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by 3dfxMM
Tue Sep 11, 2012 4:09 pm
Forum: General Texas CHL Discussion
Topic: Gun in the car by a suspended CHL ?
Replies: 41
Views: 6431

Re: Gun in the car by a suspended CHL ?

RottenApple wrote:
3dfxMM wrote:You have to inform if you are carrying (concealed or not) in your home or some place under your control. How is that different than being in the car?
Actually, no you don't. There is nothing in the MPA (or other self-defense laws) that requires a person to voluntarily disclose their possession of a firearm to a police officer unless that person is a CHL holder AND is asked for ID by a Texas Peace Officer AND has a firearm in their possession at the time. Now, if the officer asks if there are any weapons in the vehicle and you tell him/her "no", then, if discovered, you could be charged with lying to a police officer (or whatever the appropriate statute is).
I took his use of the term "inform" to mean showing your CHL if carrying and asked for ID by a Peace Officer or Magistrate.
by 3dfxMM
Tue Sep 11, 2012 3:06 pm
Forum: General Texas CHL Discussion
Topic: Gun in the car by a suspended CHL ?
Replies: 41
Views: 6431

Re: Gun in the car by a suspended CHL ?

shootthesheet wrote:I was of course referring to car carry only as the topic of the entire thread suggests. You are correct that it is only opinion of even the most knowledgable until case law exists or the AG gives an opinion or the Legislature clarifies the matter by passing another law or it modifies the one that has the requirement to inform when in a car. My opinion is based on what a hostile LEO might do as well as the law as written. It may never affect any CHL holder but the informing while in a vehicle requirement needs to be done away with for me to consider "car carry" the same as carrying on a persons own property or one in which is under their control. It will move us into recognizing rights in our vehicle while on public roads or another persons property which seems to be the purpose of MPA and the "Parking Lot" law. I will consider a CHL being equally covered by MPA if/when that happens.
You have to inform if you are carrying (concealed or not) in your home or some place under your control. How is that different than being in the car?

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