Anybody hear of this

handcruser

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Sep 30, 2008
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ATX
Was going to lunch and stopped and talked with a couple of APD officers about having your pistol in your car without a CHL. I always thought as long as you were traveling it was ok, but the officers told me the law had recently changed and one is considered always traveling, so keeping your gun in your car at all times was ok as long as it was not on your person. They advised me that there is no reason to disclose it. They said as long as it was not visible in your car you would be fine.

I am working on getting in a class for my permit so all of this wont matter in a few months (or 10 years, whenever my license is actually approved and received with the backlog) but thought this was good news.

Anyone know any differently? Cops were really nice and sat there and chatted with me for a while.
 

jlangton

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Oct 17, 2008
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Yes,it is legal for you to have a loaded handgun in your vehicle,as long as you are legally able to own said handgun. It MUST be concealed,and you do not have to inform a LEO of it's presence if you are stopped for anything. It's HB 1815 if I remember right that changed PC 46.02 to reflect this.
The revisions are shown here:
80(R) HB 1815 - Enrolled version - Bill Text
JL
 

Code3GT

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Jun 12, 2008
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I'm just impressed that some officers knew how the law is written!! If you got their names, send a kudo up the chain and commend them for their professionalism and courtesty. Its a thankless job and that little bit of thanks goes a long way.
 

JKTex

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Mar 11, 2008
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Ok, I stopped banging my head.

but the officers told me the law had recently changed and one is considered always traveling

The changes to the law went into effect over a year ago.

The law was changed to basically say what you can't do, not what you can do. Traveling is still there but has no real meaning since "traveling" has nothing to do with what you can't do. So under the certain conditions (not committing a crime, otherwise not prohibited from owning a handgun etc.), you can have it concealed in your car. Loaded, unloaded whatever.

They advised me that there is no reason to disclose it. They said as long as it was not visible in your car you would be fine.

True, but it's important to understand that when you get your CHL, things change. Without a CHL, the LEO has not reason to believe you have a handgun, although many, as SOP will ask. Therefore, there is no reason to bring it up, unless they do.

With a CHL, when you are asked for your ID and you DO have a handgun on or about you (any where near you), you must also provide your CHL which immediately tells the LEO you may have a handgun. Best to let them know as you hand it to them where it is.

While you are nor required to provide the CHL if you DO NOT have a handgun on or about you, once they run your ID (TDL or whatever) they'll know, so it's best to just hand it to them up front and let them know if you do or don't have a handgun.

Notice I said "handgun"? Because all this only applies to handguns; not long guns.
 

perchjerk

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Sep 28, 2008
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this all refers to the "castle law" which has been in effect for a year or so now as has been previously stated. the above post is spot on!
 

JKTex

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Mar 11, 2008
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I was going to post a link to all the threads still talking about this, but I won't. I give up! :banghead:

this all refers to the "castle law" which has been in effect for a year or so now as has been previously stated. the above post is spot on!


Deja Vu...................

The Castle Doctrine has nothing to do with guns. It has to do with the rights to protect person and property and use of deadly force.
 

nalioth

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Oct 13, 2008
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Houston Metro
<snip>, but the officers told me the law had recently changed and one is considered always traveling, so keeping your gun in your car at all times was ok as long as it was not on your person. They advised me that there is no reason to disclose it. They said as long as it was not visible in your car you would be fine.
No, it can be concealed on your person (you are inside the vehicle, right?).

It is when you get out of your vehicle (when not leaving or returning to your home) and don't have a CHL that you break the law.
 

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