Concealed Carry in Car without Permit?
- Thread starter robert
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Typically you show your CC license with your drivers license. The police will usually ask if you have the gun with you. I said "yes, would you like to have the gun?" he said no but where is it. I told him that it was in my bible case sitting next to me on the seat. He said just don't pick the case up. I did not get a ticket. He warned me that the speed limit had just been changed in the area and I needed to go a little bit slower.
If you have a CC license, be sure to show it whether you are carrying or not. Most police will not ask for the gun. I imagine a lot depends what you were stopped for. If just for a traffic violation, then they probably wont ask for the gun. If you just ran over an old lady crossing the road, expect him to ask for the gun! They will ask for it if they feel uncomfortable with you. Always be polite and don't make any movements that would alarm them. Remember, when handing them the gun, hand it to them safely and tell them to be careful it is loaded with one in the chamber. Show them respect and they typically won't hassle you. Don't expect showing your CC license to get you out of a ticket.
APD, or at least the officer that pulled me over asked for the gun. This was a couple years ago so I don't remember everything.
He came up to the window asked for the usuals, I told him that I would get that for him, and then told him that I have a concealed carry permit and that the gun was located behind the passenger seat and was loaded. He asked me if he could take it out of the back (means of him to also search my car, lol), and I agreed (had nothing to hide). I stepped out, he got it, and we carried about business. When I got the warning from him he just handed it back to me, told me thanks for telling him, and off I went.
I don't recall it being a difficult situation or him getting really worked up when I told him. He might have ran the serial number on the gun when he had it in his car, but I don't care, I was the owner of the gun. Hell, come to think of it, that's probably why I got off the hook, haha.
He came up to the window asked for the usuals, I told him that I would get that for him, and then told him that I have a concealed carry permit and that the gun was located behind the passenger seat and was loaded. He asked me if he could take it out of the back (means of him to also search my car, lol), and I agreed (had nothing to hide). I stepped out, he got it, and we carried about business. When I got the warning from him he just handed it back to me, told me thanks for telling him, and off I went.
I don't recall it being a difficult situation or him getting really worked up when I told him. He might have ran the serial number on the gun when he had it in his car, but I don't care, I was the owner of the gun. Hell, come to think of it, that's probably why I got off the hook, haha.
If it's stored away somewhere out of reach I wouldn't probably tell him. If it's within arms reach, up front, etc. I would make note of it to the officer. Tell him you are traveling if he gives you stick about it. In light of the new laws, Castle Doctrine, I don't think you will be harassed. Just let them know. I think that's just common courtesy since alot of Police Officers have to deal with that reality these days.
Hopefully some LEO's will chime in on this thread.
I agree. If it is stored in a case or bag out of reach and unloaded, I wouldn't say a thing about it. If it is loaded then I would say that I am traveling and carrying a hand gun for protection. Then I would do as the officer tells me. Try to get a CH license as soon as possible, so you won't have to worry about it.
phatcyclist
Active Member
In Texas it doesn't matter anymore if you have a CHL or not, you can leave/carry a handgun in the vehicle legally due to legal changes that went into effect last September. If you don't have a CHL you are not required to inform the officer that you have a handgun in the vehicle.
Unless the cop asks, I wouldn't say anything about it. It's none of his business what's in your vehicle..provided you aren't engaged in some unlawful activity.
http://www.txdps.state.tx.us/administration/crime_records/chl/chlsindex.htm
That page has the 2007 law changes listed.
Unless the cop asks, I wouldn't say anything about it. It's none of his business what's in your vehicle..provided you aren't engaged in some unlawful activity.
http://www.txdps.state.tx.us/administration/crime_records/chl/chlsindex.htm
That page has the 2007 law changes listed.
Longtooths
Member
I would also add, for the OP that I also would say nothing unless I needed to reach into the glove box and there was a possibility that the officer might see it. In that case I would alert him to its presence before reaching.
Robert,
I think this will answer your question. Read the text in red.
tex
I think this will answer your question. Read the text in red.
tex
2007 AMENDMENTS TO
CONCEALED HANDGUN STATUTE
CONCEALED HANDGUN STATUTE
AND
RELATED STATUTES*
RELATED STATUTES*
80TH LEGISLATIVE SESSION
H.B. 1815 Traveling & Unlicensed Carry
- Allows the unlicensed carrying of a concealed handgun inside or directly en route to the person's motor vehicle.
Amends Section 46.02, Penal Code to add Subsection (a-1) and (a-2):
(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:
(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.
(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" 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.
(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" 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.
Amends Section 46.15(b): In pertinent part:
(b) Section 46.02 does not apply to a person who:
(b) Section 46.02 does not apply to a person who:
(2)
is traveling:
(3)
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....
Repeals Section 46.15(h), Penal Code (defining 'recreational vehicle' as a residence) and Section 46.15(i) (the "traveling presumption").
Repeals Section 46.15(h), Penal Code (defining 'recreational vehicle' as a residence) and Section 46.15(i) (the "traveling presumption").
Glad Machinsttx pointed that out. Some of you didn't catch, he does NOT have a CHL.
Agreed also, don't say anything. But don't hide anything. You're not obligated to tell them for one, but not all departments give a crap about they new law and that was made clear when it passed. You "could" be treated as a criminal and charged with unlawful possession of a hand gun. Will it all get tossed out? Of course it will, but not until your life it greatly inconvenienced. If they ask, you damn sure better tell them then and now there are more and more LEO's asking as standard procedure regardless of CHL or not.
You are not even required to disclose your CHL, but it's prudent to do so because as soon as they run your license, they find out you are a CHL holder. Some LEO's don't understand the law, some will just think you're trying to hide something and you've got a hassle on your hands. I'm sure many will just move on with the business at hand.
But without a CHL, they have no reason to believe you may have a gun, therefore don't say anything unless it will be evident that you have one. such as what was said above, it's in the glove compartment for example, and there's a chance he'll see it in the process. You do not want to surprise him or her so before you expose it, let them know.
I got my CHL primarily to mitigate the issues that could come up.
Agreed also, don't say anything. But don't hide anything. You're not obligated to tell them for one, but not all departments give a crap about they new law and that was made clear when it passed. You "could" be treated as a criminal and charged with unlawful possession of a hand gun. Will it all get tossed out? Of course it will, but not until your life it greatly inconvenienced. If they ask, you damn sure better tell them then and now there are more and more LEO's asking as standard procedure regardless of CHL or not.
You are not even required to disclose your CHL, but it's prudent to do so because as soon as they run your license, they find out you are a CHL holder. Some LEO's don't understand the law, some will just think you're trying to hide something and you've got a hassle on your hands. I'm sure many will just move on with the business at hand.
But without a CHL, they have no reason to believe you may have a gun, therefore don't say anything unless it will be evident that you have one. such as what was said above, it's in the glove compartment for example, and there's a chance he'll see it in the process. You do not want to surprise him or her so before you expose it, let them know.
I got my CHL primarily to mitigate the issues that could come up.
Uhh........as far as I'm aware if stopped by an officer and if you have a CHL you are required to tell them so. If they run your license, it will show up that you are a CHL holder anyways so I can't see ANY reason why you would not preemptively tell them you have a CHL even if you aren't carrying. I'm sure most officers would appreciate the up front honesty.
As far as carrying in your car, as previously mentioned by others you do not have to have a CHL. As of 9-1-2007 with the enactment of HB 1815 by Governor Perry, everyone that can legally own a gun in this state can carry one in their car provided the gun is concealed and you are not doing so while in the commission of a crime of course(anything other than a Class C misdemeanor).
As far as carrying in your car, as previously mentioned by others you do not have to have a CHL. As of 9-1-2007 with the enactment of HB 1815 by Governor Perry, everyone that can legally own a gun in this state can carry one in their car provided the gun is concealed and you are not doing so while in the commission of a crime of course(anything other than a Class C misdemeanor).
Nope, the law does NOT require you to voluntarily tell him/her.
And that I and most people will agree with. There's not reason not to, and since they'll know anyway, they would appreciate the heads up ahead of time. And appearently, many LEO's think CHL holders are required and the side of the road isn't a place to argue the law, especially when it would be arguing for the sake of arguing.
Just one of those things that is a "responsibility" that comes with a CHL. Don't have one and you don't have it.
Quote: "You are not even required to disclose your CHL, "
We were told otherwise during our CHL class and the Texas CHL booklet says on page 25, paragraph GC 411.205 Dispaying License, Penalty:
"If a license holder is carrying a handgun on or about the license holder's person when a magistrate or peace officer demands that the license holder display identification, the license holder shall DISPLAY BOTH THE LICENSE HOLDER'S DRIVER'S LICENSE .... AND THE LICENSE HOLDER'S HANDGUN LICENSE. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187."
We were told otherwise during our CHL class and the Texas CHL booklet says on page 25, paragraph GC 411.205 Dispaying License, Penalty:
"If a license holder is carrying a handgun on or about the license holder's person when a magistrate or peace officer demands that the license holder display identification, the license holder shall DISPLAY BOTH THE LICENSE HOLDER'S DRIVER'S LICENSE .... AND THE LICENSE HOLDER'S HANDGUN LICENSE. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187."
LHB1, that is correct that you are required to provide both your CHL and driver's license (or whatever other form of identification they say is valid, I forget what else) when requested by an officer. However JKTex isn't talking about that. He's talking about preemptively telling the officer if you have a CHL before it is requested. For example, an officer might stop you walking down the sidewalk and just have a couple questions about something. They could simply be asking if you've seen a certain person in the neighborhood, noticed anything suspicious in the area, etc etc basically something completely unrelated to you. In which case JKTex is saying it is not required for you to state that you have a CHL. If for some reason they ask to see your driver's license though (maybe you are the "suspicious" person someone reported), then you are required to also provide the CHL and make them aware you are a holder.
It's my understanding that the "traveling" doctrine is not respected by enough police/sheriff departments that it probably shouldn't be relied on - in spite of repeated attempts to strengthen it by the legislature. There are also a number of DA's that will allegedly do anything to nail people carrying handguns - even CHL holders.
Austin Cowart
Member
well
That’s why the house passed HB1815 that went into effect the same day as the castle doctrine. The House bill allows us to bring it from our house to our car and then allows us to keep it there concealed. The castle doctrine allows us to then use our concealed firearm to protect our selves and property as long as we abide by all laws and regulations. Now On august 31 of 2007 yes DA's all over the state especially Houston and San Antonio would do everything they could to exploit the ":traveling" loophole but now the grey areas are taken care of. Regardless of what they want to do or say it’s the law and they can’t get past that. I was pulled over about 3 months ago and I told the sheriffs deputy that I had a pistol in the glove box and he asked for my permit and I said I didn’t have one but that I was now allowed by law to carry it. and he said that I wasn’t and that I could still be arrested and I said yes sir I can be arrested and held for no reason at all for 24 hours but that doesn’t mean im breaking the law. He smiled and said that I had gotten him and he handed me a warning and told me to have a good night. DAs want to still scare us but they are bound to uphold the law just like we are as responsible citizens.
That’s why the house passed HB1815 that went into effect the same day as the castle doctrine. The House bill allows us to bring it from our house to our car and then allows us to keep it there concealed. The castle doctrine allows us to then use our concealed firearm to protect our selves and property as long as we abide by all laws and regulations. Now On august 31 of 2007 yes DA's all over the state especially Houston and San Antonio would do everything they could to exploit the ":traveling" loophole but now the grey areas are taken care of. Regardless of what they want to do or say it’s the law and they can’t get past that. I was pulled over about 3 months ago and I told the sheriffs deputy that I had a pistol in the glove box and he asked for my permit and I said I didn’t have one but that I was now allowed by law to carry it. and he said that I wasn’t and that I could still be arrested and I said yes sir I can be arrested and held for no reason at all for 24 hours but that doesn’t mean im breaking the law. He smiled and said that I had gotten him and he handed me a warning and told me to have a good night. DAs want to still scare us but they are bound to uphold the law just like we are as responsible citizens.
HB1815 eliminated the whole "traveling" mess. It doesn't matter how far you're going, where you're going, whether one person calls it traveling and the other calls it driving to the neighbors house 2 doors down. It's in your car and complies or is not otherwise unlawful based on the other elements.
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