Car Carry Questions

[London]

CYA

I have copy and pasted car carry legislation here. It will be wise to print it out and carry it in your car. I had a cop try to burn me for legally carrying in my car a while back. (When he found out placed me under false arrest he simply changed the charges.) It will also go great lengths to destroy any "Good faith" defense on behalf of the officer should he choose to ignore your printed paperwork and falsely arrest you anyway.

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The following comes from the TXDPS website:

Can I carry a handgun in my personal vehicle without a permit?

Yes. Section 46.02, Texas Penal Code was amended to allow a person to carry a handgun in a motor vehicle that is owned by the person or under his/her control. The weapon must not be in plain view, and the person must not be engaged in criminal activity other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic. Finally, a person carrying a handgun in his/her car must not be prohibited by law from possessing a firearm and the person cannot be a member of a criminal street gang as defined in Section 71.01.

Tx DPS - CHL FAQs

The following is the original house bill which passed and was signed into law:
80R7219 JPL-D H.B. No. 1815
A BILL TO BE ENTITLED AN ACT relating to the prosecution of certain offenses that involve carrying weapons on a person's property or in a person's vehicle.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02, Penal Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:
(a) A person commits an offense if the person [he]
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.
(a-2) For purposes of this section, "premises" includesreal 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 motorvehicle 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.
SECTION 2. Section 46.15(b), Penal Code, as amended by Chapters 1221 and 1261, Acts of the 75th Legislature, Regular Session, 1997, is reenacted and amended to read as follows:
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) [is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);
[(3)] is traveling;
(3) [(4)] is engaging in lawful hunting, fishing, or
other sporting activity on the immediate premises where the
activity is conducted, or is en route between the premises and the
actor's residence or motor vehicle, if the weapon is a type commonly
used in the activity;
(4) [(5)] holds a security officer commission issued
by the Texas [Board of Private Investigators and] Private Security
Board [Agencies], if:
(A) the person is engaged in the performance of
the person's duties as a security officer or traveling to and from
the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(5) [(6)] is carrying a concealed handgun and a valid
license issued under Subchapter H, Chapter 411, Government Code
[Article 4413(29ee), Revised Statutes], to carry a concealed
handgun of the same category as the handgun the person is carrying;
(6) [(7)] holds a security officer commission and a
personal protection officer authorization issued by the Texas
[Board of Private Investigators and] Private Security Board
[Agencies] and [who] is providing personal protection under Chapter
1702, Occupations Code [the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes)]; or
(7) [(8)] holds an alcoholic beverage permit or
license or is an employee of a holder of an alcoholic beverage
permit or license if the person is supervising the operation of the
permitted or licensed premises.
SECTION 3. Section 46.15(h), Penal Code, is amended to read as follows:
(h) For the purpose of Subsection (b)(2), "premises" has the
meaning assigned by Section 46.02(a-2) [includes a recreational
vehicle that is being used by the person carrying the handgun,
illegal knife, or club 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].
SECTION 4. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act isgoverned by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was committed before that date.
SECTION 5. This Act takes effect September 1, 2007.

 

[txinvestigator]

No one needs to keep that in thier car, and no cop will pay it attention. I carried a copy of the penal code on duty, and cops today can call it upn on the in car laptops.

If you meet the 4 requirments, then car carry is perfectly legal. There is no more need to carry that than there is driving laws, etc. But, if you ARE going to carry something, just copy and carry 46.02. The "Bill" is now a law.

I refer to not interfere with a cop performing a traffic stop or harrass him, rather than carry a bunch of unneeded paperwork.

 

[Bithabus]

Its risky because not all DA's will see things the way you do. As stated numerous times now, I have not said it was illegal, merely dangerous and potentially expensive, depending on where you live.

That may be so. This is why I am interested in actual cases.

 

[winchster]

As to carrying a copy of the bill, forget it. I would imagine that would only involve, as I said in another thread, committing the crime of POP ( pissing of the police). If you are within the law, you are within the law. Simple.

As to cases that deadly force is used, justifiably, in defense of property, there are a lot. The most recent infamous case is Joe Horn. I personally have a friend that shot two individuals that were stealing his AC equipment. No-Billed. It's justifiable according to current Texas law.

 

[txinvestigator]

As to carrying a copy of the bill, forget it. I would imagine that would only involve, as I said in another thread, committing the crime of POP ( pissing of the police). If you are within the law, you are within the law. Simple.

As to cases that deadly force is used, justifiably, in defense of property, there are a lot. The most recent infamous case is Joe Horn. I personally have a friend that shot two individuals that were stealing his AC equipment. No-Billed. It's justifiable according to current Texas law.

IF the circumstances are correct, then it's justifiable. Texas requires that the theft be at night, and that you reasonable believe it is immediately necessary to use deadly force to prevent the imminent commission of that theft at night, AND you have to reasonable believe one of the following;

1) the land or property cannot be protected by any other means; or

2) the use of force other than deadly force to protect the land or property would expose you or another to a substantial risk of death or serious bodily injury.


And a little tid bit about Joe Horn; At least one of the Bad Guys turned on and approached Joe before he was shot.

 

[winchster]

TI,
Oh I know, and that's a great big IF. If I implied otherwise, I didn't mean to. The circumstances must be met for any provision of Ch. 9 to work in our favor.

By the way, I read your blog about 30.06 and I learned something. Thank you.

 

[Texan2]

That may be so. This is why I am interested in actual cases.

Didnt have time today, although I ran it by a defense attorney that used to prosecute felonies in my county and he told me he would find some examples for me...apparently there are plenty.
The message that apparantly is not soaking in is that you MAY get away with shooting someone who is vandalizing your property or you MAY get arrested and go to prison...my point that I continue to make is that telling people that they can shoot those who are stealing their stuff or vandalizing their property is less than responsible and paints a picture that is not entirely accurate.
I will get you some specific cases ASAP.

 

[txinvestigator]

..my point that I continue to make is that telling people that they can shoot those who are stealing their stuff or vandalizing their property is less than responsible and paints a picture that is not entirely accurate.
I will get you some specific cases ASAP.

Yep. Those little phrases like, "when and to the degree", "immediately necessary", "reasonably believe", "imminent commission", all mess up that blanket response.

The totality of the circumstances will dictate whether or not there is justificication. However, I have a foolproof method for knowing I will NEVER be charged with murder for killing someone to only protect my property.

 

[Bithabus]

The message that apparantly is not soaking in is that you MAY get away with shooting someone who is vandalizing your property or you MAY get arrested and go to prison...my point that I continue to make is that telling people that they can shoot those who are stealing their stuff or vandalizing their property is less than responsible and paints a picture that is not entirely accurate.

I know. If I thought it was a slam dunk no bill I wouldn't be interested in cases. I live in Travis county, and I honestly don't know what I would do in such a situation because of the concerns you mention. If the vandal were using a deadly weapon to destroy the property I think the proper response is clear, but otherwise I'm not sure it's worth the risk.

My sincere thanks for your research efforts.