Carry in a Rental car

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  • benogil

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    Apr 30, 2009
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    First, this is my first post. So, Hello.

    This weekend I will be driving my elderly parents to the Border to get dental care. They have decided to rent a car. I do not have a CHL, ( yet ) and wanted to carry a handgun in the car under the castle doctrine. The law seems to say " in a car you own ", but does this apply ( or not apply ) to rental cars ? Short version, am I good to carry, or is it a no-go?

    Thanks,

    Ben
     

    JKTex

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    Mar 11, 2008
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    Is the castle doctrine in the front or back seat and is there room for the gun under it?

    It's best to read the law, (HB1815) and the Castle Doctrine to know what they actually are, but the quick answer is that you can carry in a vehicle that is under your control whether you own it or not.
     

    juwaba98

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    May 9, 2008
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    Is the castle doctrine in the front or back seat and is there room for the gun under it?

    It's best to read the law, (HB1815) and the Castle Doctrine

    Is the Castle Doctrine in print form even enough to conceal a gun under?


    The "and" in the above quote was emphasized by me in an attempt to emphasize that the Castle Doctrine and HB1815 are not one and the same.

    I wasn't trying to be a jackass with my first response, but I seem to have a habit of coming off that way. I was merely hoping you would read the law and interpret it for yourself since "but, but the guy on the internet said" is not going to be a viable defense.

    But JKTex is right. Simply put, yes, you can carry.
     

    txinvestigator

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    Car carry has nothing to do with the castle doctrine. The law change that happened in 2007 that allowed vehicle carry without a CHL UNDER CERTAIN CONDITIONS was called the motorist protection act.

    Texas Penal Code
    Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
    (1) on the person's own premises or premises under the person's control; or
    (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
    (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
    (1) the handgun is in plain view; or
    (2) the person is:
    (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
    (B) prohibited by law from possessing a firearm; or
    (C) a member of a criminal street gang, as defined by Section 71.01.


    [url]http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.46.htm#46.02[/URL]
     

    tmd11111

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    Just don't carry it across the border other wise your parents will be returning without you. Remember only drug dealers can have guns in Mexico, you on the other hand will spend a few years locked up and of course the American Embassy will be more sympathic to Mexico's gun laws to applease them then your well being..
     

    benogil

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    Apr 30, 2009
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    Thanks everyone,

    I had read the applicable laws, felt it best to ask, as Txinvestigator and others have better knowledge. Now, I have to go get some surgical masks since there is no caliber for swine flu as of yet.

    Ben
     

    ZX9RCAM

    Over the Rainbow bridge...
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    May 14, 2008
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    Just don't carry it across the border other wise your parents will be returning without you. Remember only drug dealers can have guns in Mexico, you on the other hand will spend a few years locked up and of course the American Embassy will be more sympathic to Mexico's gun laws to applease them then your well being..

    Not even ANY ammo either....also a no-no...
     

    thorkyl

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    Oct 13, 2008
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    Care custody and control.
    Any car you are in care custody and control of.

    Read the rental agreement. I rented one from Enterprise in Florida and in the agreement there was a $500 "penalty" for the transportation of firearms and or ammunition.

    They got to determine what transport was.
     

    benogil

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    Apr 30, 2009
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    Back

    Thanks for all of the great advice, all went well. Just FYI, my parents ran into someone from Oklahoma who was there for dental work. He was qouted $35,000 for the work in OK, paid $2,000 for the work in Nuevo Progresso. Dentists name is Dr. Alvaro, 1 and 1/2 block from the bridge, next to Arturo's restaurant.

    Ben
     

    thorkyl

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    That phrase has to do with what constitutes "possession" for contraband.

    Texas laws simply says you can carry a handgun in a vehicle under your control.

    If you are driving it, it is under your control.

    True, but is illegal possession considered contraband?

    The point I was making is that the renal car is in your care, custody, and control and therefore is considered your car.
     

    txinvestigator

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    True, but is illegal possession considered contraband?

    The point I was making is that the renal car is in your care, custody, and control and therefore is considered your car.

    No, it is not considered "your car". The law makes it legal to carry in your car without a CHL if you are in your "own vehicle or one under your control". Period

    The "care, custody and control" refers to establishing proof of possession of contraband. For example, if a bag of weed is under the driver's seat of a car, the prosecution must show that you had care, custody and control of the bag to convict you.

    If you were sitting in the rear seat, it would be more difficult to show that than it would the driver. ;)
     

    benogil

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    Apr 30, 2009
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    Good discussion

    May be best this being a discussion others can refer to with this question. Not a common situation, but not rare. 281 below three rivers is beautiful. The Valley is now a Plano-style strip mall.

    Ben
     
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