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Non CHL Gun in Car
Posted: Wed Jul 20, 2011 5:32 pm
by nedmoore
Hey guys, been awhile... Can a non CHL holder still have a gun in their car as long as it is not in plain sight, not a felon, or committing criminal activity, etc. etc.?
My wife does not have her CHL but we keep a gun in the car. She got pulled over today, and when she told the Houston Police officer about the gun she told her she could not have a gun in her car, blah, blah, blah.
Thanks...
Re: Non CHL Gun in Car
Posted: Wed Jul 20, 2011 5:42 pm
by Big Tuna
Yes. As long as all MPA rules are followed.
Re: Non CHL Gun in Car
Posted: Wed Jul 20, 2011 5:42 pm
by 74novaman
nedmoore wrote:Hey guys, been awhile... Can a non CHL holder still have a gun in their car as long as it is not in plain sight, not a felon, or committing criminal activity, etc. etc.?
My wife does not have her CHL but we keep a gun in the car. She got pulled over today, and when she told the Houston Police officer about the gun she told her she could not have a gun in her car, blah, blah, blah.
Thanks...
A texas resident who is not a prohibited person can keep a concealed and loaded gun in the vehicle under the Motorist Protection Act which passed in 2009. Your wife is perfectly legal, the cop is wrong.
Re: Non CHL Gun in Car
Posted: Wed Jul 20, 2011 5:49 pm
by cheezit
pc 46.20 iirc. castle doctrin. as everone else said yes.
Re: Non CHL Gun in Car
Posted: Wed Jul 20, 2011 5:53 pm
by nedmoore
I figured so, I was actually on the phone with her at the time. He told her to look up legal.net or some bull to that affect. If he really felt that it was against the law I wonder why he did not do anything about it?
Re: Non CHL Gun in Car
Posted: Wed Jul 20, 2011 6:10 pm
by USA1
Just curious, did your wife volunteer the information up front or was she asked? She only needs to inform the officer if asked if there are any weapons in the vehicle. Otherwise, mums the word.
Re: Non CHL Gun in Car
Posted: Wed Jul 20, 2011 7:34 pm
by sjfcontrol
cheezit wrote:pc 46.20 iirc. castle doctrin. as everone else said yes.
Nope.
46.02(a-1)
And it's the the Motorist Protection Act, not the Castle Doctrine.
Re: Non CHL Gun in Car
Posted: Wed Jul 20, 2011 7:47 pm
by PocketGroove
It's probably wise to print out the law and keep a copy in your car.
Re: Non CHL Gun in Car
Posted: Wed Jul 20, 2011 11:28 pm
by wgoforth
Had a fellow on the Taurus forum a few months ago claiming Houston had outlawed carrying in car by non CHL. Everyone told him otherwise, but he said he and his girl friend went to the police station and asked and were told you could not carry. Obviously Houston cannot set aside MPA, but now this being the second time I have seen this (unless your the same fellow from the Taurus Forum) then it sounds like they may have some cops who either don't know or don't care...
Re: Non CHL Gun in Car
Posted: Thu Jul 21, 2011 8:07 am
by Terlingueno
It is my understanding that one may have a loaded rifle in their vehicle. True?
Re: Non CHL Gun in Car
Posted: Thu Jul 21, 2011 8:18 am
by TxRVer
nedmoore wrote:I figured so, I was actually on the phone with her at the time. He told her to look up legal.net or some bull to that affect. If he really felt that it was against the law I wonder why he did not do anything about it?
Very curious. If it was illegal, your wife's gun would have been taken and she would have gone to jail.
Re: Non CHL Gun in Car
Posted: Thu Jul 21, 2011 8:24 am
by RottenApple
Sec. 46.02. 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;
(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.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
Enough said.
Re: Non CHL Gun in Car
Posted: Thu Jul 21, 2011 10:48 am
by KingofChaos
Terlingueno wrote:It is my understanding that one may have a loaded rifle in their vehicle. True?
That's correct, but it's most definitely not the best idea. When you make any kind of stop, are you taking it with you? If not, it wouldn't be odd for someone to break your window and take your $1000 AR. If you put it in your truck during a stop someone might still see you putting it away and steal it. And if you catch them in the act, you just brought a pistol to a rifle fight. You could always just keep it in the trunk, but then you lose immediate access. There is a reason you don't see shotgun racks anymore...
That being said, I know of someone who keeps an underfolding yugo in their trunk "just in case". I support it on principle.
Re: Non CHL Gun in Car
Posted: Thu Jul 21, 2011 2:22 pm
by johnson0317
PocketGroove wrote:It's probably wise to print out the law and keep a copy in your car.
I would think that any LEO that needed a copy of the MPA in order to understand that would your wife was doing is legal, needs to go back to the academy. There should have been no question. Was there, in any way, that your wife was in violation? I would think that he would have busted her if there was any reason.
RJ
Re: Non CHL Gun in Car
Posted: Thu Jul 21, 2011 2:29 pm
by speedsix
Terlingueno wrote:It is my understanding that one may have a loaded rifle in their vehicle. True?
...in Texas, legally possessed rifles/shotgun carry, loaded or not, concealed or open in your vehicle, is not restricted...