Carrying heat with out permit

[Young Gun]

For those that do not want to read through 7 pages of mostly unrelated text, here is the answer I found in txinvestigator's guide. At least I think it's the answer.

Penal Code section 46.02 also states that it is not an offense if the handgun, illegal knife of club is carried on your own premises or premises under your control, or if you are inside of or directly en route from your residence to a motor vehicle that you own or are in control of. That section goes on to state 4 restrictions for handgun carry in a motor vehicle. The handgun must not be in plain view, you must not be a member of a criminal street gang, you cannot be prohibited by law from possessing a firearm, and you cannot be in the commission of a crime at the time. Traffic offenses that are class C misdemeanors do not count, nor do city ordinance violations. These restriction only apply to the handgun. This section requires the handgun be concealed.

Now, having said that; I do recommend reading all of his guide and referencing it for future questions. It's good material, very informative. But, it is a little much to throw a book with the answer "somewhere" within it's text at someone who asks a fairly direct and simple question.

 

[txinvestigator]

For those that do not want to read through 7 pages of mostly unrelated text, here is the answer I found in txinvestigator's guide. At least I think it's the answer.



Now, having said that; I do recommend reading all of his guide and referencing it for future questions. It's good material, very informative. But, it is a little much to throw a book with the answer "somewhere" within it's text at someone who asks a fairly direct and simple question.

If you will look at this post; http://www.texasguntalk.com/forums/...3337-carrying-heat-out-permit.html#post144621, you will see I linked him to the exact section. I took a lot of time to write those "7 pages of related text" and I am NOT going to hand hold people and take them directly to the exact paragraph. You learn more and retain it better when you have to do a little work yourself. I also do all of this FREE. If you do not like my methods of what I give away you are free to ignore it.

That said, you did find the proper section of the law concerning non-licensed carry. The bill that changed that came from the 2007 session of the legislature. The bill was titled "The Motorist Protection Act?. The ill named "Castle Doctrine" or "Castle Law" made changes to the Texas Use of Force laws and the Civil Practices code. It did not address where one can carry.

The laws do not make your car an extension of you home.

atriot:

 

[Big country]

And thank you texasinvestigator for taking the time to write all that to. It seems to me that when some one says "read the guide they're giving you the answer and yet some still complain they usually wind up asking questions that were already answered instead of questioning things like what how to interpret what was stated in the text that they could have read.

 

[DoubleActionCHL]

This is kinda funny. I took the class at Shiloh Shooting range and DoubleActionCHL's instructor is the one who told the class about the Castle law and what I stated, so I don't know. I think I'll just look it up myself. This is kind of ridiculous.

That would be me, and you're mistaken. The Castle Doctrine and Unlicensed Carry are both discussed in the class, but one has nothing to do with the other. We probably talked about case law and the extension of the home to include the vehicle, because this question always comes up. What I tell the class is, again, the MPA involves amendments to 46.02 which allows you to carry in your car under specific conditions. This has NOTHING to do with the Castle Doctrine, which involves modifications to Section 9.32 and includes Section 83.001 of civil code. It is not an extension of your home or habitation. It is simply the result of language added to Section 46.02.

This is a common misconception, but I assure you that I didn't link the two. I certainly apologize for the confusion and will work harder to ensure that the material is presented more clearly.

 

[Young Gun]

If you do not like my methods of what I give away you are free to ignore it.

No complaints from me on how you spend your time. I just found it easier to quote the specific text and paste it here. I guess I like to "hold hands" every once in a while. Your info is good and I appreciate you for taking the time to type it all out and share it with others.

 

[Burt Gummer]

I read on the txdps website that if you dont have a CHL, you can still have a concealed loaded weapon in your vechile. Is this how it is now?

ok lets say
i dont have a CHL, and i carry a loaded 1911 in my center console, and i get pulled over, will i see jail?

FYI: i am going to get my CHL, in fact i go Friday to do my class.

Just to make sure the OP got the answer, YES you can carry as long as you follow TC PC 46.02. quoted above.

 

[40Arpent]

Can we get the word "heat" added to the censored word list?

 

[Adionik]

God, i'm glad I didn't make a thread about this.

(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.

Guess my trip to Corpus next week will be LEGAL.

 

[Texas42]

Can we get the word "heat" added to the censored word list?

lol

 

[country_boy]

Is it just me or do all these questions keep popping up? Ive seen Read the guide multiple times on different threads.

 

[texas_teacher]

You learn more and retain it better when you have to do a little work yourself

Exactly what I tell my kiddos.

And thank you texasinvestigator for taking the time to write all that to. It seems to me that when some one says "read the guide they're giving you the answer and yet some still complain they usually wind up asking questions that were already answered instead of questioning things like what how to interpret what was stated in the text that they could have read.

I agree Big Country... thank you for all of us that are appreciative Texas Investigator. It is a huge help to have things cleared for us.

 

[texas_teacher]

Can we get the word "heat" added to the censored word list?

Definitely a good one... Maybe the term whip it out as well?