Clarification: If it is your vehicle or in your control, you can carry a handgun on or about your person provided it is not in plain view, you can legally possess a handgun, you are not a member of a criminal street gang, and you are not engaged in a criminal act. There is nothing in the MPA that prohibits you from wearing your gun in a holster (or even tucked into your pants - though this is just asking for trouble).Blandtastic wrote:@3dfxmm: The information I got about the "under control" provision is from the CHL class I took a month ago here in Texas. The police have the right to confiscate the weapon or arrest the owner apparently. I called DPS and they told me the same thing. So, 1815 is legal just to keep the firearm out of reach of passengers and hidden from plain sight. Also it cannot be on your person. In short, I was definitely within the boundaries of the law.
I think the Killeen PD lieutenant was confused about the issue. She did tell me that if the firearm was within reach that she would detain me and possibly arrest me if she felt unsafe. You can beat the charge but you can't beat the ride. That is why I caution anyone from going through Killeen with a handgun concealed under 1815 without a CHL. They apparently feel that they have the right to harrass you for following the law.
As far as telling the officer that I had a weapon in the car, I feel like it is just common courtesy. Better to tell the cops up front and get it out of the way than get arrested when they freak about a gun that you didn't tell them about. I am sympathetic to the stresses involved with their line of work and try to look at it from their point of view.
What I get for being polite I guess.
HB1815 - Motorist Protection Act
Now, carrying on body under MPA could be problematic if an officer requests you to exit your vehicle because then you would be carrying w/o a license (assuming you don't have a CHL). So it's probably not a smart idea, but it certainly isn't illegal. Should someone be carrying on body under MPA (w/o a CHL), get pulled over and asked to exit the vehicle, I would think it smart to inform the officer that I was carrying a handgun Nader authority of the MPA, that it was on my person, that i was concerned i would violate MPA by exiting the vehicle, and ask the officer how they would like me to proceed. This lets the officer know 1) you are carrying legally (they may disagree as happened in your case), 2) you are being responsible and don't want to surprise them, & 3) you are willing to comply with their directions.SECTION 1. Section 46.02, Penal Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) A person commits an offense if the person [he]
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.
