Wife wants to carry in her car

[OLDVET]

This has probably been discussed here previously, but I am looking for some information.

My wife has taken a new consulting job that will require her to travel by car. Currently the trip is from Dallas to Comanche, Texas and back once a week. She has asked me to get her a small handgun to carry in her car just in case. I know it is legal to carry a handgun in your vehicle as long as it stays in the car (comes in at night). The consulting work my wife will be during is with hospitals. She couldn't carry the pistol inside even if she had a CHL.
She also asked me if she did carry a handgun without having a CHL and was stopped for a traffic violation, would she have to tell the officer she had a gun in the car? I have a CHL and I routinely offer both my drivers license and CHL if I am ever stopped. Eventually she will take a CHL course and get her license, so her situation is short termed.

To recap:
1. She can carry a concealed pistol in her car (for protection while traveling) without fear of prosecution.
2. Would she be required to divulge the fact she had a pistol in her car if she were stopped by the police?


Thanks.

 

[Vaquero]

1. Yes
2. No

 

[TX69]

HIGHLY recommend that she go get her CHL class completed and papers sent to Austin DPS ASAP!

 

[Younggun]

1. Yes
2. No

This.

Agree that CHL is a good idea though. Lots of other places bad things can happen. It's good that she has taken an interest in protecting herself.

 

[Acera]

From what you describe it is not that necessary for her to get a CHL. If she wants to carry on her person at other places, then yes. She can legally now carry the gun in her purse to the car from your home, keep it in the car, do her business at the hospital, then carry the gun back into the house when she returns. There is some good information in those classes if she likes to be presented with the information from an instructor, however the entirety of that information can be found elsewhere easier and cheaper for her to study at her convenience and own pace.

You stated;

1. She can carry a concealed pistol in her car (for protection while traveling) without fear of prosecution.

You do know that the requirement for 'traveling' has not been required for many years now, right? It does not matter if she is going cross the state or just to the drug store.


Here is one of a bunch of links that provide some basic information.
CHL v.s. MPA | CHL, MPA | ShootingStarsTraining.com

 

[OLDVET]

Yes, I know the "traveling" stipulation is no longer valid. My point was she only wants a handgun for protection while she is on the road or at the hotels where she will be staying. I have a CHL, but I only carry a firearm in my vehicle. My fear is she will be pulled over and not divulge she has a firearm in the car. Some over achiever police officer will arrest her for having the gun in the console.

Had something like that happen to me once on a dove hunting. A new eager rookie Game Warden and a more experienced Game Warden arrested a bunch of us at a dove hunt. They claimed we were hunting on a "baited" field. Turns out the field adjacent to where we were hunting had been baited, but the area we were in was not. The law states it is illegal to hunt game birds that are going to or coming from a baited area. The field that was baited was not part of our lease and we had no access to the area. But by the letter of the law, we were hunting birds going to a baited area.
After making a trip to see the judge, the more experienced Games Warden stated he would not have arrested us due to the fact we knew nothing about the baited area. The eager rookie Game Warden was looking to score points with the arrest.
A funny thing about this incident, the Chief of Police for College Station, as well as one of the Deans at A&M were among the group taken before the judge. Luckily for all, the Judge was a personal friend of the landowner (not arrested). He paid all of the fines and our record was expunged.
Other than a traffic citation every few years, that was my one an only run in with the law. I would like to keep it that way!!

 

[Younggun]

Sounds like it was dismissed, not that the judge paid the fines for you.


If she gets pulled over and doesn't say anything, how will the overzealous rookie know a gun is in the console?

I don't see it being an issue either way. The law has been in place for some time now and isn't much of an issue.

 

[Acera]

Why would she be arrested for doing something legal and done by thousands of Texans every day??

If the LEO asks her about a gun, it is up to her to make a decision to tell him or refuse to answer the question. As a non-chl holder she is under no obligation or requirement to volunteer that information without being asked, iirc. Many of us would answer the officers question honestly if asked.

 

[zincwarrior]

You don't have to volunteer, but you can't lie.

Prior to letting a CHL I did just as your wife, traveling with such in case the car broke down in the middle of nowhere.
It needs to be out of sight to be legal, but other than that just make sure its secured if there are children about.

 

[OLDVET]

You are correct the Judge (a woman) did not pay our fines. The land owner who was hosting the hunt paid for everyone. Damn good thing too. The fine was $60 and I only had $25 on me.
I see most everyone is telling me what I thought to be the case. Just wanted some other opinions. Now the fun part, trying to find something she likes and she is capable of operating.
Thanks for the help.

 

[General Zod]

Just make sure whatever she gets is something she's proficient with and that she keeps it somewhere she can easily access it if it's needed without having to lean over or anything.

 

[mantawolf]

Why can't she carry in a hospital with a chl? Most of them do post 30.06 signs but the law doesn't say she can't if the signage isn't ppsted

 

[60dad34]

just another what if question for yall.when she is in the hospital does the handgun need to be in a lock box? i was under the impression that a locked vehicle was not considered secure. and that the weapon needed to be in a lock box secured in the vehicle. i carry in my vehicle but when in stores etc i have a locked box i secure the weapon in.

 

[Younggun]

Why can't she carry in a hospital with a chl? Most of them do post 30.06 signs but the law doesn't say she can't if the signage isn't ppsted

Most are posted, might not be.

Even then, most workplaces have a pretty strict no weapons policy. It's up to everyone to decide where to draw that line.

 

[Acera]

just another what if question for yall.when she is in the hospital does the handgun need to be in a lock box? i was under the impression that a locked vehicle was not considered secure. and that the weapon needed to be in a lock box secured in the vehicle. i carry in my vehicle but when in stores etc i have a locked box i secure the weapon in.

Welcome to the forum.

There is no requirement for lock box in Texas. By chance did you move here from up north????

 

[Acera]

Why can't she carry in a hospital with a chl? Most of them do post 30.06 signs but the law doesn't say she can't if the signage isn't ppsted

From my understanding, yes it does.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.

http://dps.texas.gov/RSD/CHL/faqs/index.htm


I only thought posting applied to places other than those listed above. Would love to be corrected if that is not the case.

 

[Charlie]

Here we go again!

 

[ervdrvr1]

Please read the whole law before you post.....

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

 

[Acera]

Some further reading on this finds the famous 30.06 law. So it sounds like you don't have to give notice.

(a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and failed to depart.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

Please read the whole law before you post.....

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

So does what I posted above not invalidate that???

 

[ervdrvr1]

Oh......and here is the link if you want to read the whole law yourself:

PENAL CODE CHAPTER 46. WEAPONS