizens do not need a CHL in order to have a concealed firearm in a vehicle to and from work. I have spoken with several Houston Police officers about this law and each officer told me something different. Q: Can a Texas citizen carry a concealed weapon in their vehicle WITHOUT a concealed license?Thank you.Mary
    Yes, you can carry a gun in your car, loaded and ready to go, on or about your person as long as it is concealed and you are not a gang mamber, not engaged in criminal activity and are not prohibited by law from having a gun. The section that you want to look at is section 46.02. By the way, it is not the Castle doctrine, but the Motorist Protection Act. (MPA). Last year they ammended the section to include watercraft. Rad the CHL-16 form below, especially section 46.02.If you want more details on CHL and gun laws in TX, I would recommend the following TX CHL forum.

    http://www.texaschlforum.com

    http://www.txdps.state.tx.us/interne...rms/chl-16.pdf
    RiverCity.45 and wsquared like this.

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    Member Array RiverCity.45's Avatar
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    Glad someone stepped in to clarify that it is MPA that allows this, not Castle Doctrine. That may account for some of the confused LE responses. It is also true that police are not always a reliable source fot asking questions about gun laws.
    --------------------
    "Nothing is so dangerous as an idea, when it is the only one you have." -- Emile Chartier

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    New Member Array Tundra03's Avatar
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    Canceal Carry

    there is one thing that I didn't read about carrying your pistol in your car. everyone is saying yes it has to be cancealed in your car in order to have it in there, but DO NOT canceal it on yourself while driving. That is a big NO NO if you dont have a license to carry.





    Quote Originally Posted by buttercups View Post
    Thanks to everyone who responded.

    RE: Harris County LE officers. I have asked many HPD officers the answer I get is exactly that, "if we find a weapon in your car, we will arrest you and let the courts decide." I find that fascist, but the liberals here in Harris County are decidedly anti-gun/anti-2A. Even the deputies, city police, constables, etc. One HPD officer told me that "firearms should NEVER belong in the hands of the citizenry. Your only going to get in trouble." This is the opinion of many Texas law enforcement....

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