Carrying a gun in your car

[Deuce Coupe]

With a CHL can you carry a gun on the passenger seat with a coat over it?

Or in a paper bag on the passenger seat?

How about a concealed compartment?

Thanks

 

[1rightguy]

Yes to all and you don't need a CHL.

 

[Geronimo45]

How about a concealed compartment?

I have heard that concealed compartments are illegal in cars, due to asinine smuggling regulations. So you might not want to go down that path.
The law requires that it not be in view. So bags, coats, hats, etc work just fine.

 

[TxEMTP69]

Just remember if its on the seat just covered and you hit the breaks or are in a collision that gun will go flying

 

[txinvestigator]

I have heard that concealed compartments are illegal in cars, due to asinine smuggling regulations. So you might not want to go down that path.

Nah, not true.

 

[wendyZXZ]

I carry a H & K USP .40 in the console of my Mustang.

 

[azndragon684]

WOOT WOOT H&K USP .40!! i keep it in my center console as well some times in my glove box so i can lock it up..

 

[Byaah_19]

This may be a dumb question, but just want to clear things up for myself. I can carry a loaded gun in my car wherever I go in texas as long as it is concealed? If I get pulled over do I have to tell the cop about it or should I?

 

[jsimmons]

This may be a dumb question, but just want to clear things up for myself. I can carry a loaded gun in my car wherever I go in texas as long as it is concealed? If I get pulled over do I have to tell the cop about it or should I?

Yes, you can carry in condition 1 in your car, and technically, you only have to tell him if he asks. However, the smart play is to tell the LEO up front. Remember to keep BOTH hands on the steering wheel unless otherwise instructed by the LEO.

Oh yeah, they have the right to disarm you during the stop, so don't try getting all constitutional on him.

 

[txinvestigator]

This may be a dumb question, but just want to clear things up for myself. I can carry a loaded gun in my car wherever I go in texas as long as it is concealed?

We don't know;

Are you a member of a criminal street gang?
Will you be committing crimes while in possession of the handgun?
Are you prohibited by law from possessing a handgun?

If the answer to all of those is "no" then you can have the handgun in your vehicle concealed.

If I get pulled over do I have to tell the cop about it or should I?

Have to, no. Should you, up to you.

 

[txinvestigator]

Yes, you can carry in condition 1 in your car, and technically, you only have to tell him if he asks. However, the smart play is to tell the LEO up front. Remember to keep BOTH hands on the steering wheel unless otherwise instructed by the LEO.

See my post above. And there is no "technical" reason you would even have to answer a question as to whether or not you have a gun in the car (without a CHL, of course).

I do not suggest being argumentative or evasive with an officer, but the law does not require disclosure.

Oh yeah, they have the right to disarm you during the stop, so don't try getting all constitutional on him.

Let's look at that. What law allows a LEO to seize your property, if only for a brief time?

Texas Government Code
Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.

This section only applies to "license holders" referring to Concealed Handgun License holders.

Again, even as a non-license holder I would not argue or attempt to prevent a LEO from seizing my handgun. However, the "right" to which you refer actually applies to LEOs seizing the handgun of a CHL holder. Remember it is not lawful to resist a search or seizure, even one that is unlawful.

 

[Big country]

txinvestigator you're back! I really missed have you around to clarify things for arguments based on hearsay! Glad you're back Dcortez missed you.

 

[jsimmons]

See my post above. And there is no "technical" reason you would even have to answer a question as to whether or not you have a gun in the car (without a CHL, of course).

I do not suggest being argumentative or evasive with an officer, but the law does not require disclosure.



Let's look at that. What law allows a LEO to seize your property, if only for a brief time?

This section only applies to "license holders" referring to Concealed Handgun License holders.

Again, even as a non-license holder I would not argue or attempt to prevent a LEO from seizing my handgun. However, the "right" to which you refer actually applies to LEOs seizing the handgun of a CHL holder. Remember it is not lawful to resist a search or seizure, even one that is unlawful.

Of course legal action is an option if you think the LEO acted inappropriately, but I didn't think I had to say that. If a LEO wants to disarm me during a stop, that's fine with me (as long as I get my pistol back before the LEO leaves). The last thing I want to do is give the cops the idea that CHL holders are generally anal pores.

 

[txinvestigator]

Of course legal action is an option if you think the LEO acted inappropriately, but I didn't think I had to say that. If a LEO wants to disarm me during a stop, that's fine with me (as long as I get my pistol back before the LEO leaves). The last thing I want to do is give the cops the idea that CHL holders are generally anal pores.

No need to be defensive. You stated that a LEO has a "right" to disarm a non-CHL holder. I was simply correcting that.

 

[TxEMTP69]

wb TXI

 

[pheet17]

I was stopped this past weekend. No front plate, basically he was fishing. I had my Sig P220 in the console. Told the officer as I handed him my license and insurance. We BS'ed about "why he stopped me" he gave my info the once over then asked to see the handgun. He let me know he would be taking it to his vehicle as he wrote my warning. I didn't like it, but I'm not going to argue. (The last time I was stopped the officer looked it over, but didn't take it.) When he returned we BS'ed about handguns for a good 10 minutes, and then I was on my way.

 

[jsimmons]

I've never been stopped for what you would call a fishing expedition.

 

[pheet17]

Well, in Texas it is illeagal to not have a front plate. So, technically he was legit for pulling me over, but I haven't had that plate on since two weeks after getting the truck and it was the first time I had been stopped. Just felt like he was fishing to me, that's all.

 

[txinvestigator]

I was stopped this past weekend. No front plate, basically he was fishing. I had my Sig P220 in the console. Told the officer as I handed him my license and insurance. We BS'ed about "why he stopped me" he gave my info the once over then asked to see the handgun. He let me know he would be taking it to his vehicle as he wrote my warning. I didn't like it, but I'm not going to argue. (The last time I was stopped the officer looked it over, but didn't take it.) When he returned we BS'ed about handguns for a good 10 minutes, and then I was on my way.

What agency?

Arguing would be moot, if you have a CHL he is specifically authorized by law to take your handgun during the stop. Personally, I think its chicken shit.

But the no-plate stop is valid.

 

[APatriot]

My friend,

I agree with all you wrote. Specifically, "the chicken shit" part since if I was not a CHL holder the LEO would have no knowledge I had a weapon concealed and the LEO would not be pre-warned to be concerned for his/her safety.

Conversely, the fact I am a CHL holder and would inform the LEO, since they would find out any way when they "ran" my TDL, promotes an LEO's concern for his safety and therefore prompts the LEO to confiscate my weapon during the traffic stop. Just a ridiculous requirement.

What agency?

Arguing would be moot, if you have a CHL he is specifically authorized by law to take your handgun during the stop. Personally, I think its chicken shit.

But the no-plate stop is valid.