Moderator: carlson1
flb_78 wrote:In plain view is anything above the window line. When Im in my van, it sits on the center console. It is below the window line and it's legal. I could keep it in my lap and it would be legal just as long as the handgun stays below the window line.
Not to be argumentative but the Baker Act adopted by Florida in the 70s allows a person to be involuntarily detained for up to 72 hours for observation in order to determine if they are a threat to themselves or others. And the last time i checked...Florida was still in the US. Nor do i think any criminal charges need to be brought to do so.That is my opinion on the guidelines, but it also certainly shows that there is no way a person can be held for 72 hours in the US.
Art. 14.06. [217] [264] [252] MUST TAKE OFFENDER BEFORE
MAGISTRATE. (a) Except as provided by Subsection (b), in each case
enumerated in this Code, the person making the arrest or the person
having custody of the person arrested shall take the person
arrested or have him taken without unnecessary delay, but not later
than 48 hours after the person is arrested, before the magistrate
who may have ordered the arrest, before some magistrate of the
county where the arrest was made without an order, or, to provide
more expeditiously to the person arrested the warnings described by
Article 15.17 of this Code, before a magistrate in any other county
of this state. The magistrate shall immediately perform the duties
described in Article 15.17 of this Code.
Your quote has nothing to do with your statement. Texas also has a 72 hour involuntary committment, but an emergancy order for a judge is required.pt145ss wrote:Not to be argumentative but the Baker Act adopted by Florida in the 70s allows a person to be involuntarily detained for up to 72 hours for observation in order to determine if they are a threat to themselves or others. And the last time i checked...Florida was still in the US. Nor do i think any criminal charges need to be brought to do so.That is my opinion on the guidelines, but it also certainly shows that there is no way a person can be held for 72 hours in the US.
Art. 14.06. [217] [264] [252] MUST TAKE OFFENDER BEFORE
MAGISTRATE. (a) Except as provided by Subsection (b), in each case
enumerated in this Code, the person making the arrest or the person
having custody of the person arrested shall take the person
arrested or have him taken without unnecessary delay, but not later
than 48 hours after the person is arrested, before the magistrate
who may have ordered the arrest, before some magistrate of the
county where the arrest was made without an order, or, to provide
more expeditiously to the person arrested the warnings described by
Article 15.17 of this Code, before a magistrate in any other county
of this state. The magistrate shall immediately perform the duties
described in Article 15.17 of this Code.
Maybe not so much ambiguous as not well worded; apparently I could legally finger-twirl the gun (while juggling a bowie knife and a PR24 with the other hand) all the way across the parking lot *to* the car, but as soon as it passes into the car, I'd be in violation by having the gun in plain view. (Odd that, apparently, illegal knives and clubs need not be concealed.)txinvestigator wrote:How is that ambigious? If it is in plain view, the person committs an offense.
I think you need to rethink this one.flb_78 wrote:In plain view is anything above the window line. When Im in my van, it sits on the center console. It is below the window line and it's legal. I could keep it in my lap and it would be legal just as long as the handgun stays below the window line.
The question that flb_78's trying to get asked/answered has not been properly asked/defined, IMHO.txinvestigator wrote:I don't see the confusion. It was written this way so on your own property you are not limited in how you can carry. But in your car it must be concealed.§ 46.02. Unlawful Carrying Weapons.
Statute text
(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.
I always thought it was about the police officer also. A police officer is gonna get real jumpy if he approaches a vehicle and first thing he sees is a handcannon laying on a console. Concealing the gun gives the officer a chance to access the situation, and the people, without being distracted by a gun. If an officer approaches a vehicle and the first thing he/she sees is a handgun most are gonna draw on you.kw5kw wrote:
The answer is: So the drive in bank teller can't see it and fear for a bank robbery; the same reason that the McDonalds/Wendy's/Jack-In-The-Box, &c. drive through attendant can't see a weapon and fear for a robbery either. Remember that there are a bunch of hoodlums out there that carry for other means than self-protection.
It's a "sheeple" application of the law to placate those who don't like guns and get scared when they see one.
My simple opinion and none other.
Let's muddy the waters some more; how would "plain view" and "concealed" apply to something that's (a) disguised, or (b) sufficiently (but not completely) obscured that its nature is not immediately discernible?grim-bob wrote:Plain view is exactly that. If you are pulled over and an officer can see it then it is in plain view and you are breaking the law. The case law is Coolidge vs New Hampshire ruled on by SCOTUS I think but I am far from a lawyer.
Yes I would. There's nothing illegal about car carry, there's nothing illegal about having a gun on the console below the window line.seamusTX wrote:If there's a 1% chance of that happening, do you want to take it?flb_78 wrote:I would hope he would not act like a actor from "COPS" and scream "GUN!!!!" and then try to manhandle me to the ground.
- Jim
My CHL instructor explained that its usually better to not to throw surprises at an LEO during a traffic stop or other encounter. That is why if stopped I will present my license and CHL, and let him ask if I'm carrying. Its concidered bad form to pronounce "I have a Gun!" catching an officer off guard is likely to to cause some kind of reaction.flb_78 wrote:My instruction course was taught by a man who helped write the CHL laws. The definition of concealed is out of view from a reasonable person. I would hope that if I were to be pulled over and the officer walked up and saw my gun, he would then ask if I had a license for it. I would then expect him to take control of my gun and place it on the roof of the vehicle. I would hope he would not act like a actor from "COPS" and scream "GUN!!!!" and then try to manhandle me to the ground.
