Question regarding car carry

[gilraen]

Hi! I'm new here, but I think this is the right forum to post this question. I took the CHL class a month ago, and am in the wait stage.

My son (age 21) just took his CHL class Saturday. He said his instructor told him that -- despite the Castle Doctrine supposedly covering car carry (without a CHL) -- police here in Houston are likely to arrest people carrying in their car without a CHL, even if they haven't done anything wrong, and letting the court decide whether he broke any laws or not. Supposedly the LEO community in Houston doesn't like regular citizens being armed.

This is the first I've heard of this. Does anyone have any other information???

If this topic has already been discussed, a link to that topic would be much appreciated.
Thank you in advance for any comments.

[seamusTX]

Welcome to the forum.

From 2005 to 2007, the Texas Penal Code contained a presumption that a person was traveling if he was in a motor vehicle and other conditions were met. During that time, law enforcement in Harris County continued to arrest people who had a handgun in their vehicle and did not have a CHL.

In September 2007, the law changed to make it perfectly legal to have a handgun in your vehicle if all the conditions were met (listed below). I have not heard of anyone being arrested since then.

Also, District Attorney Chuck Rosenthal resigned. He was the main proponent of the old policy.

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:
(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.

- Jim