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ex_dsmr wrote:

2crazy2carry wrote:/SNIP Over the weekend I have been exercising the castle doctrine and I carry the gun to the car and then back inside my home. I dont ccw in public i just carry it in the car.

Saturday I get back to the apartment with the fiancee and i am carrying the gun IWB at 4 oclock to take it back inside with me./SNIP


/SNIP Then I just got my stuff together and quickly headed into the apartment building. /SNIP

Im sure there will be plenty of people here correct me if im wrong but since the area between your car and your apartment front door is not considered to be your private property I dare say that you have been illegally CC'ing. This very thing came up in our discussion on what did and did not constitute "private property" and "under your control" in my class. Since you do not/can not own the "commons" area it is considered "public".

Now, the argument could be made "well, im carrying it to/from my car" but (IANAL) Youd probably have a hard time convincing LE or a prosecutor when your carrying in in a manner consistant with CC (in other words, in a concealed holster). Its up to you, but id seriously consider using a hard case, pistol rug, or any other number of off-body options to transport that firearm to and from your vehicle.

Id just hate to see you possibly lose your right to CC or even own a firearm on a technicality.

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly carries
on or about his or her person a handgun, illegal knife, or club if the
person is not:(1) on the person's own premises or premises under the person's
control; or(2) inside of or directly en route to a motor vehicle that is owned
by the person or under the person's control.(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 that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor
that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
71.01.
(a-2) For purposes of this section, "premises" includes real property
and a recreational vehicle that is being used as living quarters, regardless
of whether that use is temporary or permanent. In this subsection,
"recreational vehicle" means a motor vehicle primarily designed as
temporary living quarters or a vehicle that contains temporary living
quarters and is designed to be towed by a motor vehicle. The term
includes a travel trailer, camping trailer, truck camper, motor home,
and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this
section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the
offense is committed on any premises licensed or issued a permit by
this state for the sale of alcoholic beverages.

2crazy2carry wrote:I got my handgun that i intend to CCW on Nov 12th. Over the weekend I have been exercising the castle doctrine and I carry the gun to the car and then back inside my home. I dont ccw in public i just carry it in the car.
.

In a quick manner but still trying to be casual, I correct the wardrobe malfunction. I then, with i am sure the guiltiest most stupidest face, looked over to the smoker to see if he noticed and sure enough he was staring right at me. His facial expression was almost a shocked and confused look.

Skiprr wrote:I can only say that, in my opinion, small-of-back carry is a mistake. Tactically, SOB is the worst mid-body carry position someone can choose.

Leave SOB to the movie and TV producers.

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