DK Firearms

Pocket carry is illegal in my vehicle?

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  • Glenn B

    Retired & Loving It
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    Sep 5, 2019
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    I'm not,

    except I don't think we need a law to kinda permit what a constitutional amendment already explicitly protects as an inherent, God-given right.

    Sent from your mom's house using Tapatalk
    I would not think that of you. My guess is only a few think & act that way but that there are at least definitely a few who do.
     

    leVieux

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    You appear to both be a little incorrect. TPC 46.02. Says this

    (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 or watercraft that is owned by the person or under the person's control at any time in which:
    (1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; 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 or boating; or
    (B) prohibited by law from possessing a firearm.

    And this

    (a-5) A person commits an offense if the person carries a handgun 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 holster.

    So, if any part of the handgun is ever visible, it has to be holstered when carried.

    Yes, I know there’s conflicts around the changes HB1927 wrought in bringing about permitless carry.

    ETA: It’s been a minute since I’ve looked at all the changes brought on by HB1927, so there may be changes elsewhere related to carry by a license holder, either in the Penal Code or the Government Code.

    >
    The Texas Legislature is infamous for enacting confusing and erroneous "Laws".

    The few times I've told a Texas LEO I was armed, they just asked where gun was and said to not touch.

    leVieux
    .
     

    Alpha.Geek

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    Tyler "suburbs"... :)
    >
    The Texas Legislature is infamous for enacting confusing and erroneous "Laws".

    The few times I've told a Texas LEO I was armed, they just asked where gun was and said to not touch.

    leVieux
    .
    Curious about the wording you used...
    I THINK, I'd be saying something to the effect of:
    "Sir, I believe I am legally required to inform you... that I am legally packing heat."

    Curious if they asked you if you "had any weapons in the vehicle"?
    It's been many years since I was pulled over for anything, so I don't even remember the ticket conversation, I do remember being instructed to keep my hands on the wheel though...
     

    leVieux

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    Curious about the wording you used...
    I THINK, I'd be saying something to the effect of:
    "Sir, I believe I am legally required to inform you... that I am legally packing heat."

    Curious if they asked you if you "had any weapons in the vehicle"?
    It's been many years since I was pulled over for anything, so I don't even remember the ticket conversation, I do remember being instructed to keep my hands on the wheel though...


    Why are those of us who went through the vetting, training, process, testing, etc. given greater legal BURDENS than the general pubic and/or convicted felons? The fact that it is worse in other states doesn't make for a good reason ! leVieux
     

    SickSilverado

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    Curious about the wording you used...
    I THINK, I'd be saying something to the effect of:
    "Sir, I believe I am legally required to inform you... that I am legally packing heat."

    Curious if they asked you if you "had any weapons in the vehicle"?
    It's been many years since I was pulled over for anything, so I don't even remember the ticket conversation, I do remember being instructed to keep my hands on the wheel though...
    He didn't ask about any guns, but I had a few in the truck. I believed I had a duty to notify. Coming from the border, I could be mistaken for a drug/gun smuggler.
     

    DoubleDuty

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    LTC holders were required to present their LTC when pulled over for a traffic stop. Female officer that stopped me thanked me for following the law. Told me most LTCs she stopped didn't know the law.
     

    BBL

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    He didn't ask about any guns, but I had a few in the truck. I believed I had a duty to notify.
    There is no duty to notify in Texas.
    I believe you mentioned initially that you not only have an LTC but also that you are an LTC instructor.
    Pardon my direct question but isn't this information that any LTC holder and also all instructors should know?
    I do not intend this to be a mean question, it is just a question. I thought all instructors knew the penal code by heart. (yes, I know it is long but I mean the relevant paragraphs)
     

    SickSilverado

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    There is no duty to notify in Texas.
    I believe you mentioned initially that you not only have an LTC but also that you are an LTC instructor.
    Pardon my direct question but isn't this information that any LTC holder and also all instructors should know?
    I do not intend this to be a mean question, it is just a question. I thought all instructors knew the penal code by heart. (yes, I know it is long but I mean the relevant paragraphs)
    Well I guess I'm a crappy instructor. Maybe I ingrained the duty to notify in my own head since it seemed like a good practice with so many guns in my possession(everyday is a potential range/demo day for me). I will definitely hit the books to build up my knowledge of laws. I haven't taught any LTC classes yet, just basic handgun.
     

    majormadmax

    Úlfhéðnar
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    Aug 27, 2009
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    Helotes!
    There is no duty to notify in Texas.

    Wrong. There is no penalty for failing to do so, but there still is a duty to notify!

    Texas Government Code Section 411.205 - REQUIREMENT TO DISPLAY LICENSE - If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display:
    (1) both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license; and
    (2) if the license holder's handgun license bears a protective order designation, a copy of the applicable court order under which the license holder is protected.

    Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.17(a), eff. Sept. 1, 1999.
    Amended by:
    Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12A.02, eff. September 1, 2009.
    Acts 2021, 87th Leg., R.S., Ch. 203 (H.B. 918), Sec. 4, eff. September 1, 2021.
     
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