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Quick Question about Castle Doctrine Law...

Posted: Wed Jan 23, 2008 1:17 pm
by The Annoyed Man
Let me start by saying that I am still waiting for my CHL to arrive in the mail, so I am not yet licensed to carry concealed.

I know that Texas' Castle Doctrine law allows one to carry a firearm inside the car, and to and from your home to the car, but, does the current law require that the firearm in the car be in plain view, or can it be concealed on one's person?

The reason I'm asking is that last night, we listed two cars for sale on AutoTrader.com, and people have already started calling this morning about coming over the see and test drive one of the vehicles. Since I don't know who any of these people are (although, in fairness to the ones who are going to be here in 15 minutes, they sound on the phone like nice people with kids), I deem it prudent to carry concealed on my person while out test driving with a prospective buyer, but I don't know if this is lawful or not.

Thanks for any input.

Re: Quick Question about Castle Doctrine Law...

Posted: Wed Jan 23, 2008 1:25 pm
by Cipher
Regardless of CHL status, the handgun must be concealed in the car. I'm not sure of the legalities of having it physically on your person while in the car, someone else will have to answer that one. In the end - would it really matter? If you have it on your person and someone tries something just make sure they won't be a very good witness. Then you can say the gun was in the glovebox.

Re: Quick Question about Castle Doctrine Law...

Posted: Wed Jan 23, 2008 1:33 pm
by The Annoyed Man
The car in question being seen in a few minutes is a small two seater pickup truck, so it would be the word of the thief against mine.

Re: Quick Question about Castle Doctrine Law...

Posted: Wed Jan 23, 2008 1:36 pm
by Charles L. Cotton
It's not the Castle Doctrine provides for car-carry without a CHL; it's HB1815.

You can have a handgun on your person while in your own motor vehicle.

Chas.

Re: Quick Question about Castle Doctrine Law...

Posted: Wed Jan 23, 2008 1:38 pm
by The Annoyed Man
Charles L. Cotton wrote:It's not the Castle Doctrine provides for car-carry without a CHL; it's HB1815.

You can have a handgun on your person while in your own motor vehicle.

Chas.
Thanks Chas for the definitive answer.

Re: Quick Question about Castle Doctrine Law...

Posted: Wed Jan 23, 2008 1:57 pm
by flintknapper
Hi TAM,

I see Charles already addressed your question.

If you have any available..."OC" might be something to consider taking along...(as a means of non-lethal defense).

Cross contamination (getting it on you) might be a concern inside a vehicle however, just be aware.

Thankfully, most folks that are "car shopping" are a decent lot, just like the rest of us, but.... if your "gut" tells you otherwise, simply refuse to show the vehicle.

Good luck with your sale.

Flint.

Re: Quick Question about Castle Doctrine Law...

Posted: Wed Jan 23, 2008 3:14 pm
by The Annoyed Man
Thanks for the help guys. I sold the truck. Here's the ad on autotrader.com that I posted just last night. It went to the first caller for a couple of hundred bucks less than I was asking.

Now, if anybody is looking to buy a used by well maintained 1995 Crown Victoria LX, PM me. :mrgreen:

Re: Quick Question about Castle Doctrine Law...

Posted: Tue Feb 12, 2008 7:39 pm
by AJSully421
+1 gun must be concealed, it does not specify where is allowed, or where is forbidden, thus you are free to choose. good luck with the sale.