Castle law tested yet???

[Rockrz]

We've all heard about the "Castle Law", or "Castle Doctrine" that the Texas Legislature passed in November of 2007 that enable you to carry a concealed gun in your vehicle, your workplace, and of course your home.

Question is, has there been any court cases thrown up yet to test this...in an attempt to defeat it in court and set a legal precedent against this?

Like, somebody arrested for having a handgun concealed in their vehicle and not having a CHP ?

Be interesting to know what the left is trying to do to overturn this in court.

[boomerang]

It was legal to carry a handgun on your property (home or business) long before there was a CHL in Texas.

HB1815 created a UCW exemption for your car, extending the long standing "traveling" exemption.

The Castle Law is something else and applies to bare hands as much as handguns.

[Rockrz]

I knew it was always legal to carry in ones home

So, has there been any testing of the right to carry in your vehicle and workplace without having a CHL?

[Frost]

You can carry in your vehicle or in premises under your control. You must be "in control" of your workplace to carry there unlicensed.

The castle doctrine was not a carry law, it regulated the use of force.

[Charles L. Cotton]

It is no longer illegal to carry a handgun in your car or one under your control. It is illegal to carry a handgun in such a car if it is in plain view, or if you 1) are engaged in criminal conduct other than Class C traffic violations; 2) prohibited from possessing firearms under state or federal law; or 3) if you are a member of a criminal street gang as defined in TPC Chp. 71.

As others have said, there isn't really anything to test, as this is not a defense to prosecution and has nothing to do with "traveling." It simply isn't illegal.

Chas.

[Rockrz]

OK, I was just curious is there had been any testing in court.

Just because a law is very clear & simple doesn't mean liberal
lawyers and judges won't seek to set a precedent against it
in an attempt to protect those poor criminals who have been
"damaged by society, which causes them to do crime"

As though those doing crime cannot help themselves
and somehow society is to blame for their condition.

[Liberty]

OK, I was just curious is there had been any testing in court.

Just because a law is very clear & simple doesn't mean liberal
lawyers and judges won't seek to set a precedent against it
in an attempt to protect those poor criminals who have been
"damaged by society, which causes them to do crime"

As though those doing crime cannot help themselves
and somehow society is to blame for their condition.

The fact that the law has been in effect for over a year, and we aren't reading about law abiding folks being prosecuted for carrying in their cars. Speaks volumes.
The law is so clear the LEOs aren't testing it. The AGs aren't prosecuting it, and the Judges aren't seeing it. The resistance to allowing concealed carry destroyed Chuck Rosenthals career ( biggoted emails was just an excuse) and I doubt if any DA would be so foolish to challange this law again. IT simply isn't good for ones political health.

[Rockrz]

Great! That's what I was looking for.
I figure if there had been any legal testing you guys would have heard about it.

This is good for those wanting to protect themselves against an increasingly
violent world out there.

[Fangs]

I was looking up knife laws around the time that this was being passed and ended up on a LEO forum. One poster who claimed to be LEO said he'd haul you to jail if he found out you had a gun. If you as much as thought about resisting / reaching for the gun he'd "blow your brains out and his story would be the only one anyone would hear".

That's as close as I can quote from memory. Left a very bad taste in my mouth. A couple other posters agreed with him, someone claiming to be a defense lawyer said he'd take the first case free of charge.

I didn't really have a point with this, and I'm still not clear on knife laws. Doesn't mean I don't carry my sharp pointy object.

[Rockrz]

May very well have been an actually attorney...cause he know he'd be
on the right side of the law, which would make it an easy case to
win, which would get him alot of free publicity, which would further
his carreer as an attorney, which might get him moved up to partner
in some big law firm, which would enable him to make millions,
which would enable him to be a rich brat!

Probably was an attorney...

[dewayneward]

Yea, sounds like a 12 year old kid with time on his hands.....Kinda like me when I got my first CB radio and what talk smack to the truck drivers (dad shoulda never let me watch BJ and the bandit, ha ha)

While it is possible the person you mentioned was a LEO, ALL of the LEO's that I have spoke with are perfectly fine with conceal carry in the car (And CHL's for that matter). It is possible that you got some cadet or rookie with momma's milk still on his breath. We all know (and I am sure have done it ourselves) once we initially learn something (especially true if you listen to some of the windbag examples in the CHL classes, ha ha) we think that is the golden rule.

For example, my neighbor got her Real Estate license (and I was more familiar with the process than she was) and was telling me that she would never do X or x. I laughed and said that she would do whateveri s necessary to sell the house and it boils down to the commission.....sure enough

[Rockrz]

Kinda like me when I got my first CB radio and what talk smack to the truck drivers (dad shoulda never let me watch BJ and the bandit, ha ha)

That brings back memories!

Me and my little brother got dad's car keys on Sunday afternoon while he was napping (watching the Cowboys) and we went out to his car to play with his new CB radio.

So, we get on there and we start using some curse words (we learned from dad), and some gruff trucker gets on there and warns us to not curse on the radio (my how language on the CB has changed...), but we kept on cursing. He came back and said if we didn't quit he'd find us a "whip our *ss" (OK, so we had started talkin 'bout his momma and them...)

So, we challenged him and told him we would be in the local mall parking lot...and he actually said he was already right down the road from there and he was on the way...

So, we jumped on our bicycles and rode up to the mall...and sure enough there was an 18 wheeler going around the outer parameters of the very large mall parking lot...but we decided to not identify ourselves as the guys he had talked to on the CB.

We laughed for a long time over this cause this guy seemed to be very, very ticked off and seemed to be serious about "whippin that *ss"
Lots of fun that CB radio

[dewayneward]

That is HILARIOUS!!! The things that kids do...its amazing that we are actually alive today over some of it. Course, then we want to make sur our kids NEVER hear about it

I use to get on that CB and use all the signs and CB talk. Thankfully it didnt have a GPS or I wouldnt be here today