Recently Confused...please help

Discussion in 'Texas Concealed Handgun (CHL)' started by GM.Chief, Jul 20, 2009.

  1. GM.Chief

    GM.Chief Well-Known

    1,451
    0
    36
    Mar 16, 2009
    This is GM's wife.....don't know if this is the right forum....mods feel free to move.

    Went to a survival/disaster meeting. There were three speakers who spoke for about 15 minutes each, and then we could walk around the room and talk to different people at the various booths. One speaker spoke very quickly about guns.....and this is what I was sorta kinda able to figure out...so if any one could put the pieces together and tell me if this is Hariis county, or all of Texas or what?


    He said something about how we're lucky to be in Texas where we can carry concealed. Then he said that if you grab your gun, put it by the console in your car, stop to get a paper at the store, lay it on top of the gun...the gun is now concealed. Then he said that Texas has made it very easy for police now, and they will just give you the ticket or arrest you, instead of trying to figure out if you're breaking the law or not, and you can just go the the courthouse and talk to the judge about it. THen he said something about you have to say you were traveling, which means more than two counties.

    So...you can see my confusion. Is he saying it's legal to carry in your car, but only if concealed? Only if not concealed? Not legal at all? Legal, but if the police pull you over, you'll still need to go to court for it? Concealed in the car but only with license? Only when travelling?

    If anyone can clear this whole thing up for me..or point me in the direction of the actual law, that would be very helpful.

    Thanks,
    April
     


  2. Texas1911

    Texas1911 TGT Addict

    May 29, 2017
    Austin, TX
    It's kinda grey.

    The law originally stated it was OK to carry in your car so long as the gun was concealed and you were traveling. So, you'd have to prove that you were traveling to the LEO, or judge if you get arrested.

    Then came the Motorist's Protection Act, which redefined your place of residence to your car, motorhome, etc. which basically allowed concealed handguns to be in your car without the entire traveling clause.

    The problem is that the law can still be interpreted in various ways, and some LEOs will just arrest you outright. In the long term, you probably won't be hassled about it in most areas, but it's best to get your CHL to avoid the hassle.

    It was HB 1815 if I recall correctly.
     
  3. ctxpta

    ctxpta New Member

    23
    0
    6
    Mar 22, 2008
    Lockhart, Texas
    This is specifically under PC Unlawful Carrying Weapon: If you DO NOT have a CHL you MUST be in your own motor vehicle or vehicle under your control the handgun MUST be concealed and the OFFICER has to make the determination that a)you are NOT committing any criminal act other than a class c traffic violation. b)Prohibited by law from possessing a firearm c)you are NOT in a known gang............abbreviated

    Yes if you cover the handgun with a paper it is concealed if someone can not tell with 100 percent certainty there is a gun under it...could it be a cell phone, wallet etc???

    The problem with this law and Harris county and even to a degree Travis is the DA's have implied or even stated that the OFFICER can't make the judgment calls listed above on a traffic stop. SO they are arresting the driver impounding the car (and the weapon). They are making the rules of getting the weapon back very difficult.

    Hope this helps.
     
  4. ctxpta

    ctxpta New Member

    23
    0
    6
    Mar 22, 2008
    Lockhart, Texas
    If you have a CHL then this law is irrelevant as LONG as you are following the rules and regs of having a CHL. this law is specifically for those without CHL. The legislature tried 4 years ago to make travelling a given and not a have to prove and that didn't work. 2 years ago they went this route to try to give us (non-chl) the ability to protect ourselves in our own vehicles.
     
  5. GM.Chief

    GM.Chief Well-Known

    1,451
    0
    36
    Mar 16, 2009
    Thanks for the replies. It really clarfied things a bit!

    April
     
  6. riverara

    riverara New Member

    47
    0
    6
    Jun 26, 2009
    If its concealed, how will they know its there?!
     
  7. GM.Chief

    GM.Chief Well-Known

    1,451
    0
    36
    Mar 16, 2009
    That was my thought. My understanding was that it is 100% legal (stating you are allowed to own a gun in the first place) to have a gun in the car CHL or no CHL. My understanding was , however, that it had to be completely CONCEALED. Am I now to understand that I cannot have one in the car to defend myself from a carjacking?
     
  8. SIG_Fiend

    SIG_Fiend Administrator TGT Supporter Admin

    7,262
    15
    38
    Feb 21, 2008
    Austin, TX
    You can. It's just one of those things where, if the officer is a real jerk there is always the possibility they could cause trouble for you. Legally, according to the letter of the law, it is entirely 100% legal provided you are doing so within the regulations (concealed, not a gang member, etc). Worst case, if you did happen to become one of the unlucky ones that gets a jerk officer that arrests you and you end up in court, the letter of the law will legally exonerate you and you now have grounds for a civil suit IMO which I would fully and ruthlessly take advantage of. ;) If someone wants to try to prosecute you for legally exercising your rights, I would use all legal means available to punish them severely for it so they never forget. If enough of that happened, there would be plenty of apparent incentive that such hassles would probably become significantly less common.
     
  9. GM.Chief

    GM.Chief Well-Known

    1,451
    0
    36
    Mar 16, 2009

    And my thought is....if that's the line of thinking....why not do illegal things....if they are concealed, how will they know you're doing it? I"m not saying that protecting yourself is illegal or akin to it, I"m just saying, I think I'll go ahead and get my CHL and not worry about it.

    April

    PS...I suppose I should start using the username GM set up for me, huh? lol
     
  10. JKTex

    JKTex Well-Known

    2,018
    0
    36
    Mar 11, 2008
    DFW, North Texas
    Out of all the times this has been discussed, I don't think anyone has made a good case to refute the law. Nor do I recall anyone ever coming up with an instance where a person legally in possession of a concealed hand gun in their car was arrested for unlawful carry.

    As an aside, you do not have any obligation to tell an LEO that you have a gun in the car unless you're a CHL holder. So unless you just want to tell them, or they have cause to search, they'll never know and in most cases, it's best that way. If they have reason to search, it's likely you aren't legally in possession of the gun anyway so we don't care, enjoy jail. :lolz:

    But I think the law is pretty clear, and an LEO will have a hard time justifying an arrest for unlawful carry unless those conditions above are met. That the whole purpose of HB1815.
     

Share This Page