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by Skiprr
Mon Apr 18, 2011 12:12 am
Forum: General Texas CHL Discussion
Topic: Property Defense in West TX Question
Replies: 64
Views: 8494

Re: Property Defense in West TX Question

speedsix wrote:
Skiprr wrote:
YWHIC wrote:
speedsix wrote:...a CHL doesn't change anything for the OP...in his car or on his property...he can carry openly or concealed...maybe, being out of state, he doesn't know that, either...
I do know that I can carry open or concealed on my property (I used to do that when I lived in NJ) :cheers2:
I think it's worth pointing out that the statement about open carry in a car is incorrect under Texas law. PC §46.02(a-1)(1) is clear that, "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 that is owned by the person or under the person's control at any time in which... the handgun is in plain view..."

There is special treatment for a recreational vehicle that is being used as living quarters, but a car or other simple passenger vehicle never meets that criterion.

As always, IANAL, so always research for yourself...
...thanks for clarifying that...I was speaking to the OP...which had to do with on his property, not driving in Texas...on your own property, you can carry openly or concealed on your person or in a vehicle...off your property, it does have to be concealed...
My apology.

Because the OP never made mention anywhere of driving around on his property, I wanted to make certain that visitors to the Forum didn't mistake this statement as legal and correct: "...a CHL doesn't change anything for the OP...in his car or on his property...he can carry openly or concealed." If we remove the word "or," it is correct; but not as written. The OP said he would be driving to his property, not on his property.

Thanks.
by Skiprr
Sun Apr 17, 2011 4:54 pm
Forum: General Texas CHL Discussion
Topic: Property Defense in West TX Question
Replies: 64
Views: 8494

Re: Property Defense in West TX Question

YWHIC wrote:
speedsix wrote:...a CHL doesn't change anything for the OP...in his car or on his property...he can carry openly or concealed...maybe, being out of state, he doesn't know that, either...
I do know that I can carry open or concealed on my property (I used to do that when I lived in NJ) :cheers2:
I think it's worth pointing out that the statement about open carry in a car is incorrect under Texas law. PC §46.02(a-1)(1) is clear that, "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 that is owned by the person or under the person's control at any time in which... the handgun is in plain view..."

There is special treatment for a recreational vehicle that is being used as living quarters, but a car or other simple passenger vehicle never meets that criterion.

As always, IANAL, so always research for yourself...

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