Posted: 6/9/2010 9:53:28 PM EDT
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Alright, recently purchased my first hand gun from a store, and I am taking my CHL later this summer. My question is, am I able to carry the weapon in my car? Or is that a no-no?
I seem to remember seeing something about vehicles being considered an extension of the castle law now or some such but I cant remember, and I definitely don't want to commit a major no-no before I even have my chl. Also, if you can bring up the documents answering my question, I would really appreciate it. Thanks And I have this posted in the HTF, but ther'es much more traffic here |
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Quoted: Alright, recently purchased my first hand gun from a store, and I am taking my CHL later this summer. My question is, am I able to carry the weapon in my car? Or is that a no-no? I seem to remember seeing something about vehicles being considered an extension of the castle law now or some such but I cant remember, and I definitely don't want to commit a major no-no before I even have my chl. Also, if you can bring up the documents answering my question, I would really appreciate it. Thanks And I have this posted in the HTF, but ther'es much more traffic here Try posting this in your Hometown forum. |
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It's not a castle law, but a new law that says that if you are not breaking the law, you can have a gun in your car. But if I were you I'd wait until you get a CHL. Many of the big city PD's have declared their undying hatred for the Constitution hostility to the new law. You don't want to be paying lawyer fees to be the test case. |
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Quoted: YupQuoted: Alright, recently purchased my first hand gun from a store, and I am taking my CHL later this summer. My question is, am I able to carry the weapon in my car? Or is that a no-no? I seem to remember seeing something about vehicles being considered an extension of the castle law now or some such but I cant remember, and I definitely don't want to commit a major no-no before I even have my chl. Also, if you can bring up the documents answering my question, I would really appreciate it. Thanks And I have this posted in the HTF, but ther'es much more traffic here Try posting this in your Hometown forum. |
| It is my understanding, and I AM NOT a lawyer, that the new law allows one to carry a gun in their car without a CHL assuming that they are not engaged in any other criminal activity. However, it is also my understanding that certain agencies will go ahead and arrest you anyway and then let the judge decide whether or not that law should be applied. |
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You can legally car a handgun in the car as long as it's concealed and you are not committing a crime (other than traffic violation), prohibited from owning a firearm, and not a member of a gang. From the Texas Penal Code: 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. |
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Quoted: As noted above, this is in the Home Town Forum, but so far, nothing. Do we have any other forums here that may be able to help me out? And pardon my ignorance on the law, just trying to save myself from any trouble in the future. Honest questions are always welcomed on this site. At the same time you should always expect honest answers, and when legal questions come up, expect the answer to be seek legal counsel. |