Real Texans can't reach their ankles
Open carry in vehicle?
- Thread starter GKC
- Start date
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Real Texans can't reach their ankles
ROFLMAO
txinvestigator
TGT Addict
A magnetic "holster" is legal as long as the pistol is not "in plain view". Perhaps this image isn't quite right, though the pistol would largely be obscured by the driver's legs and probably not in plain view. A bit more creativity with the location would probably conceal the pistol entirely, which of course would meet the requirement.
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Sorry, but that easily qualifies as being in "plain view," and even more so when the driver is out of the vehicle.
I was thinking 42.06 would be applied, as it covers both LTC holders and non-LTC drivers:
Isn't 46.035 (a) applied to brandishing? In either case, they seem to depend on the phrase "plain view". Is the meaning of that ultimately up to the determination of a law enforcement officer, or is it defined in law, as is "domicile", etc.?
The magnetic "holster" pic I posted was just for illustration. I am fairly certain one could situate the magnet and firearm out of plain view. I would NEVER suggest leaving an unsecured firearm in the car when you leave. If you're going to leave it in the car, lock it down.
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txinvestigator
TGT Addict
46.02 does not apply to LTC holders. 46.15 (b), the law that allows LTC to carry. It says that Penal Code 46.02 DOES NOT APPLY to a person who posses an LTC......
We don't have a brandishing law, per se. 46.035 is the law about type, locations and conditions of carry for LTC holders
We don't have a brandishing law, per se. 46.035 is the law about type, locations and conditions of carry for LTC holders
Weird that 46.02 specifically mentions LTC holders. Thanks for the reference. Seems to re-iterate the 46.02 protection for open (and concealed) carrying in the holster while driving. Am I reading it right?
If I'm reading it right, wouldn't that mean that 46.02 applies if the firearm is not in a holster or concealed?
I guess I am reading "intentionally displays" as brandishing. I am not an attorney, though. What qualifies as "intentionally displays" in a vehicle? Throwing a pistol on the dash while driving?
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I guess I am reading "intentionally displays" as brandishing. I am not an attorney, though. What qualifies as "intentionally displays" in a vehicle? Throwing a pistol on the dash while driving?
No, "brandishing" (your term) is more aligned to Sec. 42.01. DISORDERLY CONDUCT, "(a) A person commits an offense if he intentionally or knowingly: (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm."
Intentionally displays is best described under Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. "(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder."
Essentially, unless the weapon is in a shoulder or belt holster of a licensed (LTC/CHL) holder, if visible (wholly or partially) the handgun is considered an intentional display. That includes in a vehicle.
And to clarify, the Texas Motorist Protection Act (HB 1815), effective as of September 1, 2007, permits any law-abiding Texas resident the legal right to conceal carry a handgun inside their motor vehicle in Texas without a CHL (Concealed Handgun License) or any other permit.
The bill revised Chapter 46, Section 2 of the Penal Code to state that it is in fact not "Unlawful Carry of a Weapon", as defined by the statute, for a person to carry a handgun while in a motor vehicle they own or control, or to carry while heading directly from the person's home to that car. However, lawful carry while in a vehicle requires these four critical qualifiers: (1) the weapon must not be in plain sight (in Texas law, "plain sight" and "concealed" are mutually exclusive opposing terms); (2) the carrier cannot be involved in criminal activities, other than Class C traffic misdemeanors; (3) the carrier cannot be prohibited by state or federal law from possessing a firearm; and (4) the carrier cannot be a member of a criminal gang.
The bill revised Chapter 46, Section 2 of the Penal Code to state that it is in fact not "Unlawful Carry of a Weapon", as defined by the statute, for a person to carry a handgun while in a motor vehicle they own or control, or to carry while heading directly from the person's home to that car. However, lawful carry while in a vehicle requires these four critical qualifiers: (1) the weapon must not be in plain sight (in Texas law, "plain sight" and "concealed" are mutually exclusive opposing terms); (2) the carrier cannot be involved in criminal activities, other than Class C traffic misdemeanors; (3) the carrier cannot be prohibited by state or federal law from possessing a firearm; and (4) the carrier cannot be a member of a criminal gang.
