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Car Carry Legal now?
Posted: Wed Nov 28, 2007 2:22 pm
by oldboyshooter
This has probably been asked and answered, so don't shoot the questionaire. I know that the legislature passed a law (originally ambigious at best) which allowed persons who can legally own firearms to carry pistols in his or her car. I also know that the law was so poorly written that the Harris County DA said if they were stopped, and did not have a CHL, they would be arrested (what a jerk).
Have they restructured the wording in the original law to allow carry in your car without a CHL.
My wife and I have our CHl's and carry all the time (except at work). A friend asked the question and he quoted the Houston Chronicle article discussion with the Harris County DA (I forget his name, Don't care to know it I guess) about arresting anyone with a pistol in the car without a valid CHL. My friend did state that the Chronicle article was some time ago.
I hope the Legislature got it corrected, but knowing they way they work, it could be another 4 years in the making.
Thanks for the input
Posted: Wed Nov 28, 2007 2:54 pm
by DoubleJ
What they did is reword (i think) 46.02 so that having a HandGun in your vehicle is not a crime. there are stipulations, of course (being that you're not in a gang, not committing a crime (other than speeding), and it must be concealed).
It's no longer a crime, so you can't be arrested. in theory, at least.
one perk. if you're not carrying a CHL, you have no duty to tell the officer you are packing your brand new HiPoint (I jest), and since you're not commiting any other crimes, you won't consent to a search otherwise, the police officer won't ever know it (the illustrious HiPoint) was there.
YMMV, IIRC IANAL.
Posted: Wed Nov 28, 2007 4:02 pm
by seamusTX
Correct, you can legally have a concealed handgun in a vehicle that you own or control.
DoubleJ wrote:... you have no duty to tell the officer you are packing your brand new HiPoint (I jest), and since you're not commiting any other crimes, you won't consent to a search otherwise, the police officer won't ever know it (the illustrious HiPoint) was there.
That's true. You have no duty to inform. However, if the officer asks if you are armed or have weapons, it is illegal to lie.
- Jim
Posted: Wed Nov 28, 2007 5:04 pm
by pt145ss
seamusTX wrote:Correct, you can legally have a concealed handgun in a vehicle that you own or control.
DoubleJ wrote:... you have no duty to tell the officer you are packing your brand new HiPoint (I jest), and since you're not commiting any other crimes, you won't consent to a search otherwise, the police officer won't ever know it (the illustrious HiPoint) was there.
That's true. You have no duty to inform. However, if the officer asks if you are armed or have weapons, it is illegal to lie.
- Jim
Can you refuse to answer or is that obstruction or something? If you do refuse to answer does that give the officer enough probable cause to search?
Posted: Wed Nov 28, 2007 5:11 pm
by seamusTX
pt145ss wrote:Can you refuse to answer or is that obstruction or something? If you do refuse to answer does that give the officer enough probable cause to search?
You are not obligated to answer any question that a police officer asks, except your name and address (IIRC).
Your refusal to answer (which is your right) is not on its face probable cause. It's legal to have a weapon in your vehicle, so refusing to say whether or not you have on is no different from refusing to answer whether you have a donut in your vehicle.
I suppose it could be considered an element of suspicious behavior, combined with other factors. Issues like this go to appeals courts frequently.
- Jim
Posted: Wed Nov 28, 2007 5:43 pm
by SkipB
If it is within your legal right to have a pistol in your car then why wouldn't you answer the nice Officer's question
Posted: Wed Nov 28, 2007 5:52 pm
by seamusTX
SkipB wrote:If it is within your legal right to have a pistol in your car then why wouldn't you answer the nice Officer's question
Some people just don't like answering questions.
Personally, I try to keep the police happy. Where I grew up, people who made the police unhappy tended to get headaches.
- Jim
Posted: Wed Nov 28, 2007 5:54 pm
by SkipB
I hear ya Jim.
I agree
Posted: Wed Nov 28, 2007 9:59 pm
by ahamilton
SkipB wrote:If it is within your legal right to have a pistol in your car then why wouldn't you answer the nice Officer's question
Maybe I'm spoiled by the fine law enforcement in my area (Williamson County Sherrif), but I can't imagine not telling an officer that I've got a gun in my car. I think it is a courtesy I'll always choose to extend when stopped.
Posted: Wed Nov 28, 2007 10:32 pm
by pt145ss
I have a CHL and always inform as per law, I just thought i would ask the question.
Posted: Thu Nov 29, 2007 8:27 am
by txinvestigator
Texas Penal Code
46.02(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters
Posted: Thu Nov 29, 2007 9:05 am
by stevie_d_64
DoubleJ wrote:YMMV, IIRC IANAL.
This needs to be your new tag line!!!
Which I need to add to mine something like
and
Posted: Thu Nov 29, 2007 9:15 am
by stevie_d_64
BTW, as much as I would like to not have to have a CHL to exercise this right to keep and bear arms...
I have always believed that if you are committed and serious about carrying a firearm in this manner, it would be good to seriously get the Texas CHL, or at least get the ball rolling on that process...
Just my opinion...
Posted: Thu Nov 29, 2007 12:37 pm
by DoubleJ
stevie_d_64 wrote:DoubleJ wrote:YMMV, IIRC IANAL.
This needs to be your new tag line!!!
thought you'd like that.
Thanks TxI for posting the code.
I agree that you (morally) should inform an officer if he asks directly, I was just saying that under normal circumstances, it shouldn't even come up, and therefore it should not be an issue.
Posted: Fri Nov 30, 2007 12:37 am
by mkim1120
my business is located right next door to a police station so i get to speak w/ alot of officers (HPD) and they give me mixed answers about the new law of carrying a concealed weapon in ones vehicle.
90% of them say the DA wont even give them a straight answer on if it is okay
so even w/ the new law in place it is still a bit sketchy.
the best thing they suggest is for one to get their CHL and would eliminate all questions
