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Mars's defensive driving class
Posted: Sat Dec 11, 2010 3:23 pm
by Venus Pax
Mars took a defensive driving class today. He apparently has more lead in his foot than his carry weapon, but I digress...
The instructor somehow got on the subject of carrying in one's vehicle without a CHL. She told the class that the weapon must be in plain view at all times, like on the dash board, the seat, etc. Mars called me during a break to ask me about this, since it didn't seem right to him. I told him that, to my knowledge, the gun needed to be concealed. (We also agreed that a gun just hanging out on the dashboard woudln't be a safe storage system.)
I was under the impression that the Motorist Protection Act of 2007 allowed a Texas motorist to carry concealed in his/her vehicle as long as the person in control of the weapon isn't a convicted felon, in a street gang, and a few others I can't recall off-hand. However, I told him that I wasn't sure for a fact and coudln't check since I wasn't near a computer.
I told him to give his classmates this web address if they had any questions regarding lawful carrying/transport of weapons, but that I was fairly certain that it isn't legal to simply have it visible, but that I was positive that it is fine (and advisable) to keep it concealed.
Your thoughts?
Re: Mars's defensive driving class
Posted: Sat Dec 11, 2010 3:27 pm
by Hoi Polloi
What a cutie you've got there! Love the updated picture!
Re: Mars's defensive driving class
Posted: Sat Dec 11, 2010 3:29 pm
by Crossfire
Well, my first thought is, that's about the cutest picture EVER!
And my second thought is, people who aren't CHL instructors shouldn't be teaching CHL concepts. Maybe I should start teaching defensive driving in CHL classes? I can make up stuff just as well as the next person!
MPA says the gun must be concealed. You are right, the driving instructor is wrong.
Re: Mars's defensive driving class
Posted: Sat Dec 11, 2010 3:39 pm
by Venus Pax
Thank you both for the compliments!
As far as the instructor, I was 99% certain she was wrong, but couldn't think of the law that says so (and still can't).
I was fairly certain that the Motorist Protection Act required that it be concealed, but wasn't positive.
I also agree that instructors should step away from subjects for which they are not informed; unfortunately, I've heard of CHL instructors giving wrong information in CHL classes.
Re: Mars's defensive driving class
Posted: Sat Dec 11, 2010 4:33 pm
by Pawpaw
PC ยง46.02. UNLAWFUL CARRYING WEAPONS. (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;
(8) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
71.01.
Re: Mars's defensive driving class
Posted: Sat Dec 11, 2010 4:54 pm
by Teamless
for MPA, you have to have it concealed, a plain view weapon is illegal, unless it was used for a self defense situation and it is in plain view due to that.
Re: Mars's defensive driving class
Posted: Sat Dec 11, 2010 4:56 pm
by WildBill
Hoi Polloi wrote:What a cutie you've got there! Love the updated picture!
Mars' instructor is no "cutie". In fact, he could be dangerous.
Re: Mars's defensive driving class
Posted: Sat Dec 11, 2010 8:43 pm
by KC5AV
WildBill wrote:Hoi Polloi wrote:What a cutie you've got there! Love the updated picture!
Mars' instructor is no "cutie". In fact, he could be dangerous.
Or at least cause an individual some serious trouble.
Re: Mars's defensive driving class
Posted: Mon Dec 13, 2010 4:05 am
by TexasGal
I wonder how many people have been told not to conceal their guns. I sure hope someone sets this person straight in no uncertain terms and supplies her with a copy of the law just in case she doesn't believe it.
Re: Mars's defensive driving class
Posted: Mon Dec 13, 2010 8:17 am
by geoelectro
Years ago (1978) I transported a newly acquired handgun from Houston to Port Arthur to have a gun smith have a look at it while doing some other business there. He told me I should have it unloaded in plain view on the seat of my car.
Was this possibly an older law that has been obviously superseded?
Geoelectro
Re: Mars's defensive driving class
Posted: Mon Dec 13, 2010 11:57 am
by KD5NRH
geoelectro wrote:Years ago (1978) I transported a newly acquired handgun from Houston to Port Arthur to have a gun smith have a look at it while doing some other business there. He told me I should have it unloaded in plain view on the seat of my car.
The travelling exemption has no requirement either way on concealment, but now that we have MPA, I wouldn't want to take a chance on the travelling exemption in any situation where MPA (or CHL) can apply instead. Same for the exemption for participating in or going to or from a lawful sporting activity where the firearm is normally used.
Re: Mars's defensive driving class
Posted: Mon Dec 13, 2010 3:27 pm
by Dragonfighter
KD5NRH wrote:geoelectro wrote:Years ago (1978) I transported a newly acquired handgun from Houston to Port Arthur to have a gun smith have a look at it while doing some other business there. He told me I should have it unloaded in plain view on the seat of my car.
The travelling exemption has no requirement either way on concealment, but now that we have MPA, I wouldn't want to take a chance on the travelling exemption in any situation where MPA (or CHL) can apply instead. Same for the exemption for participating in or going to or from a lawful sporting activity where the firearm is normally used.
In 1978 I actually called DPS to ask. They said at the time, there is no legal distinction between loaded or unloaded, concealed or in plain view. But they preferred them to be out of sight. DPS HQ's Legal in Austin is who I ended up talking to.