Define "concealed" or "in plain sight"

[txinvestigator]

I have a lawyer. Maybe I am off my rocker thinking this is crazy. Seems everyone agrees I was in the wrong. That sure is one heck of a charge for a err in judgement on placement.

I have an idea Tommy, and I could be wrong, but from your first words on this thread you spoke of exercising your rights, refered to a bill, and I think you did not err in judgment. I think you decided that by God you are gonna exercise your perceived rights and carry how you want. Now you see the consequences of being "that guy".

Again, I could be wrong.

 

[Younggun]

It has nothing to do with "semantics". Since the cop saw it from the window, it seems clear to me it was in plain sight.

Not argue in if it was plain sight, just can't remember if the law has the word "concealed".


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[txinvestigator]

Not argue in if it was plain sight, just can't remember if the law has the word "concealed".


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46.02 makes it an offense if the handgun is carried in the vehicle at any time the handgun is in plain view.

 

[ZX9RCAM]

Shame you did not just place a rag over the exposed part.....

 

[TexasRedneck]

As others have noted, their take-down was proper given the circumstances. YOU know you - THEY don't. Too many officers have died "assuming" that a detainee was a "good guy".

With all due respect, it is you that screwed up by NOT fully KNOWING the law as it pertains to car carry. You apparently took the word of folks with no knowledge (or care) as to the specifics of the law, and it's now going to be on you to extricate yourself from this. Unfortunately, you're in Austin - one of the most UN gun-friendly municipalities in the state. You need a GOOD attorney - not just one from the phone book - that's up on plea deals, because that's your one prayer in this - that he can convince the DA (who, from my understanding, is VERY anti-gun) that you were a misguided gun owner that made an honest mistake. Bad part is......ignorance of the law is NOT a defense. That's why you see so many folks here asking question after question w/regards to various aspects of the law - we know we're in the crosshairs, so we're careful. Unfortunately you weren't - now we can just hope you don't become the poster child for unlawful carry in Austin!

Good luck, if there are attorneys on this board that offer input, listen to 'em - and if I were you, I'd be asking for input on who's the BEST in Austin for this type of case.

 

[Texan2]

This is not even a close call. Officers were correct. TGT member was clearly in the wrong. Not even much to talk about on this one.

 

[TXARGUY]

Shame you did not just place a rag over the exposed part.....

I've carried many times in my truck with nothing but a rag between me and my firearm. Completely concealed from sight yet accessable within a split second's notice.
I do find myself checking its placement every once in a while. especially in traffic where I'm surrounded by eyes and possibly anger and after situations like hard breaking where it can get shifted into plain sight.

I feel for thr OP but I've got nothing for him as I believe he was in the wrong whether he knew it or not and I believe the officer/officers acted appropriatly. Its a tough lesson to learn but at least no one was hurt.

 

[TommyT]

All, it seems by your posts that I was completely in the wrong. That said, thank you for your input. Txinvestigator: thank you, very informative.

 

[TexasRedneck]

All, it seems by your posts that I was completely in the wrong. That said, thank you for your input. Txinvestigator: thank you, very informative.

Don't beat yourself up, bud - we ain't! It's a learning moment - it's gonna be an expensive one for you I'm afraid - but a good attorney will get you clear, I'm thinking. Get things back together, and hang around - there's folks here that can help you ensure it doesn't happen again!

 

[TommyT]

Yea, this is going to be a tough one to swallow for sure. Obviously i need to be educated in this MUCH more.

 

[Younggun]

46.02 makes it an offense if the handgun is carried in the vehicle at any time the handgun is in plain view.

Agreed


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[TXARGUY]

Yea, this is going to be a tough one to swallow for sure. Obviously i need to be educated in this MUCH more.

I think you stand a good chance of beating it or getting it plead down but it's going to take your lawyer doing his research. Hopefully you were courteous and respectful to the officers given the circumstances because that can improve your chances.

 

[Bithabus]

This is not even a close call. Officers were correct. TGT member was clearly in the wrong. Not even much to talk about on this one.

Yep. Too bad for him he wasn't on the way to the range.

 

[Younggun]

In that case would the pistol not need to be locked in the trunk, still out of site. Too bad the pistol didn't have a 16 inch barrel and a stock, lol.


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[deemus]

As others have noted, their take-down was proper given the circumstances. YOU know you - THEY don't. Too many officers have died "assuming" that a detainee was a "good guy".

With all due respect, it is you that screwed up by NOT fully KNOWING the law as it pertains to car carry. You apparently took the word of folks with no knowledge (or care) as to the specifics of the law, and it's now going to be on you to extricate yourself from this. Unfortunately, you're in Austin - one of the most UN gun-friendly municipalities in the state. You need a GOOD attorney - not just one from the phone book - that's up on plea deals, because that's your one prayer in this - that he can convince the DA (who, from my understanding, is VERY anti-gun) that you were a misguided gun owner that made an honest mistake. Bad part is......ignorance of the law is NOT a defense. That's why you see so many folks here asking question after question w/regards to various aspects of the law - we know we're in the crosshairs, so we're careful. Unfortunately you weren't - now we can just hope you don't become the poster child for unlawful carry in Austin!

Good luck, if there are attorneys on this board that offer input, listen to 'em - and if I were you, I'd be asking for input on who's the BEST in Austin for this type of case.

Good advice. You need a good criminal attorney. Not a buddy who does family law. The meanest, most aggresive bastard you can find should do the trick. You need one of those attorneys that everybody hates for getting criminals off, especially those who commit crimes with weapons. He will know what you need.

 

[Bithabus]

In that case would the pistol not need to be locked in the trunk, still out of site. Too bad the pistol didn't have a 16 inch barrel and a stock, lol.


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If he were going to the range or traveling, etc, the handgun could be in plain view.

 

[ZX9RCAM]

If he were going to the range or traveling, etc, the handgun could be in plain view.

What is the definition of traveling?

 

[Bithabus]

What is the definition of traveling?

There is no definition in the code

 

[Vaquero]

Soo.....

 

[ZX9RCAM]

Soo.....

....exactly.

I presume the car was travelling down the road when he was pulled over......