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alamo5000
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Joined: Tue Apr 20, 2010 8:57 pm

Newbie

#1

Post by alamo5000 »

I am brand new to this board and I am waiting on my CHL to arrive in the mail.

I have a couple of questions...

The first one is a question regarding House Bill 1815.

That bill allows a person to 'travel' in their vehicle with a handgun WITHOUT a CHL. However the place that I am looking at states clearly that a stipulation of that to be "The person must own or control the motor vehicle."

SO, if a buddy of mine asks me to go to San Antonio for the weekend and we ride together...and for whatever reason if we were stopped by a cop and lets say were 100% open about it... could I get in trouble for having a weapon in my friend's vehicle?

A follow up question would be, WITH a CHL what are, if any rules regarding riding as a passenger in another person's vehicle with a weapon?
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Charles L. Cotton
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Re: Newbie

#2

Post by Charles L. Cotton »

Welcome to the TexasCHLforum.

The Motorist Protection Act (HB1815) has nothing to do with "traveling." The bill revised the offense found in TPC §46.02 such that it is no longer illegal to have a handgun in your motor vehicle, or one under your control. Under your scenario, you could not legally carry in your friend's car without a CHL, unless you are driving.

With a CHL you would be fine.

Chas.

Topic author
alamo5000
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Joined: Tue Apr 20, 2010 8:57 pm

Re: Newbie

#3

Post by alamo5000 »

So without a CHL any gun in my friend's car would have to belong to my friend.

With a CHL though, I can carry in his vehicle as a passenger without a problem. Correct?

If I am a passenger though and now lets say I have a CHL (which I will soon) and he gets stopped for speeding... what is proper etiquette for dealing with the officer? Should I sit down and shut up? Or should I give my ID's to my friend to present to the cop or what? I am pretty sure that most cops don't like surprises...

Hence what is appropriate?
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The Annoyed Man
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Re: Newbie

#4

Post by The Annoyed Man »

alamo5000 wrote:So without a CHL any gun in my friend's car would have to belong to my friend.
Correct to a point, as long as he is driving. More importantly, any gun in the car has to not be in your possession, unless it is an unloaded firearm merely being transported in an appropriate container. Your friend can be driving his car and giving you a ride to the range. Your guns can be in the car. You just can't have them concealed on your person and loaded. If you are driving his car (which means you are in control of it), you may carry your gun concealed on your person in his car, because you are in control of the vehicle and the firearm.
alamo5000 wrote:With a CHL though, I can carry in his vehicle as a passenger without a problem. Correct?
With your CHL on your person, you may carry a gun anywhere that is not specifically forbidden by law, such as a 30.06 posted business, or a 51% establishment, or a courtroom.
alamo5000 wrote:If I am a passenger though and now lets say I have a CHL (which I will soon) and he gets stopped for speeding... what is proper etiquette for dealing with the officer? Should I sit down and shut up? Or should I give my ID's to my friend to present to the cop or what? I am pretty sure that most cops don't like surprises...

Hence what is appropriate?
Unless the officer asks you for your ID, you are not required to volunteer anything, whether or not you are carrying a gun. If you are carrying, and the officer asks you for your ID, you are required to show both your TDL and your CHL.
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