Where the presence of a gun is legal...

Discussion in 'General Firearms & Ammo' started by Amistad, Dec 22, 2008.

  1. Amistad

    Amistad Member

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    When I took my CHL class a year ago, I seem to recall the instructor saying that prior to obtaining a CHL, you can only legally have a gun in your vehicle when going to and from the range. I've run into a couple of guys at work who are telling me that this is not true, that anyone can have a firearm in your vehicle as long as it is not loaded. I'd appreciate any clarification that anyone would care to offer on this issue. Thanks!

    Amistad
     


  2. DirtyD

    DirtyD Well-Known

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    This has been discussed in several different threads here. Short answer is carry concealed in your vehicle locked and loaded all day.... search castle doctrine....
     
  3. nalioth

    nalioth Active Member

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  4. txinvestigator

    txinvestigator TGT Addict

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    Castle Doctrine has nothing to do with where you can carry a gun.

    To the OP; Your instructor and friends are wrong. Follow the links that nalioth gave you.
     
  5. DirtyD

    DirtyD Well-Known

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    As it relates to the OP, my understanding of the Castle Doctrine does. Does it not extend your property to your vehicle, as well as redifine the "traveling" explanation?
     
  6. txinvestigator

    txinvestigator TGT Addict

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    No. The Castle Doctrine (SB 378) made changes to Chapter 9 of the Penal Code (use of force) and to a section of the Civil Practice and Remedies Code.

    It was HB 1815 that made changes to sections 46.02 (Unlawful Carrying Weapons) and 46.15 (non-applicability) of the Texas Penal Code. It did not extend your property to your vehicle, nor did it it re-define traveling.

    What it DID do was take carrying a handgun on your own premise or premises under your control from section 46.15, and place it in section 46.02. It also added a section to 46.02 that makes it not illegal to carry a handgun in your own vehicle or one under your control if you meet certain requirements. The car requirements do not apply to premises carry.

    HB 1815 also left traveling in section 46.15 as a time when 46.02 does not apply to a person, but it removed the presumption that most people called a definition.

    So, car carry is legal if you are not a member of a criminal street gang, the weapon is not in plain view, you are not committing another crime at the time (other than traffic offenses) and you are not prohibited by law from possessing a firearm.

    Premises carry has none of those restrictions.

    Merry Christmas
     
  7. DirtyD

    DirtyD Well-Known

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    Thanks for clarifying..... and I should have known that you would have the answer....
     
  8. Amistad

    Amistad Member

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    Many thanks for each of these replies. I'll read each and every link, and I'm confident that I will be helped and educated in that process.

    Merry Christmas to one and all!

    Amistad
     
  9. Amistad

    Amistad Member

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    To make sure that I understand correctly...

    I've read a lot of material in those links above.

    My wife does not have a CHL. She is not a member of a gang. She is not out commiting crimes as she drives. There is no reason that she cannot own a gun. If I'm understanding correctly, this means that she can keep a gun (hidden from sight, of course) in her car and keep it there all the time. Is this correct? Thanks!

    Amistad
     
  10. txinvestigator

    txinvestigator TGT Addict

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    Handgun yes. Those restrictions do not apply to long guns. (except if you cannot legally possess a firearm, then you cannot possess a long gun)
     

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