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  1. #1
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    Post Carrying in Vehicle in Texas

    I have a questions about carring in my vehicle in Texas.

    Texas law allows me to carry a loaded pistol in my vehicle as long as it's concealed and I am TRAVELLING. I actually work in this vehicle during my entire work shift, so technically I am not travelling with a destination. I am a drive tester working the cell networks. Can I still legally carry in the vehicle.

    The second question I have is this. The vehicle in question is actually a rental. As I read the applicable statute, this is not permissable in property leased by the employer. But here's the thing, the rental is in my name, but paid by my employer. I'm kind of unsure where I stand on this.

  2. #2
    NUMBER 5 Younggun's Avatar
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    Re: Carrying in Vehicle in Texas

    Pretty sure you are fine legally as long as you are in control of the vehicle and meet the other general criteria(not a gang member, etc). However you are not protected from any company policy that says not to carry in their cars. You won't go to jail, but could get fired if your caught.
    "If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen." Samual Adams


    I LOVE MY COUNTRY AND MY STATE. IF YOU HAVE A PROBLEM WITH EITHER YOU ARE MORE THAN WELCOME TO GTFO

  3. #3
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    Re: Carrying in Vehicle in Texas

    Pretty sure the vehicle thing no longer requires TRAVELLING to or from home to specifically allowable destinations. If its concealed in the vehicle and NOT on your person (without CHL), I think you can go pretty much wherever (in Texas at least). Having said that, the leased vehicle paid for by your employer 'may' be considered an extension of your place of business and thus problematic... I'm sure someone more knowledgeable than I will come along and clarify that one.

  4. #4
    TGT Supporter itchin's Avatar
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    Re: Carrying in Vehicle in Texas

    Welcome to the forum. Sounds like a great job. Please pm me any info of openings, or how to get a foot in the door. I am in ne San Antonio.

  5. #5
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    Re: Carrying in Vehicle in Texas

    Thanks for the responses. I look forward to participating more..

    BTW, I have a S&W M&P 9 full size. Loving this gun, best polymer frame I've ever had. Right now I'm saving for a S&W 1911 E Series tactical. Yes I'm a Smithie lover

  6. #6
    Scruffy Nerf Herder TundraWookiee's Avatar
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    Re: Carrying in Vehicle in Texas

    As far as the traveling portion is concerned, that part was changed in 2007. You no longer have to be traveling to carry in your vehicle and are covered when traveling (walking) to your car from your home and vice versa. Whether your rental car is an extension of your home or business may still be open for interpretation but I believe that since it is under your control it is an extension of your "castle" and you are legal to carry in it. I am not a legal expert so don't take any action based solely on my interpretation. If your workplace isn't gun-free you should check into getting a CHL and you'll be covered no matter what.

  7. #7
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    Re: Carrying in Vehicle in Texas

    In Texas, you can carry a loaded handgun on or about (arm's reach) your person in a vehicle that is under your control. It must be concealed and you must be legal to own a gun. You don't need a CHL to do it. There is no legal obligation to notify LE if you get pulled over. It has nothing to do with Castle Doctrine, and your car is not considered an extension of your home (that would play hell with search and seizure laws, repo, tax, loan and a bunch of other stuff). It doesn't have to be your vehicle. As long as you didn't steal it, you're fine if you're behnd the wheel, since nobody is going to argue that isn't what "in control" means.

    That's pretty much it. Read the Motorist Protection Act for more details.
    Don't mind me, I'm just making sure I'm on all of the watch lists.

  8. #8
    Scruffy Nerf Herder TundraWookiee's Avatar
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    Re: Carrying in Vehicle in Texas

    Quote Originally Posted by M. Sage View Post
    It has nothing to do with Castle Doctrine, and your car is not considered an extension of your home (that would play hell with search and seizure laws, repo, tax, loan and a bunch of other stuff).
    Actually that is incorrect. It was ruled that cars were to be include in the Texas Castle Doctrine in 2007.

    "Established for individual's habitation in 1995 by House Bill 94 and extended to vehicle or workplace effective September 1, 2007 by Senate Bill 378.[15] Senate Bill 378 also "abolishes the duty to retreat if the defendant can show he: (1) had a right to be present at the location where deadly force was used; (2) did not provoke the person against whom deadly force was used; and (3) was not engaged in criminal activity at the time deadly force was used." Source: http://www.baylor.edu/content/servic...php/119767.PDF

    The Texas Penal Code 46.02 only states that you can carry "inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control."

    Between the two you should really be covered.

  9. #9
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    Re: Carrying in Vehicle in Texas

    Quote Originally Posted by Younggun View Post
    Pretty sure you are fine legally as long as you are in control of the vehicle and meet the other general criteria(not a gang member, etc). However you are not protected from any company policy that says not to carry in their cars. You won't go to jail, but could get fired if your caught.
    +1
    Though the law is on your side, that doesn't mean that your employer can't make it an issue on their end. Depends what their policies are, I would think.


    Brad

    "There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations."- James Madison, 1788.

  10. #10
    Senior Member kabob's Avatar
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    Re: Carrying in Vehicle in Texas

    For real. My employer bans firearms so I leave my carry piece at home. They actually did an investigation on me one time to see if I was because someone found out I was a gun owner. I really hate my job sometimes.

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