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I tried to search, and found some good info on HOW to carry in the car under MPA, but I have question (possibly dumb ones) that I can't find answers to.

I don't have my CHL yet. I'm taking my class at the end of the month, so right now, I'm not even "in the queue."
Most of the discussions I found about MPA pertained to people that also have their CHL already.

Two questions:
1) Can I wear a holstered gun in my car under MPA if I don't have my CHL? (Everything I've read says it must be concealed, but I don't know if that just means console/glove box/covered by a towel on the passenger seat, or if it's ok to have it ON me as long as I don't stop somewhere and get out of the car with it unless I'm taking it into my home.)

2) Locking it up - I don't have a lockbox yet. Is a locked glovebox sufficient, if I have to stop somewhere between home and my destination, or while I'm at my destination?

I know there are no stupid questions, but I feel kinda dumb for asking. LOL

Thanks!

Having it holstered can be tricky because if you are pulled over and asked to step out of the car you are in violation of the law, second it does not need to be in a case or locked glove box however it is a good idea.

Thanks, MM. I definitely understand what you are saying about getting pulled over and asked to step out of the car....but I am not sure where else to put it. I figured if it was ON me, then it was secured and in easy reach.
I don't have the funds at the moment to buy any gear for the car, so I'm not sure what my other options are.

discoqueen wrote:Thanks, MM. I definitely understand what you are saying about getting pulled over and asked to step out of the car....but I am not sure where else to put it. I figured if it was ON me, then it was secured and in easy reach.
I don't have the funds at the moment to buy any gear for the car, so I'm not sure what my other options are.

Leaving it in the glove box is a good start, I would not lock it when I was in the car because the point of having a gun is quick access, I would lock it when not in the car. There is no law afaik that requires it to be in a lockbox or anything else only that it is concealed. The center console or between the seats is also a good option sometimes.

I even asked the troopers (off-line, during a break) at my CHL Instructor's class about holstered in the car under MPA. It's not a stupid question, and it comes up all the time. The party line answer was that holstered in the car, as long as it's concealed, meets the definitions of MPA.

--BUT-- (you knew there was a but, didn't you?)

The plain and simple answer to "what if I'm asked to step out of the car by an LEO" was that there have been no test cases, so there's not a good answer for the LEO on the street (which of course is different than in the courtroom.) In short, it would depend upon the individual officer. One of the gentlemen I was talking to suggested he would likely have no problem with it, but the other one I was talking to suggested he might, depending on the "totality of the circumstances" -- and both of them are generally pro-carry. They'd like to have a straight answer to the question themselves, BTW.

Unfortunately, with no test cases, nobody can give a "straight" answer to this one. By the letter of the law (MPA) holstered in the car, concealed, is just fine. The rub comes into play if asked to step out of the car. I would think that one could make a good case that, when acting under the direction of a police officer, you couldn't be held responsible for UCW (unlawful concealed weapon) since there was no element of intent or recklessness. PROVIDED YOU CAN AFFORD TO MAKE THE DEFENSE (the usual rub in such cases, especially where there's no precedent).

I am not a lawyer, and I didn't stat at a Holiday Inn Express last night.

The Mad Moderate wrote: Leaving it in the glove box is a good start, I would not lock it when I was in the car because the point of having a gun is quick access, I would lock it when not in the car. There is no law afaik that requires it to be in a lockbox or anything else only that it is concealed. The center console or between the seats is also a good option sometimes.

I would probably only use the glovebox if I was stopping somewhere. I can't reach it very well from the driver's seat in any of our vehicles - the curses of being a shorty I guess. Center console may work, however, if I cover it with a towel or something and leave the lid open.

cbunt1 wrote:

I even asked the troopers (off-line, during a break) at my CHL Instructor's class about holstered in the car under MPA. It's not a stupid question, and it comes up all the time. The party line answer was that holstered in the car, as long as it's concealed, meets the definitions of MPA.

--BUT-- (you knew there was a but, didn't you?)

The plain and simple answer to "what if I'm asked to step out of the car by an LEO" was that there have been no test cases, so there's not a good answer for the LEO on the street (which of course is different than in the courtroom.) In short, it would depend upon the individual officer. One of the gentlemen I was talking to suggested he would likely have no problem with it, but the other one I was talking to suggested he might, depending on the "totality of the circumstances" -- and both of them are generally pro-carry. They'd like to have a straight answer to the question themselves, BTW.

Unfortunately, with no test cases, nobody can give a "straight" answer to this one. By the letter of the law (MPA) holstered in the car, concealed, is just fine. The rub comes into play if asked to step out of the car. I would think that one could make a good case that, when acting under the direction of a police officer, you couldn't be held responsible for UCW (unlawful concealed weapon) since there was no element of intent or recklessness. PROVIDED YOU CAN AFFORD TO MAKE THE DEFENSE (the usual rub in such cases, especially where there's no precedent).

I am not a lawyer, and I didn't stat at a Holiday Inn Express last night.

Well of course there is a "BUT" - there always is, isn't there?

First, I don't plan to get pulled over. I drive the speed limit, use my turn signals, come to complete stops at stop signs......BUT.....I sure as heck wouldn't want to be a test case if I did get pulled over for something like a burned out tail light and asked to step out for some reason.

Guess I'll try out the console for now and see how that works til I either get my CHL or can afford to purchase another holster (or three) for the cars.

Thanks guys!

discoqueen wrote:

The Mad Moderate wrote: Leaving it in the glove box is a good start, I would not lock it when I was in the car because the point of having a gun is quick access, I would lock it when not in the car. There is no law afaik that requires it to be in a lockbox or anything else only that it is concealed. The center console or between the seats is also a good option sometimes.

I would probably only use the glovebox if I was stopping somewhere. I can't reach it very well from the driver's seat in any of our vehicles - the curses of being a shorty I guess. Center console may work, however, if I cover it with a towel or something and leave the lid open.

I wouldn't worry about leaving the console open. If you are right handed, you will probably be able to open the console as fast or faster than you will be able to draw from a holster while seated in the car. Just try it sometime (unloaded weapon of course.)

Now, if you are a lefty, then in the drivers door pocket with a towel over it works well for those I know who carry that way.

Keith B wrote: I wouldn't worry about leaving the console open. If you are right handed, you will probably be able to open the console as fast or faster than you will be able to draw from a holster while seated in the car. Just try it sometime (unloaded weapon of course.)

Now, if you are a lefty, then in the drivers door pocket with a towel over it works well for those I know who carry that way.

The car I usually take down into Dallas (the more fuel efficient one) has a weird double lid on the console. Top one is very shallow, bottom one is deeper and where I was thinking I'd put it. I never get the bottom one open on the first try - I always hit the wrong button and end up opening the top one first - which is why I was thinking I'd leave it open.

As far as the holster goes, I was thinking appendix or cross draw - but I'll cross that bridge after I get my plastic.

Accessibility, with ability to leave it in the car without UN-concealing ...
Wilderness Safepacker
attaches to seatbelt, concealed, but attached so it won't fly around on quick stops., accessible, and it stays in the car when you get out, unless you take it out and attach it to your belt as I have to go in at Walmart or hand carry it.
Depending on size of compartment/console/gun/Safepacker, It could also be put in a locked glove compartment/center console/locked box under seat etc if leaving it in a car when going in somewhere if you have no CHL.

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I gave this some thought when I was carrying that way every day without a CHL.
I worked in a gun store where carry at work was encouraged by the owner, in New Mexico (an open carry state), but lived in Texas.
I can legally take my firearms from my residence to my vehicle and back for any lawful purpose (going to the range or whatever), so I'm ok there.
Once I cross the line into New Mexico, I'm fine, in or out of the vehicle.
Not planning on getting out of my pickup between the time I leave home and the time I get to work.
Potential problem was getting stopped in Texas and asked to step out.
I figured I'd just inform the LEO that I was carrying and did not have a CHL.
He would know I'm legal under MPA. (I did ask a couple of local cops and one DPS officer questions about MPA and they all seemed familiar with it.)
Figure it would have to be a real jerk to ask me to step out of the vehicle where I'm legal and then arrest me for carrying illegally outside the vehicle when he knew I had it and asked me to get out. (And could possibly beat that in court on entrapment or something. But I'm trying to avoid going to court.)
This is a rural area with lots of hunters and probably quite a few CHLs. No one around here gets too excited about someone having a gun.
In Dallas or Houston? Who knows. But here I'd be really surprised if it was a problem unless I was being a jerk and making him want to find something to get me on.
I did, on more than one occasion, leave the house with the pistol on my belt and then decide I needed something from the convenience store (in Texas) to eat or drink on the way to work. I'd usually unholster and leave the pistol in my pickup and walk in the store open carrying an empty holster. No one ever mentioned it. Once when I did that, there were two police officers in the store and one of them for sure looked right at my holster and then at me and went right on talking to the other officer and never said a word to me. I think he had a pretty good idea that I'd just unholstered to go inside. Had a mag pouch with a loaded mag on the other side too. No law against carrying ammo around openly.

mgood wrote:I gave this some thought when I was carrying that way every day without a CHL.
I worked in a gun store where carry at work was encouraged by the owner, in New Mexico (an open carry state), but lived in Texas.
I can legally take my firearms from my residence to my vehicle and back for any lawful purpose (going to the range or whatever), so I'm ok there.
Once I cross the line into New Mexico, I'm fine, in or out of the vehicle.
Not planning on getting out of my pickup between the time I leave home and the time I get to work.
Potential problem was getting stopped in Texas and asked to step out.
I figured I'd just inform the LEO that I was carrying and did not have a CHL.
He would know I'm legal under MPA. (I did ask a couple of local cops and one DPS officer questions about MPA and they all seemed familiar with it.)
Figure it would have to be a real jerk to ask me to step out of the vehicle where I'm legal and then arrest me for carrying illegally outside the vehicle when he knew I had it and asked me to get out. (And could possibly beat that in court on entrapment or something. But I'm trying to avoid going to court.)
This is a rural area with lots of hunters and probably quite a few CHLs. No one around here gets too excited about someone having a gun.
In Dallas or Houston? Who knows. But here I'd be really surprised if it was a problem unless I was being a jerk and making him want to find something to get me on.
I did, on more than one occasion, leave the house with the pistol on my belt and then decide I needed something from the convenience store (in Texas) to eat or drink on the way to work. I'd usually unholster and leave the pistol in my pickup and walk in the store open carrying an empty holster. No one ever mentioned it. Once when I did that, there were two police officers in the store and one of them for sure looked right at my holster and then at me and went right on talking to the other officer and never said a word to me. I think he had a pretty good idea that I'd just unholstered to go inside. Had a mag pouch with a loaded mag on the other side too. No law against carrying ammo around openly.

I'd be willing to bet that once the officer saw your empty holster he was looking to make sure both hands were empty. I know the first thing I would think if I saw an empty holster would be a drawn weapon.

jmra wrote:I'd be willing to bet that once the officer saw your empty holster he was looking to make sure both hands were empty. I know the first thing I would think if I saw an empty holster would be a drawn weapon.

He didn't seem too excited. I saw him look at the holster and then he looked me in the eyes. I nodded, he nodded, then he returned his attention to the other officer who was still talking to him and I went past them to the cooler to get a drink.

discoqueen wrote:The car I usually take down into Dallas (the more fuel efficient one) has a weird double lid on the console. Top one is very shallow, bottom one is deeper and where I was thinking I'd put it. I never get the bottom one open on the first try - I always hit the wrong button and end up opening the top one first - which is why I was thinking I'd leave it open.

I have a Nitro which has the same sort of set-up you described. My Glock 30 fits perfectly into the top, shallow part. The only time I have to leave it there is when I am in my scrubs (don't want them down around my ankles), and when I am at my daughter's soccer games. It would be faster to get at it from the console vs my IWB, but I leave it IWB whenever the above two scenarios do not apply. It is just a hassle trying to get it out of the console and into the IWB when I park somewhere. It is funny how quickly I can holster it at home, and how long it can take to do it when you are out in public. That little bit of anxiety seems to mess things up.

RJ

Sorry if i am hijacking the thread, but my question is very similar to OP.

I am in the process of getting my CHL. Done the online app, just need to take the class. I just bought my CC firearm and it should be at the FFL next week. I'd like to take it to the range near work at lunchtime. Is it legal to leave the gun in the car while I am in the office or am I only ok driving to/from the range?

The first part depends on your work rules. Normally you can have it in your car in the parking lot as long as it is concealed (Glove box, Console etc). In Texas you can have it in your car pretty much all the time as long as it is concealed. (If you are committing a crime all bets are off, Post Office is off limits etc.)