HB 1815 as passenger

[Shu]

Does the defintion of control mean that I have to be the one driving. If my wife is driving and the gun is under my seat is it legal to have a concealed gun.

[srothstein]

A part of the law is a car you own, so it kind of depends on if the car was owned by your wife before you got married (community property or not).

But to make it more clear, if you were riding as the passenger in my car, you could not legally carry under this law.

[Shu]

But if my wife is driving. I just want to know if I go on a trip I get tired and we switch and she starts to drive. Will i be legal.

[srothstein]

Sorry, that is why I asked whose car it was. If it is your car (as in joint property of you and your wife or solely yours), then you are legal no matter who is driving.

[shootthesheet]

If a non-CHL holder is asked if they have a weapon they should claim it. If there is a loaded gun in the car a CHL holder should claim it no matter where it is, if asked for ID or if there is a weapon in the car. I say that just to cover the CHL holder. The LEO might consider the gun to belong to the non-CHL holder, but why take the chance.

Hopefully, Austin will change the law about CHL holders being forced to inform. We must but those who have had no checks don't. That is just crazy. I will still inform but, it should be my choice and I should not be punished for not showing my CHL or telling the LEO unless asked if I am carrying. They will ask if they suspect something, I assume. Then the CHL holder can tell the LEO they are armed just like a non-CHL will. My point is that we should be trusted far more than those who didn't spend time and money to exercise this privilege.

[seamusTX]

In my personal opinion, relying on HB 1815 is skating on thin ice.

Yes, the law now says that you can carry a handgun in your car. The problem is that Texas police have been arresting people that they find with handguns in their cars since cars were invented. Many have not been trained about the new law, and some police chiefs and DAs are openly hostile to it. That adds up to the possibility of a nuisance arrest, even if the charge is dropped.

There is also no case law on this issue, because it is so new. For example, the law says that you can carry a handgun from your home or business to your vehicle, but not in the other direction. That is obviously a mistake, and a court would probably agree, but who wants to pay the legal fees to get that settled?

OTOH, if you don't fit a criminal profile, the chance of being searched is very low. I haven't had my vehicle searched for over 30 years, and my wife has never had hers searched.

My advice is to get a CHL and be done with it.

- Jim

[nils]