TexasCHLforum.com

WITHOUT a CHL, can you carry a concealed handgun on your person, inside your vehicle? I'm aware that you can have one in your vehicle and that it must be concealed, but can it be concealed on your person? Again, this is without a CHL.

First, I am not a lawyer. Yes, it must be concealed. Just don't get out of you vehicle with it. It's probably a better idea to conceal it in the car/truck so no one sees you disarm.

I wouldn't. If you were pulled over and an officer found out you were carrying on your person you could go for a little ride. However here is what it says in HB1815

(a) A person commits an offense if the person [he]
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

I just don't think that a every LEO that could pull you over would be aware of(2) and have a different interpretation of the law. So, in my opinion I would say don't do it.

fishman wrote:First, I am not a lawyer. Yes, it must be concealed. Just don't get out of you vehicle with it. It's probably a better idea to conceal it in the car/truck so no one sees you disarm.

As I stated, I know it must be concealed in the vehicle. My question regards whether or not it is allowable to conceal it ON YOUR PERSON if you're inside your vehicle. According to the legal cite in the next post, it is. However, I can see an LEO getting pretty tense about it. If you tell him you take it out of the holster when you get out of the car, he may or may not believe you. Hard to say.

Ruark wrote:

fishman wrote:First, I am not a lawyer. Yes, it must be concealed. Just don't get out of you vehicle with it. It's probably a better idea to conceal it in the car/truck so no one sees you disarm.

As I stated, I know it must be concealed in the vehicle. My question regards whether or not it is allowable to conceal it ON YOUR PERSON if you're inside your vehicle. According to the legal cite in the next post, it is. However, I can see an LEO getting pretty tense about it. If you tell him you take it out of the holster when you get out of the car, he may or may not believe you. Hard to say.

Yes you can, but as stated may be better to not. You may forget you have it on you and step out of the car for gas or to go to a store. The other factor is if you happened to be in a car accident, and were unconscious, then once they removed you from the vehicle you would be carrying illegally.

As an instructor I get this ? pretty often.
My answer is bacically what you have heard above.
Yes you are legal concealed on your person. Problems arise if you are stopped & asked to get out of the vehicle. Now in violation & as an otherwise lawabiding citizen not at all worth the UCW chg.
Vehicle crash. addressed above. Probably be chged there w/ UCW. Not at all worth the risk to a future CHL.
Keep it in reach, put it on when you get to the range or hunting area.
IANAL.
LT

Keith B wrote:The other factor is if you happened to be in a car accident, and were unconscious, then once they removed you from the vehicle you would be carrying illegally.

No you would not. Neither would be a CHL involved in an accident and unconscious or not that was transported to an emergency room of a hospital that was 30.06 posted.

"(a) A person commits an offense if the person [he]
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun, illegal knife, or club if the person is not: "

If you are unconscious, you can't do anything "intentionally"' "knowingly" or "recklessly". You would not be breaking the law either, if you were carrying w/o a CHL in you car and a BG pulled you out of the car and started to pummel you with a bat and you reach over and pull a gun from you car and defended yourself.

The best thing to do is get a CHL and don't worry about it!!!

FWIW, I settled on holster location and cant by carrying around the house and on trips to the drive-through while I was waiting for my CHL to arrive.

On or about your person means on you or near you. MPA treats them both the same.

If an officer asks you to step out of your car it is going to be a very nervous time for both of you when you tell him you have to remove a gun. I wouldn't want to be in that situation.
Go ahead and get your CHL. The instruction is worth it.

I think that it is a little impractical to be carrying on your person when carrying under the authority of an MPA without a CHL. Getting at a hand gun quickly when needed might not be so easy.

I do think the concerns of being unconscious or being asked to exit the car is by an officer is a little over stated. I thnk it would be hard to find a police officer, prosecuting attorney, judge or jury who would push the issue of unconscious carry of a handgun. I would think that unconscious would be a defense to any charge except DUI or PI. If one has a gun on ones person, and is asked to exit the car, one should inform the officer that they are armed under the authority of the MPA, and follow the officer direction. The officer commanding you to break the law, would be in awkward position trying to charge you with breaking the law. I don't think he/(she?) would be too happy with you trying to disarm while sitting behind the wheel either.

I spend a lot of time behind the wheel. I'm convinced the side pockets on most cars is there for the sole reason of carrying concealed, holstered handgun. A small cloth aids in the concealment. When I get to my destination I park away from prying eyes and properly holster the hipside. If I arrive at home I just carry it with me in a lunch pail or laptop case.

Liberty wrote:I spend a lot of time behind the wheel. I'm convinced the side pockets on most cars is there for the sole reason of carrying concealed, holstered handgun.

Are you left handed?

Ameer wrote:

Liberty wrote:I spend a lot of time behind the wheel. I'm convinced the side pockets on most cars is there for the sole reason of carrying concealed, holstered handgun.

Are you left handed?

nope, but I shoot as well (or as poorly) left handed and all my carry guns are ambi safety.

Liberty wrote:

Ameer wrote:

Liberty wrote:I spend a lot of time behind the wheel. I'm convinced the side pockets on most cars is there for the sole reason of carrying concealed, holstered handgun.

Are you left handed?

nope, but I shoot as well (or as poorly) left handed and all my carry guns are ambi safety.

...agreed...whether the threat comes from the passenger side or the driver's side...you have quick and easy access...in La. I'd hang the holster on the door where they have pockets now...much easier to draw than if it was on my hip...