Law question: pre LTC

majormadmax · Oct 13, 2018

Gilbertc13 said:
Also forgot to ask the question about it being in bag in my car.

In the car it only has to be concealed, which it is in your bag. I just also posted the text of the bill for the Motorist Protection Act, there is nothing that prohibits it being concealed on your person; but understand you cannot carry it that way outside the vehicle without a LTC/CHL...

motorcarman · Oct 13, 2018

majormadmax said:
there is nothing that prohibits it being concealed on your person; but understand you cannot carry it that way outside the vehicle without a LTC/CHL...

So if you are asked to step out of the vehicle............. Go directly to jail, do not collect $200!!!!!!!!!!!!!!!

bob

easy rider · Oct 13, 2018

BRD@66 said:
Don't worry you'll get better as you get older.

Who are you again?

mbash · Oct 14, 2018

Gilbertc13 said:
Thanks for the responses so far gentlemen.

One additional question. I don’t like to leave my backpack in my car at work. Can I legally take it in with me? My mind tells me no because it is concealed carry. Right?

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If you are the business owner, you can carry concealed in your office without your LTC. Otherwise, you are correct, you need to leave it in the car.

leVieux · Oct 14, 2018

All of this just reminds me, again, that we need to convince our "Legislators" that any & all micromanagement of non-criminal citizens who own or use handguns is always counter-productive.

They should concentrate on "managing" criminals, not normal citizens !

leVieux

Jon Payne · Oct 14, 2018

Gilbertc13 said:
Hey guys

I’m still awaiting my LTC card. I’ve been doing a lot of driving lately, some in bad areas. Two questions

1.) is it illegal for me to have my gun with me in the car in my bag?

2.) if it’s in a backpack that I usually carry around with me at all times, is that considered unlawful carry?

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This wasn’t covered by your LTC Instructor?

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Jon Payne · Oct 14, 2018

diesel1959 said:
But the handgun can NOT legally be concealed on his person UNLESS he also holds an LTC. Which he doesn't yet. It has to be concealed in the vehicle but NOT on his person.

Incorrect.

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Jon Payne · Oct 14, 2018

Gilbertc13 said:
Thanks for the responses so far gentlemen.

One additional question. I don’t like to leave my backpack in my car at work. Can I legally take it in with me? My mind tells me no because it is concealed carry. Right?

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You didn’t really take a LTC class did you. If you did, you need to get a refund.

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Younggun · Oct 14, 2018

Some people pay attention. Some don’t.

Some classes are good. Some aren’t.

The guy is here trying to fill in the blanks regardless of why he has them. Let’s help him know the law instead of interrogating him.

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majormadmax · Oct 14, 2018

motorcarman said:
View attachment 150983

So if you are asked to step out of the vehicle............. Go directly to jail, do not collect $200!!!!!!!!!!!!!!!

bob

Nope, all you have to do is notify the officer that you are carrying under the MPA. The police cannot force you to violate the law, it's entrapment.

Go read the law. All it says is that the handgun has to be concealed. It doesn't prohibit doing so on one's person.

Gilbertc13 · Oct 14, 2018

Jon Payne said:
You didn’t really take a LTC class did you. If you did, you need to get a refund.

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I spaced out in the middle of the class. The class I took is very good and has a good reputation. I know a bunch of people who have taken it there and everyone has had a good experience.

Like the other guy said, all I’m trying to do is fill in the blanks that I didn’t have written down.

Part of the reason I’m on this forum is for things like this. People like yourself, obviously, have more knowledge and information than I do.

I’m also a new gun owner, and new to firearms in general.

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majormadmax · Oct 14, 2018

No worries, we all had to start somewhere!

If you haven't already downloaded a copy of this, I would recommend doing so!

Texas License to Carry A Handgun Laws and Selected Statutes (2017-2018)

motorcarman · Oct 14, 2018

majormadmax said:
Nope, all you have to do is notify the officer that you are carrying under the MPA. The police cannot force you to violate the law, it's entrapment.

Go read the law. All it says is that the handgun has to be concealed. It doesn't prohibit doing so on one's person.

46.02 seems to confirm that interpretation but...
https://www.gunstocarry.com/gun-laws-state/texas-gun-laws/#tx-map

About 1/3 the way down the page, under the title
Texas Handgun Laws To Know
the text advises that the handgun needs to be concealed in a glovebox, console or other area BUT NOT ON YOUR PERSON.

That text is highlighted in YELLOW.

Maybe incorrect but likely good advise???

bob

Jon Payne · Oct 14, 2018

motorcarman said:
46.02 seems to confirm that interpretation but...
https://www.gunstocarry.com/gun-laws-state/texas-gun-laws/#tx-map

About 1/3 the way down the page, under the title
Texas Handgun Laws To Know
the text advises that the handgun needs to be concealed in a glovebox, console or other area BUT NOT ON YOUR PERSON.

That text is highlighted in YELLOW.

Maybe incorrect but likely good advise???

bob

Incorrect advise is never good advice.

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Bithabus · Oct 15, 2018

motorcarman said:
46.02 seems to confirm that interpretation but...
https://www.gunstocarry.com/gun-laws-state/texas-gun-laws/#tx-map

About 1/3 the way down the page, under the title
Texas Handgun Laws To Know
the text advises that the handgun needs to be concealed in a glovebox, console or other area BUT NOT ON YOUR PERSON.

That text is highlighted in YELLOW.

Maybe incorrect but likely good advise???

bob

No, that advice is stupid. Always be wary of third party websites. Many people (including "experts") don't know what they are talking about.

SloppyShooter · Oct 15, 2018

I know I don't have a LTC to carry yet, but I can put a gun in a bag, throw a towel over it, or stick it in the glove box.

But I can't take it out of said vehicle except on my property and certain designated areas, concealed or not.

Kingarthur777 · Oct 15, 2018

I have never stressed it too much. With a CHL/Retired Badge, I can go most places. For me, a CHL, is just a faster way of purchasing a firearm at an FFL. Retired Badge and Creds usually trumps most places anyway.

majormadmax · Oct 15, 2018

motorcarman said:
46.02 seems to confirm that interpretation but...
https://www.gunstocarry.com/gun-laws-state/texas-gun-laws/#tx-map

Here's §46.02...

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club; and

(2) is not:

(A) on the person's own premises or premises under the person's control; or

(B) inside of or directly en route to a motor vehicle or watercraft 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 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.

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(a-4) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife;

(2) is younger than 18 years of age at the time of the offense; and

(3) is not:

(A) on the person's own premises or premises under the person's control;

(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; or

(C) under the direct supervision of a parent or legal guardian of the person.

(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

(d) An offense under Subsection (a-4) is a Class C misdemeanor.

Source: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm

Show me in that statute where is says it "needs to be concealed in a glovebox, console or other area BUT NOT ON YOUR PERSON" as that website claims...

Renegade · Oct 15, 2018

motorcarman said:
Maybe incorrect but likely good advise???

bob

Generally bad advice to have loaded handguns not on your person, or locked up.

So incorrect and bad.

Renegade · Oct 15, 2018

Jon Payne said:
This wasn’t covered by your LTC Instructor?

Shouldn't be, as it has nothing to do with LTC.

Law question: pre LTC

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