Confused About Gun Carry In Vehicle....

[UtopiaTx]

I do not have a concealed gun permit but understand that I can now legally carry a concealed weapon in my vehicle in Texas. I only do this to carry guns between my house and weekend place where I target shoot and occassionally hunt. My question is this....Even if someone is legally allowed to carry a concealed weapon in their vehicle would it be legal if they pulled it out of the vehicle in public and used it in a situation to protect the life of another? Or would they be SOL legally? I have never had any intention of brandishing a weapon out in public but wonder what the consequences would be if a dangerous situation arose. I have always been leary of the legal system since I am not educated in the many different ways laws can be interpretted. Thanks.....

[LittleGun]

My CHL instructor said that Texans can carry a handgun in the car, from one point to another, if there is a legitimate reason for doing so. For example, if you are taking your gun to the range for shooting, that's a legitimate reason. If your boss at work lets you carry in the office, then it is legitimate for you to put your gun in your car and take it from office to home, or from home to office. If you are going to a gun show to buy accessories for you gun, it is legitimate to take your gun to the gun show. But you can't drive around all day running errands with a gun in your car. That's how I remember the reasoning I don't know the consequences of a self defense situation in those kinds of cases?

[mac79912]

I used mine to stop a guy from stabbing a woman about two weeks ago.I did not have to fire as the guy complied with my order to get on the ground.The officers who responded just got my info and my statement.You have the right to protect others from bodily harm.You cannot shoot someone over a beer run or something petty.It has to be a felony and you can only shoot if you feel your life or the life of someone else is in danger.Be prepared for a big investigation if you do shoot someone.When I worked security I shot someone who shot at me first and I got treated like a criminal.I was cuffed and thrown in the back of a squad car until a crimes against persons unit arrived with a ballistic team to investigate the incident.Luckily I had plenty of witnesses and camera footage to show the grand jury, which dismissed the case as a justified shooting.The guys family tried to sue me but the court ruled against them especially when the jury found out that the guy was wanted for murder in Mexico and was in the U.S.A. illegally when I shot him.He was shooting at his girlfriend in the parking lot of a movie theater and luckily his stray bullets did not kill anyone as the place was packed.BE CAREFUL this event changed my life and I was scared that I was going to go to jail for defending some else.But I would do it again in a heartbeat if it meant saving an innocent persons life.

[Kerbouchard]

As of Sept 2007, any Texan can carry a loaded, concealed weapon in his vehicle as long as he is 1) eligible to own a handgun 2) not part of a criminal street gang 3) not committing any crime other than a class c misdemeanor.

As far as taking your legally owned and concealed handgun and using it in public, well, there isn't any specific regulations on it, and to my knowledge there is not much case law.

As always, be very, very careful about interfering in any situation that you did not see develop. It is not always clear who may have started something, and who might be the BG. In cases where it is painfully obvious who the BG is, i.e. the woman throwing her kids off the bridge...This is Texas. It's not California. We do not prosecute good shoots(in most counties). As always, a DA with a political agenda can do just about whatever he wants and having a CHL, or not, is not going to change that much.

FWIW, if you were legally justified in using lethal force to protect yourself or a third party, I, personally, do not believe you would be prosecuted for unlawful carry because you would not be carrying, you would be using.

The use of force statutes give you justification for using your weapon if you are justified. The car carry law gives you the ability to have access to the weapon. I believe they would be treated as two separate circumstances, and neither one would be a crime because it was concealed until you had to use it, and when you were using it you were acting under a different set of statutes.

Just my .02. YMMV

[Sig_Fiend]

This thread has everything you need to know about the specific Texas state code allowing basically anyone that can legally own a gun, to keep a handgun in their car for defense:

Texas Gun Laws


As for the question of taking it out to defend someone else, honestly I think that is a question best left for a lawyer. I honestly don't think I would base my knowledge of a subject like that off of opinions on the internet. There are far too many legal issues that could arise in such a situation to trust internet talk to guide you to the right decision.

[carneyman]

I think if it was a life and death situation, it would just come down to what you think you should do, and screw the consequences. Is saving someones life worth going to jail? Depends on the person, but probably, at least for me. It would be better to not go to jail, but that is better than the alternative!

[Steven]

Your putting yourself in a very percarious situation, if you do not have a CHL. You have the right to own a gun and carry it in your car, however It cannot be within reach. It is my understanding as well, that you are only allowed to transport your gun to and from a range or a gun show.
Again, you are putting yourself at certain risk without a CHL.

[woulf]

Conceal carry in a vehicle without CHL is now legal. The pistol can be loaded but must be concealed. There is no "traveling" provisions anymore, and some DA's will try to prosecute anyway (D/FW) . A local officer was talking to me about that just a few weeks ago, while we were discussing options for my GF who hasn't recieved her CHL yet.

[juwaba98]

Please read up on the law for yourself. As you can see there are people giving responses based on what they think is the law. This is not the way to educate yourself. Google "Texas Gun Laws" if you do not want to follow the links provided here in this forum.

Now for the way I read the laws:

You can carry in the vehicle at any given time if you are legal to own a handgun. The only provision is that it must be concealed. You are considered unlawfully carrying if you have it in the vehicle during the commission of a crime or are a known gang member (which hopefully means you cannot legally own one). You are allowed to have it loaded including chambered/ready to fire. AND it is allowed to be within reach as long as it remains concealed. Under the new laws you are allowed to defend your person and vehicle just the same as if you were at home. The defense of another isn't all that clear to me but the use of the firearm in defense of you and your property is clearly allowed according to the law.

On a side note here in Texas there tends to be an expectation of helping others in need and usually will not result in prosecution, BUT using a handgun w/o your CHL in the defense of another appears to me to be a grayish area.

** I am not making any reccomendations except to study the law yourself and make your own educated decision. If you do not trust your ability to interpret the law then please consult legal counsel. The internet is full of experts and know it alls who are wrong on a daily basis.**

[50calRay]

Personaly, I leave questions like this up to my lawyer. I will say you shyould use some common sense, I mean don't go branishing a firearm simply because someone is doing a Gas or Beer run. Deadly force sould be reserved for situtations that called for it...like a life or death situtation.


On a side note, I have yet to get my CHL my figure print cards got messed up. Anyhow, I've been staying in Tucson Az for two months and just got back this Tuesday. I kept my .38 spl in the center consol the whole time...it's legal in Arizona to conceal or leave a firearm on the seat as long as it's holstered. Anyhow, on my way back to Texas I got pulled over for speeding outside of Van Horn. I interrupted the officer's opening statment to draw attention to the fact I was armed. He asked if I had a CHL and I replied no, I'm just traveling. You could clearly see I was traveling looking at the shit piled up in the back seat and the county I lived in. The officer didn't say another word about it. He came back and gave me a warning ticket and off I went.