Why carry in your vehicle without CHL??

knayewesttx

New Member
Dec 15, 2008
41
6
San Antonio, Texas
Question!
If I carry my gun with me in the car and a situation arises where I use deadly force to protect myself, am I covered under law? or am I assed out for not having a CHL?

Because I don't see why I would risk getting in trouble with the law for carrying in my vehicle, if I dont have a CHL...
Can someone clarify this for me instead of sending me to read the Texas Law Book on guns.
thanks!
 

navyguy

TGT Addict
Oct 22, 2008
2,987
38
DFW Keller
Carrying in the car is an extension of the Castle Doctrine. Your car is also considered your "castle" and you have a right to defend it and your self against intruders same as your house. High jackers et al. There are some obvious differences and restrictions house vs car, such as you've got to keep the gun concealed in your car, were as you don't need to do that in you home. But that would be the same if you had a CHL. I still think it is best to have the CHL. That would help avoid some hassles should you be stopped for some reason.
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
Carrying in the car is an extension of the Castle Doctrine. Your car is also considered your "castle" and you have a right to defend it and your self against intruders same as your house. High jackers et al.
No, the Castle Doctrine made three changes to the use of force laws. Your car is no "your castle", nor is it an extension of your home. The laws for carry in your home and car are different. The so-called Castle Doctrine applies to your occupied residence, your occupied vehicle and your place of work or business regarding the presumption of reasonableness. It applies ANYWHERE you have a right to be regarding no duty to retreat, and applies ANYWHERE regarding the immunity in civil suit.

The Motorist Protection Act is the changes to penal code 46.02 that allowed car carry without a CHL.


I still think it is best to have the CHL. That would help avoid some hassles should you be stopped for some reason.
There is no hassle. Car carry is simply not illegal if you meet the 4 requirements.
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
Question!
If I carry my gun with me in the car and a situation arises where I use deadly force to protect myself, am I covered under law? or am I assed out for not having a CHL?
Your justification for using deadly force is not dependant on the type of weapon you carry or where you carry or even if you are carrying a weapon illegally.

The weapons laws and use of force laws are seperate.

For example; it is illegal to carry a short barreled shotgun (minus compliance with the NFA). If a person tries to kill you with an axe and you shot him with with the illegally carried shotgun, the only question regarding your use of deadly force is whether or not it was justified under the use of force laws.

You could be seperately prosecuted for the illegaly carried shotgun, but it does not alter your justification for using deadly force.

Carrying in your car without a CHL is perfectly legal as long as you meet the 4 requirements. If you are justified in sing deadly force, you ca use that handgun, a knife, pipe, your car, whatever.....

Make sense?


Edit; since your gonna ask;

http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.46.htm#46.02
 

crs2fer4

Member
Jan 3, 2009
106
16
Grapevine, TX
it is amazing how this exact topic has been debated on every forum I have been on TODAY...I love it. thanks for the correct as usual explanation TX.
 

texas_teacher

Well-Known
Feb 14, 2009
2,114
36
South Korea
Where you are has no bearing on your justification to use force or deadly force.
I would add that your decision to use deadly force whether or not you have taken the CHL class is still something that you have to rationalize in your head. The could I have just driven away will always pop up, could they have been talked down, was anyone there else in immediate danger, etc. The use of deadly force as many on here will tell you is not a light matter and I don't think you're taking it as such by asking these questions. Some unfortunately shoot first ask questions later. I encountered a situation a couple of weeks ago where I was thankfully not pushed into drawing mine out of my door panel. I'm waiting on my paperwork for my CHL so it would have happened sooner. A man bearing unfriendly characteristics decided to follow us out of the movies one night and we had parked out in the middle because it was the only spot but by the time we got out our car was alone out there. Well he had been leaning up against a wall and I had noticed him get off as soon as we stepped off the curb. Innocent so far for him. He then caught up to us really quickly. I made her walk ahead of me with my keys and I turned around and I told him that I knew what he was doing and the I didn't appreciate it and that if he didn't take this opportunity to stop that he would have the distinct pleasure of carrying my bullets for the rest of the night if he didn't give me a little space. The man turned around and quickly went back to the front of the theater. I called the theater and complained that there were people harassing their patrons and there were quickly flashing lights on the scene. The police officer asked me for my statement and when I told him word for word he kind of smiled a little at my rhetoric. He told me that unfortunately most people think that the right to bear arms also means the right to use them. And it does within reason. We need to be smart about it otherwise the liberals will snatch away our rights quicker than they are already trying to. The officer asked me if my fiance was okay and I told him that she's probably just grateful she didn't have to watch me pull the trigger. So in all I do support people carrying in their cars and I suggest that people get a CHL and I support people protecting love ones I'm just begging the world for logic and understanding in every decision that you make. It is a heart on the other side of that trigger beating the same stuff that runs through you. I'm not saying don't draw or don't threaten it but think think think always. It's like those old cheesy commercials where it came up with the "a mind is a terrible thing to waste" and it is. I see so many of our youth come into my classroom expecting to be told what to do and give me the bare minimum. All right I'm starting to rant so I'm out.
 

hk boy

Active Member
Mar 4, 2009
252
16
Fort Worth
thanks texas teacher
lesson learned
;)
 

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