APOD Firearms

Why carry in your vehicle without CHL??

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  • knayewesttx

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    Dec 15, 2008
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    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!
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    navyguy

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    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

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    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

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    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

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    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

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    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.
     

    navyguy

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    Texas Teacher, that's a good lesson story. When states started issuing carry permits, there were those that thought it would be shot outs on the streets like the wild west. Well as Gomer Pyle said, "surprise surprise" law abiding citizens are not up for that. They just want to protect their ass, because the SCOTUS has ruled the police do not have an obligation to protect you. Thanks for sharing that.
     

    Oz15

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    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.

    ...I don't think I could have thought of a better way to handle this...excellent info and food for thought...just to clarify, you had your handgun on you in the theater? or in the vehicle?
     

    DCortez

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    Huh?

    That said, when seconds count, the police are only minutes away!

    They can't be everywhere, all the time and just in time.


    What's the old joke? The average response time for a 911 call is 4 minutes. The average response time of a .357 magnum is 1341 feet per second.
     

    texas_teacher

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    ...I don't think I could have thought of a better way to handle this...excellent info and food for thought...just to clarify, you had your handgun on you in the theater? or in the vehicle?

    Ruger SP101 with 5 beautiful .357 JHP and my lady's hand wrapped firmly around it... she doesn't like to shoot that gun, but damn am I glad that I've made her familiar with it while we've been at the range... it is always in my door panel unless I'm at home... it fits nicely in there and with nothing covering it you can't even see it...
     

    Texas42

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    Ruger SP101 with 5 beautiful .357 JHP and my lady's hand wrapped firmly around it... she doesn't like to shoot that gun, but damn am I glad that I've made her familiar with it while we've been at the range... it is always in my door panel unless I'm at home... it fits nicely in there and with nothing covering it you can't even see it...

    Now if I could only get my Fiancee packing. . . . . . .

    That is a beautiful gun (a lot better looking than Ruger's automatics, IMO)
     

    texas_teacher

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    Now if I could only get my Fiancee packing. . . . . . .

    That is a beautiful gun (a lot better looking than Ruger's automatics, IMO)

    Yeah she's not really sold on the whole revolver package but she doesn't deny the ease of aiming the reliability and the accuracy... She would prefer my XD or my colt mustang... I prefer the weight of the SP101 for a car carry... I've looked at their semi-autos and you're absolutely right... There isn't a whole lot of appeal to them like their revolvers
     

    Big country

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    Good call texas_teacher! I'm sorry the incident occured but I'm glad you had the nerve control to handle it rationally. Did the Police get how to word this uh more than well "acquainted" with the turd?
     

    ZX9RCAM

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    Texas Teacher.....did the officer question you as to whether you had a weapon in your car & if so did he say anything about it?
    For example did he ask if you had a CHL?
     

    JKTex

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    Texas Teacher.....did the officer question you as to whether you had a weapon in your car & if so did he say anything about it?
    For example did he ask if you had a CHL?

    That should have been covered when they asked for ID as they were questioning/investigating. Otherwise, there's no real reason to have to ask.
     
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