TexasCHLforum.com

As mentioned above, MPA now applies to you in your vehicle and IMO trumps the 30.06. As RPB stated, the information quoted on the DPS website is old, so that shows that the website was put together prior to MPA being put into law.

So, IMO, as long as it is in your car, you are not carrying under authority of your CHL, and 30.06 doesn't apply to MPA, so just disarm in the vehicle and rearm when leaving.

I have said it before and I will say it again - too many gray areas.

Fedaykin wrote:Some of those 1911's look pretty small up against the guts in some of the pictures you guys post

Guilty as charged, but now you're just being mean.

TexasGal wrote:Until something changes, you have no choice other than to park elsewhere and walk or go unarmed until you return home. Very annoying.

See my username.

johnson0317 wrote:

TAM is the MAN spelled backwards! Wait...that would be Mat. Or Nam.

Whatever, he is the man, and he is probably annoyed. I will put money on his opinion.

RJ

TAM, is this a relative of yours or is the check in the mail?

TPC section 30.06 only uses premises once, and that is in subsection e which deals with property that is government owned or leased. With that said parking lots can, unfortunately, be posted with valid enforceable signs.

G.A. Heath wrote:TPC section 30.06 only uses premises once, and that is in subsection e which deals with property that is government owned or leased. With that said parking lots can, unfortunately, be posted with valid enforceable signs.

Sure, so you can't walk around in the parking lot with your CCW...but you can carry when you're in the car, because you're not carrying under (authority of) your CHL.

carrying is one thing... transporting is another.

you can keep your weapon in your trunk, with ammo and weapon separated, without issue. the 30.06 prevents you from carrying, which is a weapon within reach or on your person.

if going home is the problem, you should just leave it in your trunk and when you're ready to leave the old folks home - pull into a gas station, load er up, holster away and breathe easily.



i just had CHL class yesterday, so this is fresh in my brain lol.

if im wrong, them my instructor was wrong because this exact question came up.

The Annoyed Man wrote:

Fedaykin wrote:Some of those 1911's look pretty small up against the guts in some of the pictures you guys post

Guilty as charged, but now you're just being mean.

Hey, I didn't say I don't have a gut, I just suck it in before I snap the picture!

ScottDLS wrote:

G.A. Heath wrote:TPC section 30.06 only uses premises once, and that is in subsection e which deals with property that is government owned or leased. With that said parking lots can, unfortunately, be posted with valid enforceable signs.

Sure, so you can't walk around in the parking lot with your CCW...but you can carry when you're in the car, because you're not carrying under (authority of) your CHL.

The way I read TPC 46.15(b)(6) is that Section 46.02 does not apply to a person who is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying. Meaning that the authority to carry the handgun in your vehicle as defined in 46.02(a)(2) as long as you don't meet any of the disqualifications in 46.02(a-1) does not apply seeing how you have your license and weapon on or about your person.

Placing the firearm in your trunk to avoid "carrying" the firearm in order to gain the protection of 46.02(a) may or may not get you arrested if caught but would need case law, or a revision to the penal code, to determine if it is a valid method. Unfortunately I am no longer dating a paralegal so I can not ask her to find things like this out for me regarding case law.

G.A. Heath wrote:

ScottDLS wrote:

G.A. Heath wrote:TPC section 30.06 only uses premises once, and that is in subsection e which deals with property that is government owned or leased. With that said parking lots can, unfortunately, be posted with valid enforceable signs.

Sure, so you can't walk around in the parking lot with your CCW...but you can carry when you're in the car, because you're not carrying under (authority of) your CHL.

The way I read TPC 46.15(b)(6) is that Section 46.02 does not apply to a person who is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying. Meaning that the authority to carry the handgun in your vehicle as defined in 46.02(a)(2) as long as you don't meet any of the disqualifications in 46.02(a-1) does not apply seeing how you have your license and weapon on or about your person.

Placing the firearm in your trunk to avoid "carrying" the firearm in order to gain the protection of 46.02(a) may or may not get you arrested if caught but would need case law, or a revision to the penal code, to determine if it is a valid method. Unfortunately I am no longer dating a paralegal so I can not ask her to find things like this out for me regarding case law.

The case being made in several posts above is that 30.06 doesn't apply when you are in your car because an element of the crime 30.06 is that you are carrying under authority of CHL. Since you don't NEED that authority to carry under MPA...you're not. If you want to be really safe, you can throw your CHL in the trunk. Then you're really not carrying under your CHL (since you don't have it with you). While I understand one may not want to be the proverbial test case, I suggest that the likelihood of such is extremely low. My advice to OP is leave it concealed in the car. I agree with Steve R and the other posters that this is legal.

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN. (a) A license holder commits an offense if
the license holder: (1) carries a handgun under the authority of Subchapter H, Chapter
411, Government Code, on property of another without effective
consent;

G.A. Heath wrote: The way I read TPC 46.15(b)(6) is that Section 46.02 does not apply to a person who is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying. Meaning that the authority to carry the handgun in your vehicle as defined in 46.02(a)(2) as long as you don't meet any of the disqualifications in 46.02(a-1) does not apply seeing how you have your license and weapon on or about your person.

Placing the firearm in your trunk to avoid "carrying" the firearm in order to gain the protection of 46.02(a) may or may not get you arrested if caught but would need case law, or a revision to the penal code, to determine if it is a valid method. Unfortunately I am no longer dating a paralegal so I can not ask her to find things like this out for me regarding case law.

I think this is where the rub lies. It has been argued that a license that entitles you to do something doesn't override something you can do without a license. So, in essence, when carrying in your car, the MPA would apply because it is available to all, even those without a license, and then the CHL kicks in when you step beyond that legality. A good example is open carrying around your home. If the CHL was overriding on that, then you would be guilty of intentional exposure.

Now, until there is actual case law, we may not know exactly how a judge would rule, but if I get in trouble over it, this will be my defense argument.

EDIT TO ADD: Scott kinda beat me to it with the exception of my example of open carrying at home.

Fedaykin wrote: Long story short, right now you park outside the parking lot, you need the exercise anyway. Some of those 1911's look pretty small up against the guts in some of the pictures you guys post

It's funny cause it's true!

Ummm....remind me not to post a naked picture of myself.

RJ

srothstein wrote:TAM, the problem is that section 30.06 does not use the word premises, but bars you from carrying on the property posted. So, it is legally possible to post a parking lot and prohibit carry there.

But, and I have posted this before, my opinion is that ti has no effect on someone in a car. The wording of 30.06 only applies to you when you are carrying under the authority of your CHL. I don't see carrying in your car as being under the authority of your CHL since ti is part of 46.02 that it is not illegal to carry in your car. The MPA made it one of the elements of the offense of unlawfully carrying to not be in a car you own or control. Since it is not illegal, and the CHL is an exception (or defense to prosecution) allowing carry when it is illegal, I don't see carrying in your car to be under the authority of your CHL.

I agree with srothstein with one addition. A gunbuster sign applies to people who are not carrying under the authority of a CHL, unless they have some other 30.05 exemption like a peace officer. So if the business posts a gunbuster and a 30.06 sign, that prohibits MPA and CHL guns.

know your busters

tbrown wrote: prohibits MPA

MPA covers in vehicle only anyway, so unless you were a CHL or Peace Officer (and I am sure a few others (DA, Judge, etc), you are already illegally carrying the weapon, if you are outside your vehicle and not to/from your residence (or business or mobile home or gun range)