Search found 4 matches

by Ruark
Sun Mar 08, 2015 10:43 am
Forum: 2015 Legislative Session
Topic: Open carry in vehicles
Replies: 39
Views: 10370

Re: Open carry in vehicles

JKTex wrote:
Ruark wrote:Argghhhh..... the text in SB17 addresses carrying in a vehicle:

  • "SECTION 45. Section 46.02(a-1), Penal Code, is amended to
    read as follows:
    (a-1) A person commits an offense if the person
    intentionally, knowingly, or recklessly carries on or about his or
    her person a handgun in a motor vehicle or watercraft that is owned
    by the person or under the person's control at any time in which:
    (1) the handgun is in plain view, unless the person is
    licensed to carry a handgun under Subchapter H, Chapter 411,
    Government Code, and the handgun is carried in a shoulder or belt
    holster..."


So if they pass open carry, and you carry in your car, it STILL has to be in a holster.
All this is is amending what deals with storage in a car as it would continue to do when including open carry by a license holder.

Once you get in a car and unholster, nothing changes, the "in plain view" part, when not on your person doesn't change. I think this thread is just a misunderstanding.

Based on this, a licenced person can carry in their car the same way they do out of their car. When you disarm is when it must be stored out of plain view, which is the law now as it will continue to be because you are no longer carrying when you remove it from your person.
I see exactly what you mean, but it still seems somewhat fuzzy. Presently, even if you have a CHL, the gun must be concealed, whether it's in a vehicle or walking along a sidewalk. If you can legally open carry, however, it's clearly visible, but must be in a holster. The point here, I'm assuming, is that you can't walk down the street waving a gun around in your hand, because that could cause alarm. It's different when you're in your vehicle, say, placing the gun on the seat next to you, or in the map pocket or maybe an open compartment in the center console. That's different from strolling into a restaurant holding a 1911 in your hand. We're kinda splitting hairs here, I know.... :tiphat:
by Ruark
Thu Feb 19, 2015 6:52 pm
Forum: 2015 Legislative Session
Topic: Open carry in vehicles
Replies: 39
Views: 10370

Re: Open carry in vehicles

smokejensen wrote:
Ruark wrote:
smokejensen wrote:As far as being stopped by LEOs for your license, well that's what come with licensure. The odds of getting that changed before it become law are less than those of winning the powerball lottery.
Whoa... it's my understanding that that is one of the amendments that's going to be proposed; it's not (yet) part of SB 17.
Even if amended it would not stop a determined LEO from creating a pretext to check your license. An LEO is not supposed to be able to stop you while your walking down the street and demand ID either. But they do for any contrived reason. It'll be no different for CHLs...er...HLs while open carrying.
Would you have any legal recourse if such a thing were to happen? If that pretext were CLEARLY fictitious and could easily be challenged in court, could you sue for "false detention" or whatever the correct label would be?

Our disdain for Grisham notwithstanding, that video of what happened to him sends shivers down my spine.
by Ruark
Thu Feb 19, 2015 4:36 pm
Forum: 2015 Legislative Session
Topic: Open carry in vehicles
Replies: 39
Views: 10370

Re: Open carry in vehicles

smokejensen wrote:As far as being stopped by LEOs for your license, well that's what come with licensure. The odds of getting that changed before it become law are less than those of winning the powerball lottery.
Whoa... it's my understanding that that is one of the amendments that's going to be proposed; it's not (yet) part of SB 17.
by Ruark
Wed Feb 18, 2015 10:20 pm
Forum: 2015 Legislative Session
Topic: Open carry in vehicles
Replies: 39
Views: 10370

Open carry in vehicles

Argghhhh..... the text in SB17 addresses carrying in a vehicle:

  • "SECTION 45. Section 46.02(a-1), Penal Code, is amended to
    read as follows:
    (a-1) A person commits an offense if the person
    intentionally, knowingly, or recklessly carries on or about his or
    her person a handgun in a motor vehicle or watercraft that is owned
    by the person or under the person's control at any time in which:
    (1) the handgun is in plain view, unless the person is
    licensed to carry a handgun under Subchapter H, Chapter 411,
    Government Code, and the handgun is carried in a shoulder or belt
    holster..."


So if they pass open carry, and you carry in your car, it STILL has to be in a holster.

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