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Motorist Protection Act
Posted: Wed Aug 12, 2009 1:08 pm
by Bird of Prey
Sorry for not searching this topic but I'm logged on here from work and some functions don't work here. I've read a few posts here stating that the Motorist Proctection Act allows us Texans to carry in our vehicles. Can anyone explain? I'm taking my CHL class in about a week and then have to wait the agonizing 100+ possible days to get my plastic.
Re: Motorist Protection Act
Posted: Wed Aug 12, 2009 1:53 pm
by tarkus
I'm not a lawyer. The short version is you can carry in your car if it's concealed and you're not a criminal.
Here's the actual law.
Sec. 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.
Re: Motorist Protection Act
Posted: Wed Aug 12, 2009 2:27 pm
by joe817
Bird of Prey wrote:Sorry for not searching this topic but I'm logged on here from work and some functions don't work here. I've read a few posts here stating that the Motorist Proctection Act allows us Texans to carry in our vehicles. Can anyone explain? I'm taking my CHL class in about a week and then have to wait the agonizing 100+ possible days to get my plastic.
Bird, the education you are receiving in this forum is incredible. Almost everything you read here regarding laws & regs is covered in class. You will be a step ahead, for sure, of your other classmates just for reading the posts here.
One thing you could do, if you wanted to, is to read the Texas Concealed Handgun Laws that comes from DPS. You will get a booklet when you take the class. But it's available for reading on the DPS website:
http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf" onclick="window.open(this.href);return false;
This is the exact booklet that was passed out to my class a few weeks ago. As I had time, I read it from cover to cover 3 times before I took the class. And it helped.
Re: Motorist Protection Act
Posted: Wed Aug 12, 2009 8:06 pm
by USA1
joe817 wrote:
This is the exact booklet that was passed out to my class a few weeks ago. As I had time, I read it from cover to cover 3 times before I took the class. And it helped.
that book is OK , but i'm waitin for the movie .
Re: Motorist Protection Act
Posted: Wed Aug 12, 2009 8:26 pm
by dicion
USA1 wrote:joe817 wrote:
This is the exact booklet that was passed out to my class a few weeks ago. As I had time, I read it from cover to cover 3 times before I took the class. And it helped.
that book is OK , but i'm waitin for the movie .
We can film it at your house.
I'll bring the airsoft pistols, and we can act out various scenes that are within, or not within compliance of the law, and show them in the video
Re: Motorist Protection Act
Posted: Wed Aug 12, 2009 9:37 pm
by USA1
dicion wrote:USA1 wrote:joe817 wrote:
This is the exact booklet that was passed out to my class a few weeks ago. As I had time, I read it from cover to cover 3 times before I took the class. And it helped.
that book is OK , but i'm waitin for the movie .
We can film it at your house.
I'll bring the airsoft pistols, and we can act out various scenes that are within, or not within compliance of the law, and show them in the video
can i be the
good guy ?
Re: Motorist Protection Act
Posted: Wed Aug 12, 2009 10:13 pm
by joe817
Re: Motorist Protection Act
Posted: Wed Aug 12, 2009 10:30 pm
by USA1
what will your wife be cooking ?
i'm partial to grilled steak .
Re: Motorist Protection Act
Posted: Wed Aug 12, 2009 10:38 pm
by joe817
USA1 wrote:
what will your wife be cooking ?
i'm partial to grilled steak .
Absolutely! She makes the best grilled tofu burgers around...we had that on the 4th of July, remember?
Re: Motorist Protection Act
Posted: Wed Aug 12, 2009 10:40 pm
by USA1
joe817 wrote:USA1 wrote:
what will your wife be cooking ?
i'm partial to grilled steak .
Absolutely! She makes the best grilled tofu burgers around...we had that on the 4th of July, remember?
i'll order a pizza
Re: Motorist Protection Act
Posted: Wed Aug 12, 2009 10:47 pm
by joe817
Re: Motorist Protection Act
Posted: Wed Aug 12, 2009 10:49 pm
by USA1
you'd better watch out , she might be looking over your shoulder
back on topic ...yes , you can carry a concealed firearm in you motor vehicle .
Re: Motorist Protection Act
Posted: Wed Aug 12, 2009 11:34 pm
by A-R
USA1 wrote:joe817 wrote:
This is the exact booklet that was passed out to my class a few weeks ago. As I had time, I read it from cover to cover 3 times before I took the class. And it helped.
that book is OK , but i'm waitin for the movie .
But seriously, I've been thinking lately that a movie script involving a person who defends themselves or others with a concealed gun and the the repercussions and fallout of that (legal, moral, ethical, otherwise) - if written, filmed, and acted well - could be a powerful film drama ... maybe a quick "incident" at first of movie, followed by the immediate repercussions, then some courtroom drama etc. .... I'm thinking maybe along the lines of the general plot outline of "A Time To Kill" or maybe the first part of "A History of Violence" before the big plot twist that changed the whole tone of that movie.
Of course, Hollywood would never make a movie that glorifies honest law-abiding citizens using guns to defend themselves .... guns are only for bad guys and rogue cops/soldiers who "protect" us all.
Re: Motorist Protection Act
Posted: Thu Aug 13, 2009 7:14 am
by dicion
austinrealtor wrote:USA1 wrote:joe817 wrote:
This is the exact booklet that was passed out to my class a few weeks ago. As I had time, I read it from cover to cover 3 times before I took the class. And it helped.
that book is OK , but i'm waitin for the movie .
But seriously, I've been thinking lately that a movie script involving a person who defends themselves or others with a concealed gun and the the repercussions and fallout of that (legal, moral, ethical, otherwise) - if written, filmed, and acted well - could be a powerful film drama ... maybe a quick "incident" at first of movie, followed by the immediate repercussions, then some courtroom drama etc. .... I'm thinking maybe along the lines of the general plot outline of "A Time To Kill" or maybe the first part of "A History of Violence" before the big plot twist that changed the whole tone of that movie.
Of course, Hollywood would never make a movie that glorifies honest law-abiding citizens using guns to defend themselves .... guns are only for bad guys and rogue cops/soldiers who "protect" us all.
Plus the fact that people watching the movie would have to think, as it may challenge their previously held beliefs... not good for the general moviegoing public. They just wanna see explosions and witty catch phrases.
Re: Motorist Protection Act
Posted: Thu Aug 13, 2009 9:33 am
by redoregon
dicion wrote:USA1 wrote:joe817 wrote:
This is the exact booklet that was passed out to my class a few weeks ago. As I had time, I read it from cover to cover 3 times before I took the class. And it helped.
that book is OK , but i'm waitin for the movie .
We can film it at your house.
I'll bring the airsoft pistols, and we can act out various scenes that are within, or not within compliance of the law, and show them in the video
All joking aside, something like this would be REALLY USEFUL to guys like me, with a foreign-born spouse to whom English is a second language... legalese kicks her booty and *seeing* situtations from the book would *really* help her to understand what they're saying!