Carrying in Vehicle in Texas

[Drivetestguy]

I have a questions about carring in my vehicle in Texas.

Texas law allows me to carry a loaded pistol in my vehicle as long as it's concealed and I am TRAVELLING. I actually work in this vehicle during my entire work shift, so technically I am not travelling with a destination. I am a drive tester working the cell networks. Can I still legally carry in the vehicle.

The second question I have is this. The vehicle in question is actually a rental. As I read the applicable statute, this is not permissable in property leased by the employer. But here's the thing, the rental is in my name, but paid by my employer. I'm kind of unsure where I stand on this.

 

[Younggun]

Pretty sure you are fine legally as long as you are in control of the vehicle and meet the other general criteria(not a gang member, etc). However you are not protected from any company policy that says not to carry in their cars. You won't go to jail, but could get fired if your caught.

 

[srstaff]

Pretty sure the vehicle thing no longer requires TRAVELLING to or from home to specifically allowable destinations. If its concealed in the vehicle and NOT on your person (without CHL), I think you can go pretty much wherever (in Texas at least). Having said that, the leased vehicle paid for by your employer 'may' be considered an extension of your place of business and thus problematic... I'm sure someone more knowledgeable than I will come along and clarify that one.

 

[itchin]

Welcome to the forum. Sounds like a great job. Please pm me any info of openings, or how to get a foot in the door. I am in ne San Antonio.

 

[Drivetestguy]

Thanks for the responses. I look forward to participating more..

BTW, I have a S&W M&P 9 full size. Loving this gun, best polymer frame I've ever had. Right now I'm saving for a S&W 1911 E Series tactical. Yes I'm a Smithie lover

 

[TundraWookiee]

As far as the traveling portion is concerned, that part was changed in 2007. You no longer have to be traveling to carry in your vehicle and are covered when traveling (walking) to your car from your home and vice versa. Whether your rental car is an extension of your home or business may still be open for interpretation but I believe that since it is under your control it is an extension of your "castle" and you are legal to carry in it. I am not a legal expert so don't take any action based solely on my interpretation. If your workplace isn't gun-free you should check into getting a CHL and you'll be covered no matter what.

 

[M. Sage]

In Texas, you can carry a loaded handgun on or about (arm's reach) your person in a vehicle that is under your control. It must be concealed and you must be legal to own a gun. You don't need a CHL to do it. There is no legal obligation to notify LE if you get pulled over. It has nothing to do with Castle Doctrine, and your car is not considered an extension of your home (that would play hell with search and seizure laws, repo, tax, loan and a bunch of other stuff). It doesn't have to be your vehicle. As long as you didn't steal it, you're fine if you're behnd the wheel, since nobody is going to argue that isn't what "in control" means.

That's pretty much it. Read the Motorist Protection Act for more details.

 

[TundraWookiee]

It has nothing to do with Castle Doctrine, and your car is not considered an extension of your home (that would play hell with search and seizure laws, repo, tax, loan and a bunch of other stuff).

Actually that is incorrect. It was ruled that cars were to be include in the Texas Castle Doctrine in 2007.

"Established for individual's habitation in 1995 by House Bill 94 and extended to vehicle or workplace effective September 1, 2007 by Senate Bill 378.[SUP][15][/SUP] Senate Bill 378 also "abolishes the duty to retreat if the defendant can show he: (1) had a right to be present at the location where deadly force was used; (2) did not provoke the person against whom deadly force was used; and (3) was not engaged in criminal activity at the time deadly force was used." Source: http://www.baylor.edu/content/services/document.php/119767.PDF

The Texas Penal Code 46.02 only states that you can carry "inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control."

Between the two you should really be covered.

 

[tx_transplant]

Pretty sure you are fine legally as long as you are in control of the vehicle and meet the other general criteria(not a gang member, etc). However you are not protected from any company policy that says not to carry in their cars. You won't go to jail, but could get fired if your caught.

+1
Though the law is on your side, that doesn't mean that your employer can't make it an issue on their end. Depends what their policies are, I would think.

 

[kabob]

For real. My employer bans firearms so I leave my carry piece at home. They actually did an investigation on me one time to see if I was because someone found out I was a gun owner. I really hate my job sometimes.

 

[txinvestigator]

Actually that is incorrect. It was ruled that cars were to be include in the Texas Castle Doctrine in 2007.

"Established for individual's habitation in 1995 by House Bill 94 and extended to vehicle or workplace effective September 1, 2007 by Senate Bill 378.[SUP][15][/SUP] Senate Bill 378 also "abolishes the duty to retreat if the defendant can show he: (1) had a right to be present at the location where deadly force was used; (2) did not provoke the person against whom deadly force was used; and (3) was not engaged in criminal activity at the time deadly force was used." Source: http://www.baylor.edu/content/services/document.php/119767.PDF

The Texas Penal Code 46.02 only states that you can carry "inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control."

Between the two you should really be covered.

No, he IS correct. No where in Texas law is your vehicle an extension of your home. In the Castle Doctrine, which has NOTHING to do with where one can carry, presumptions were added to the use of force laws when "Reasonable Belief" was persumed to be established. It includes your home, vehicle, place of business or employment. It no more made your car an extension of your home than it made your place of employment an extension of your home.

Under penal code 46.02, you can carry carry under requirements that do no exist to carry at your home.

Your car, under the law, is not an extension of your home.

 

[txinvestigator]

I have a questions about carring in my vehicle in Texas.

Texas law allows me to carry a loaded pistol in my vehicle as long as it's concealed and I am TRAVELLING. I actually work in this vehicle during my entire work shift, so technically I am not travelling with a destination. I am a drive tester working the cell networks. Can I still legally carry in the vehicle.

The second question I have is this. The vehicle in question is actually a rental. As I read the applicable statute, this is not permissable in property leased by the employer. But here's the thing, the rental is in my name, but paid by my employer. I'm kind of unsure where I stand on this.

Welcome to the forum. If you will look at the CHL forum there is a locked thread on Basic Texas Weapon Laws. I wrote it and it covers much of what you ase asking.

Read penal code section 46.02. Under it you can lawfully carry a handgun on or about your person inside of or directly enroute to a motor vehicle than you own or is under your control. There are 4 requirements;

1) the handgun canot be in plain view
2) you cannot be committing a crime at the time (minor class C traffic offenses don't count)
3) you cannot be prohibited by law from possessing a firearm
4) you cannot be a member of a criminal street gang.

Traveling was removed as a requirement (as has been pointed out) in 2007.

Under the criminal code, if you control the vehicle you are fine, regardless of owns it.

In the Texas Labor code, the law allows an employer to ban the possession of a firearm by an employee in a vehicle owned or leased by the employer. The employer can fire you, but not take criminal action against you, for violating this policy, If I were you, I would contact a labor law attorney to ascertain if the vehicle in your situation falls under the exception allowing employers to ban firearms in the vehicle.

Hope this helps

 

[TundraWookiee]

No, he IS correct. No where in Texas law is your vehicle an extension of your home. In the Castle Doctrine, which has NOTHING to do with where one can carry, presumptions were added to the use of force laws when "Reasonable Belief" was persumed to be established. It includes your home, vehicle, place of business or employment. It no more made your car an extension of your home than it made your place of employment an extension of your home.

Under penal code 46.02, you can carry carry under requirements that do no exist to carry at your home.

Your car, under the law, is not an extension of your home.

Ah, true enough...my mistake. If I had really analyzed it I would have realized I was wrong but somehow didn't realize it until you spelled it out. My apologies. This is the reason I clearly stated previously that you shouldn't act off of advice presented on here.

 

[txinvestigator]

Ah, true enough...my mistake. If I had really analyzed it I would have realized I was wrong but somehow didn't realize it until you spelled it out. My apologies. This is the reason I clearly stated previously that you shouldn't act off of advice presented on here.

No worries, man.

These goofy laws. . . . . . .

 

[TundraWookiee]

No worries, man.

These goofy laws. . . . . . .

Our forefathers would roll over in their graves if they could see how twisted and convoluted the right to bear arms (along with the rest of the Constitution and amendments) has become.

 

[TheDan]

They actually did an investigation on me one time to see if I was because someone found out I was a gun owner.

What was the nature of the investigation? They search your person? I would have laughed at them... There are other jobs out there, man.

 

[bcannon87]

For real. My employer bans firearms so I leave my carry piece at home. They actually did an investigation on me one time to see if I was because someone found out I was a gun owner. I really hate my job sometimes.

I have a question as well. You said your carry weapon.... Are you a CHL holder? If so and IIRC an employer can not ban you from having a firearm in YOUR vehicle in their parking lot.
I would have laughed at them as well. Then if they wanted to take disciplinary action I would have contacted an attorney.

 

[kabob]

I have a question as well. You said your carry weapon.... Are you a CHL holder? If so and IIRC an employer can not ban you from having a firearm in YOUR vehicle in their parking lot.
I would have laughed at them as well. Then if they wanted to take disciplinary action I would have contacted an attorney.

Yes, I am a CHL holder but I don't advertise that fact. I also don't take my CC pistol to work because I don't want to leave it in the car in case of a break-in (no security in the parking lot).

They were accusing me of carrying it with me inside the facilities because they saw on security camera that I was bringing a zippered case (used it to carry my meds) along with taking home an empty box. I don't know what got into their heads about a gun. They also accused me of stealing even though the box was rather small (I'd had a watch sent to my house that got left on my porch that I picked up on the way to work) and nothing of value can be carried out of my work (data center/server farm). I got a 2-week paid vacation-suspension off of it, no apology (rather they think it's all my fault for being "suspicious") and am now a pissed off employee that's currently updating his IT certs and resume.

 

[txinvestigator]

I have a question as well. You said your carry weapon.... Are you a CHL holder? If so and IIRC an employer can not ban you from having a firearm in YOUR vehicle in their parking lot.
I would have laughed at them as well. Then if they wanted to take disciplinary action I would have contacted an attorney.

Be sure and contact that attorney before you decide to violate a policy you BELIEVE may be an unlawful policy, or you risk contacting that attorney with no job or sourse of income. And what recourse do you have if fired?

Better know the law well, and that precludes what you heard on the news or read in the news or on the internet.

 

[kabob]

That's true. And my employer considers your vehicle your property so if I wanted to, I could leave my carry weapon in my vehicle. I choose not to for reasons I've already stated.