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by shootthesheet
Tue Sep 11, 2012 8:09 am
Forum: General Texas CHL Discussion
Topic: Gun in the car by a suspended CHL ?
Replies: 41
Views: 6477

Re: Gun in the car by a suspended CHL ?

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.
by shootthesheet
Tue Sep 11, 2012 12:11 am
Forum: General Texas CHL Discussion
Topic: Gun in the car by a suspended CHL ?
Replies: 41
Views: 6477

Re: Gun in the car by a suspended CHL ?

Thank you for your opinion but I stand by my opinion. Internet consensus or someone else’s opinion isn't going to keep me out of jail. If a CHL holder has a gun in their vehicle they are carrying under that CHL. Otherwise the requirement to inform would be completely removed. It is picking nits but that is how the law concerning CHL holders reads IN MY OPINION.

Internet opinion is just as valuable as the time we spend reading it and the consideration we give it so it doesn't really matter unless we are giving legal advice. Right?
by shootthesheet
Mon Sep 10, 2012 9:05 pm
Forum: General Texas CHL Discussion
Topic: Gun in the car by a suspended CHL ?
Replies: 41
Views: 6477

Re: Gun in the car by a suspended CHL ?

It is my opinion that if a person has a valid CHL they are carrying under their license no matter where the gun is in the car as long as it is not in the possession or say under the seat of a valid CHL holder. MPA does not suspend a CHL holders need to inform a peace officer so MPA does not apply when a person has a CHL. Doesn't matter if the person forgot their license or lost it or whatever.

Suspended CHL is no CHL and the MPA covers the person as long as they are still legal to have the gun. I think most LEOs wouldn't really question if the person was covered under MPA or not so this would never be an issue. If the LEO was out to get someone he/she may use the suspension to harass the person with a suspended CHL. It won't stick but if they are out to get someone it won't matter. Smile, don't get emotional and don't give a LEO a reason to take their problems out on you. Just my opinion.

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