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  • Nagorg

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    Sep 13, 2018
    59
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    Dallas, TX
    I thought the gun must be concealed if not on your person?

    Technicality? It doesn't state that the holster must actually be on the shoulder or belt; just that the handgun is in that holster. Inst the Alien Gear stuff designed in a modular way so that the same holster can be "docked" to the vehicle mount? Seems to me that the gun is in that holster..

    Snip from PC §46.02. UNLAWFUL CARRYING WEAPONS
    "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 or
    watercraft that is owned by the person or under the person’s control at any time
    in which:
    (1) the handgun is in plain view, unless the person is licensed to carry a

    handgun under Subchapter H, Chapter 411, Government Code, and the
    handgun is carried in a shoulder or belt holster; 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 or boating;
    (B) prohibited by law from possessing a firearm; or
    (C) a member of a criminal street gang, as defined by Section 71.01"

    I'm nowhere near being an attorney so don't take what I'm saying as fact. Thats just how I read it.
     

    easy rider

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    Technicality? It doesn't state that the holster must actually be on the shoulder or belt; just that the handgun is in that holster. Inst the Alien Gear stuff designed in a modular way so that the same holster can be "docked" to the vehicle mount? Seems to me that the gun is in that holster..

    Snip from PC §46.02. UNLAWFUL CARRYING WEAPONS
    "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 or
    watercraft that is owned by the person or under the person’s control at any time
    in which:
    (1) the handgun is in plain view, unless the person is licensed to carry a

    handgun under Subchapter H, Chapter 411, Government Code, and the
    handgun is carried in a shoulder or belt holster; 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 or boating;
    (B) prohibited by law from possessing a firearm; or
    (C) a member of a criminal street gang, as defined by Section 71.01"

    I'm nowhere near being an attorney so don't take what I'm saying as fact. Thats just how I read it.
    If the gun is in plain view, you must be licensed and have it in a shoulder or belt holster, meaning on your person. Otherwise the gun must be concealed in the vehicle.
     

    easy rider

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    What are you basing this on?
    One of the many lawyer sites:
    Caveats to Texas’ Vehicle Gun Laws
    While Texas’ gun laws are quite lenient compared to most other states, there are a few details gun owners should know about carrying firearms in their vehicles. The Motorist Protection Act exists to allow vehicle owners to protect themselves from thieves, carjackers, and armed robbers while driving. Gun owners only require a valid Texas photo ID to purchase a gun in Texas, and a driver does not require a license to carry a loaded firearm in his or her vehicle. However, the driver must keep handguns either holstered on his or her person or concealed from view. As long as the driver owns the vehicle or the vehicle is under his or her control, it is legal in Texas to have a loaded firearm in the vehicle within reach.

    https://www.davidbreston.com/can-you-have-a-loaded-gun-in-your-car-in-texas/
     

    Nagorg

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    Sep 13, 2018
    59
    11
    Dallas, TX
    I think we understand that part... But for someone with a license to carry, I think the interpretation of "on or about his or her person" should be considered with emphasis on "about" in this case.

    "carries on or about his or her person a handgun in a motor vehicle or
    watercraft that is owned by the person or under the person’s control at any time"

    Anyway, I'll post another thread on this or look for an existing one.

    On topic, my EDC is a Smith and Wesson M&P Shield 2.0 9mm. :)
     
    Last edited:

    pharmaco

    Give me those potatoes
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    Apr 2, 2013
    646
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    Round Rock
    One of the many lawyer sites:
    Caveats to Texas’ Vehicle Gun Laws
    While Texas’ gun laws are quite lenient compared to most other states, there are a few details gun owners should know about carrying firearms in their vehicles. The Motorist Protection Act exists to allow vehicle owners to protect themselves from thieves, carjackers, and armed robbers while driving. Gun owners only require a valid Texas photo ID to purchase a gun in Texas, and a driver does not require a license to carry a loaded firearm in his or her vehicle. However, the driver must keep handguns either holstered on his or her person or concealed from view. As long as the driver owns the vehicle or the vehicle is under his or her control, it is legal in Texas to have a loaded firearm in the vehicle within reach.

    https://www.davidbreston.com/can-you-have-a-loaded-gun-in-your-car-in-texas/

    The MPA has nothing to do with LTC holders
     

    innominate

    Asian Cajun
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    Sig p365 in one of these

    vUHrb1E.jpg


    jKhCJCW.jpg
     

    easy rider

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    Do you mean the part of the exchanged where they quoted the law regarding carrying with a LTC?
    Can you quote the post where the context is the MPA?

    I can't find it
    My first comment to this was addressed to Nagorg about mounting a holster in the car. It wasn't about MPA. The holster if in plain view must be on the person (belt or shoulder).
     

    pharmaco

    Give me those potatoes
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    My first comment to this was addressed to Nagorg about mounting a holster in the car. It wasn't about MPA. The holster if in plain view must be on the person (belt or shoulder).
    Yes, that is what was posted.

    Someone else than pointed out that the law is unclear about if the gun must be "on the person", and you cited a website discussing the MPA.

    I think they have a valid point, and I think you might be inventing your position as you go to fit your first opinion, instead of actually considering and understanding what they wrote.

    No harm no foul, though.
    None of us are lawyers.

    Thanks
     

    easy rider

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    Yes, that is what was posted.

    Someone else than pointed out that the law is unclear about if the gun must be "on the person", and you cited a website discussing the MPA.

    I think they have a valid point, and I think you might be inventing your position as you go to fit your first opinion, instead of actually considering and understanding what they wrote.

    No harm no foul, though.
    None of us are lawyers.

    Thanks
    As I said, it's not the only site that cited what that one site did on "plain view", I just copied and pasted the last one I looked at. The MPA was just part of that one paragraph.
     

    busykngt

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    My first thought when I read the poster’s personal interpretation of “the law”, he’s welcome to test out his point of view in court and let’s see how that holds up.
     

    pharmaco

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    My first thought when I read the poster’s personal interpretation of “the law”, he’s welcome to test out his point of view in court and let’s see how that holds up.
    I'd be excited to see how that turned out as well.

    I don't support gun control, so I support anyone who is willing to exploit loopholes in gun control laws
     

    easy rider

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    I'd be excited to see how that turned out as well.

    I don't support gun control, so I support anyone who is willing to exploit loopholes in gun control laws
    Unless it ends up a felony, then your experiments would come to an end. The stakes could be higher then I'm willing to take.
     

    Kingarthur777

    Active Member
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    Sep 22, 2018
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    Livingston
    About carrying a firearm in your vehicle, let me tell it to you from both perspectives. I did a lot of lone traffic stops in South Texas, and I worked often at night. When I did, the full auto M-4 was my friend. There is a reason at night we blind the absolute crap out of you, and when I got pulled I never took it personally.

    I would cant my wheels to face the opposite direction of traffic, put my hands on the steering wheel, roll down the window, turn off the radio. When they would ask for license and registration I would tell them, for my safety and yours I have a handgun on my hip. They would ask which side, I would explain my right side.
    They would ask why, and I explained (since by then I was plain clothes), that it was duty weapon. Then it was who do you work for, you explain, show them the credentials should they ask.

    Now, flashing back to being a Check Point Commander in uniform at one of the busiest ones on I-35N. Dog hits, guy goes to secondary. He becomes very nervous and tells me, "There is a firearm in the vehicle, if that is okay."

    I tell him that I could care less as long as he doesn't get back in the car and reach for it. Dog finds nothing. I wish a nice evening and travel. He asks if he is in trouble for the firearm in the vehicle. I tell him I am an NRA member, and I could care less if he has a gun in the car.

    That was prior to the CHL laws in Texas. I am not going to seize anyone's weapon unless it was used in a felony.

    It also wasn't my job. I honestly wish they would get rid of the 86 ban and leave the Second Amendment as it was, alone.

    I remember the Clinton BS and I was shooting my Colt Lightweight Pre-Ban. Dad was unfortunately proud of his son the USBP, and people kept asking me if I was going to take their guns away. I would tell them:
    1. Not my job.
    2. Not my belief.

    Then they guy started harassing me about throwing wads of cash at me for my rifle, which I declined.

    I was at another Academy at FLETC when the Clinton Gun Ban sunset and was not renewed. There was cheering going on.

    So, unless it is the BATFE, no one with any integrity wants your gun.
     
    Every Day Man
    Tyrant

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