TexasCHLforum.com

So I've owned a handgun for quite some time now, never needed to actually use it. I've carried it in my car or at home.

My wife's car was broken into today, and after filing the police report they LEO told me I would have been okay to shoot, since it was night time hours.

She was a very pro 2nd amendment kinda gal it seemed, she also told me that in Texas it's a law not many know about and wondered if it was true or she wasn't 100% sure herself.

She told me that it was okay to carry concealed as long as it wasn't showing or noticeable in any way without a license. Only in texas, but not in places that banned any weapons, bars, schools, etc. Is that true? I then asked her why do they offer CHL's then, and she told me it was so that people would be familiar with operating one and what qualified as concealed and what not, but it was definitely not required.

So far my research has only turned up that it is legal to conceal carry on your own premises and on the way to a motor vehicle you own like a boat or car.

Hopefully you wise ones can enlighten me a little on the subject? I was planning on taking the class here pretty soon and obtaining my CHL, but after this it might not be needed?

Thanks for any help guys and gals!

To conceal a handgun on or about your person while not on property that you own, or that is under your control (like a rented home), you MUST have a CHL (or recognized equivalent from another state). The exception is going to or from your vehicle. You do not have to have a CHL to have a loaded handgun in your vehicle, as long as you are not engaged in a criminal activity, or part of a gang. It must be out of sight when it is in your vehicle. It then must remain in your vehicle, if you don't have a CHL, when you are out and about.

That's what I figured. Weird she would tell me that. I'm assuming she just meant if it was property you owned or on the way to vehicle... Thanks guys. Glad that was clarified before I start carrying without a CHL.

Opinion and fact rarely coincide. State law requires you to have a chl if you are going to carry a loaded weapon on you outside of your property or your vehicle. Your chl class will cover this along with other vital information. A brief encounter with a well-meaning but uninformed LEO won't substitute.

Edited to add: the LEO was right about being able to shoot a burglar at night.

Perhaps circumstances contributed to a bit of a communication challenge. As K.Mooneyham points out, it is ok to have a gun in your vehicle but the gun must be concealed. Take the class.

Silverj wrote:So I've owned a handgun for quite some time now, never needed to actually use it. I've carried it in my car or at home.

My wife's car was broken into today, and after filing the police report they LEO told me I would have been okay to shoot, since it was night time hours.

She was a very pro 2nd amendment kinda gal it seemed, she also told me that in Texas it's a law not many know about and wondered if it was true or she wasn't 100% sure herself.

She told me that it was okay to carry concealed as long as it wasn't showing or noticeable in any way without a license. Only in texas, but not in places that banned any weapons, bars, schools, etc. Is that true? I then asked her why do they offer CHL's then, and she told me it was so that people would be familiar with operating one and what qualified as concealed and what not, but it was definitely not required.

So far my research has only turned up that it is legal to conceal carry on your own premises and on the way to a motor vehicle you own like a boat or car.

Hopefully you wise ones can enlighten me a little on the subject? I was planning on taking the class here pretty soon and obtaining my CHL, but after this it might not be needed?

Thanks for any help guys and gals!

1) Yes, it would have been OK to shoot. But do you really want to shoot someone over junk in your car that's insured? Not worth it at all. If you live in city limits you could also get charged with discharging a gun in city limits.

2) It's legal to carry concealed (handgun) IN YOUR CAR without a CHL. Shotgun rifle in your car has to be in plain sight. But if you carry a concealed handgun outside your car, it's a felony.

rockinar wrote:

Silverj wrote:So I've owned a handgun for quite some time now, never needed to actually use it. I've carried it in my car or at home.

My wife's car was broken into today, and after filing the police report they LEO told me I would have been okay to shoot, since it was night time hours.

She was a very pro 2nd amendment kinda gal it seemed, she also told me that in Texas it's a law not many know about and wondered if it was true or she wasn't 100% sure herself.

She told me that it was okay to carry concealed as long as it wasn't showing or noticeable in any way without a license. Only in texas, but not in places that banned any weapons, bars, schools, etc. Is that true? I then asked her why do they offer CHL's then, and she told me it was so that people would be familiar with operating one and what qualified as concealed and what not, but it was definitely not required.

So far my research has only turned up that it is legal to conceal carry on your own premises and on the way to a motor vehicle you own like a boat or car.

Hopefully you wise ones can enlighten me a little on the subject? I was planning on taking the class here pretty soon and obtaining my CHL, but after this it might not be needed?

Thanks for any help guys and gals!

1) Yes, it would have been OK to shoot. But do you really want to shoot someone over junk in your car that's insured? Not worth it at all. If you live in city limits you could also get charged with discharging a gun in city limits.

2) It's legal to carry concealed (handgun) IN YOUR CAR without a CHL. Shotgun rifle in your car has to be in plain sight. But if you carry a concealed handgun outside your car, it's a felony.

Not exactly true. Without a CHL you can carry concealed from your residence to your car and from your car to your place of business. And of course you can do the reverse. This is assuming it is legal to have a weapon at your place of business.

rockinar wrote:Shotgun rifle in your car has to be in plain sight.

Can you point out where this is written in Texas law? If true, then I've been breaking the law every time I go to the range. My rifles or shotguns are invariably in a case on the back seat of my truck, usually with other stuff piled on top of them.

Pawpaw wrote:

rockinar wrote:Shotgun rifle in your car has to be in plain sight.

Can you point out where this is written in Texas law? If true, then I've been breaking the law every time I go to the range. My rifles or shotguns are invariably in a case on the back seat of my truck, usually with other stuff piled on top of them.

rockinar wrote:2) It's legal to carry concealed (handgun) IN YOUR CAR without a CHL. Shotgun rifle in your car has to be in plain sight. But if you carry a concealed handgun outside your car, it's a felony.

1) Please tell us what Texas law makes UCW a felony when they step outside their car.

2) Please tell us what Texas law says long guns can't be concealed.

snorri wrote:

rockinar wrote:2) It's legal to carry concealed (handgun) IN YOUR CAR without a CHL. Shotgun rifle in your car has to be in plain sight. But if you carry a concealed handgun outside your car, it's a felony.

1) Please tell us what Texas law makes UCW a felony when they step outside their car.

2) Please tell us what Texas law says long guns can't be concealed.

If I get it right, I demand cookies!

In answer to your Number ONE***. HB 1815 allows citizens to carry a handgun "inside of or directly en route to a motor vehicle that is owned by the person or under the person's control"
So Sec. 46.02 explains what is illegal...
"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."


IN answer to number two - where are you planning to stick...I mean 'conceal' a shotgun? While I haven't found anything saying that it's illegal, uhm..unless you have a huge cop fetish, I would strongly advise against trying to conceal a long gun on your person - but whatever floats your boat, I guess.

rockinar wrote:Shotgun rifle in your car has to be in plain sight.

snorri wrote:2) Please tell us what Texas law says long guns can't be concealed.

MamaK wrote:IN answer to number two - where are you planning to stick...I mean 'conceal' a shotgun?

On the back seat under a blanket.
In a long gun case on the seat.
In the cargo area of a SUV.
The list goes on.

rockinar wrote:1) Yes, it would have been OK to shoot. But do you really want to shoot someone over junk in your car that's insured? Not worth it at all. If you live in city limits you could also get charged with discharging a gun in city limits.

It is legal to shoot a thief at night. Period. The city might try to charge you with discharging, but it would be thrown out of court because the law allows you to do it. You may not think you stuff is worth defending. Other people do.

rockinar wrote:2) It's legal to carry concealed (handgun) IN YOUR CAR without a CHL. Shotgun rifle in your car has to be in plain sight. But if you carry a concealed handgun outside your car, it's a felony.

Others have pointed out that most of this is not true. Please try to stick to the law and cite references so others aren't misled by what you write.

Texas Penal Code 46.02 says it is legal to carry a weapon on your own premises, on premises that you control (storage locker, place of business, commercial property that you own or lease, rental property you own or lease, recreational vehicle that you own or control, lake house, etc.), inside or en route to a car or watercraft that you own. If in a car or watercraft the handgun must be concealed. Elsewhere the law does not specify if the weapon must be concealed. The normal interpretation by the courts would be that since the law specifies concealed for cars and watercraft and doesn't for others, open carry would be allowed.

Furthermore, a violation of 46.02 is not a felony but a class a misdemeanor. (This is state law. Depending upon your location, Federal laws may be different.)

46.03 lists the places that firearms are prohibited. Those restrictions apply to all firearms, including rifles and shotguns. A violation of that section is a third degree felony.

When it comes to concealment, the law specifically says "handgun". I can find no prohibitions against carrying long guns openly or concealed. Unless you can point to a Penal Code section that states this, I would judge it to be untrue as well.