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Feb 12th, 2024
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 Carrying a handgun
#1153408
01/06/10 08:11 PM
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Joined: Nov 2006
Posts: 8,570
Marcstar
OP
THF Trophy Hunter
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OP
THF Trophy Hunter
Joined: Nov 2006
Posts: 8,570 |
I don't have a CHL and really don't plan on getting one. What do I need to know if I'm going from point A to point B and take that gun with me in the car? I want to stay legal.
Dear Lord please bullwhip me for saying this but I agree, Marcstar is in the lead. Please nobody use this as a quote!!!
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Re: Carrying a handgun
[Re: Marcstar]
#1153420
01/06/10 08:15 PM
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Joined: Jun 2008
Posts: 7,304
Big Tony
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jun 2008
Posts: 7,304 |
Keep it out of sight. If you get stopped for whatever reason, let the LEO know you have a WEAPON (not gun) and ask how they would like to handle it.
"A hunt based only on trophies taken, falls far short of what the ultimate goal should be." -Fred Bear
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Re: Carrying a handgun
[Re: Big Tony]
#1153430
01/06/10 08:22 PM
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Joined: Feb 2009
Posts: 11,099
devildog28
THF Celebrity
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THF Celebrity
Joined: Feb 2009
Posts: 11,099 |
You can keep it loaded, just out of sight. I used to carry one in my truck before I got my CHL. The castle law extends to your vehicle.
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Re: Carrying a handgun
[Re: Big Tony]
#1153432
01/06/10 08:23 PM
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Joined: Sep 2009
Posts: 1,615
MELackey
Pro Tracker
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Pro Tracker
Joined: Sep 2009
Posts: 1,615 |
I'd say Big Tony is mostly correct, but I'm not sure I'd mention the weapon to the cop unless they were planning to search the car for whatever reason. As they say about many things, don't make it an issue if it doesn't need to be an issue.
If you have a CHL, then my advice would be a little different. I know the law no longer requires showing your CHL when showing the DL, but I'd still do it.
I got pulled over a few weeks ago and presented both to the DPS officer. He introduced himself and asked where the weapon was. I told him it was in the back of the Expedition. We had to laugh that his response was "Well, it doesn't do you much good back there, does it?" I got a warning and was sent on my way.
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Re: Carrying a handgun
[Re: MELackey]
#1153439
01/06/10 08:25 PM
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Joined: Jan 2005
Posts: 332
Ihunt
Bird Dog
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Bird Dog
Joined: Jan 2005
Posts: 332 |
Sec.A46.02.AAUNLAWFUL CARRYING WEAPONS.
A (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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 1, eff. September 1,
2007.
__________________
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Re: Carrying a handgun
[Re: Ihunt]
#1153456
01/06/10 08:32 PM
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Joined: Dec 2006
Posts: 20,758
cbump
THF Celebrity
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THF Celebrity
Joined: Dec 2006
Posts: 20,758 |
Just keep it hidden in your car. That is all you have to do.
And I don't know why, on a routine traffic stop, you would feel the need to tell the officer that you have a pistol in your car.
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Re: Carrying a handgun
[Re: cbump]
#1153478
01/06/10 08:44 PM
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Joined: Feb 2009
Posts: 11,099
devildog28
THF Celebrity
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THF Celebrity
Joined: Feb 2009
Posts: 11,099 |
I probably will still show my CHL. Not because I want to test my "cop fu", but just to let him know I better get a warning ticket 
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Re: Carrying a handgun
[Re: Ihunt]
#1153533
01/06/10 09:02 PM
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Joined: Nov 2006
Posts: 8,570
Marcstar
OP
THF Trophy Hunter
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OP
THF Trophy Hunter
Joined: Nov 2006
Posts: 8,570 |
Sec.A46.02.AAUNLAWFUL CARRYING WEAPONS.
A (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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 1, eff. September 1,
2007.
__________________
So your saying I can have it in my home or my car...right.
Dear Lord please bullwhip me for saying this but I agree, Marcstar is in the lead. Please nobody use this as a quote!!!
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Re: Carrying a handgun
[Re: Marcstar]
#1153558
01/06/10 09:09 PM
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Joined: Feb 2009
Posts: 11,099
devildog28
THF Celebrity
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THF Celebrity
Joined: Feb 2009
Posts: 11,099 |
Sec.A46.02.AAUNLAWFUL CARRYING WEAPONS.
A (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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 1, eff. September 1,
2007.
__________________
So your saying I can have it in my home or my car...right. ....yes  But just wait until our "special rainbow six operators" and "legal gurus" get on after work and tell you how they would do things and how you shouldn't keep one in your car. 
Last edited by devildog28; 01/06/10 09:11 PM.
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Re: Carrying a handgun
[Re: Marcstar]
#1153580
01/06/10 09:16 PM
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Joined: Jan 2009
Posts: 266
wesleyc
Bird Dog
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Bird Dog
Joined: Jan 2009
Posts: 266 |
By the revised Cassell law a few years ago you can legally carrie a loaded handgun in your vehicle out of sight. You can use it to protect you, your family, and personal belongings as long as you exhaust all other options to stop the intrusion. Basically this means to not have survivors of conflict. As for in your house you don't need a liscense either.
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Re: Carrying a handgun
[Re: Marcstar]
#1153618
01/06/10 09:29 PM
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Joined: Jan 2005
Posts: 332
Ihunt
Bird Dog
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Bird Dog
Joined: Jan 2005
Posts: 332 |
Right...but it must be concealed if it's in your car. You can mow your yard with a gun on your hip if you want as long as you stay on your property.
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Re: Carrying a handgun
[Re: cbump]
#1153634
01/06/10 09:35 PM
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Joined: Jun 2008
Posts: 7,304
Big Tony
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jun 2008
Posts: 7,304 |
Just keep it hidden in your car. That is all you have to do.
And I don't know why, on a routine traffic stop, you would feel the need to tell the officer that you have a pistol in your car. I have a buddy of mine that works for NRH. He told me if someone has a weapon and doesn't say it up front, that would p him o purdy bad. So. just sayin', no surprises here. 
"A hunt based only on trophies taken, falls far short of what the ultimate goal should be." -Fred Bear
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Re: Carrying a handgun
[Re: Big Tony]
#1153684
01/06/10 09:53 PM
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Joined: Jan 2010
Posts: 7
Awastatyme
Green Horn
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Green Horn
Joined: Jan 2010
Posts: 7 |
Ihave my chl but befor that I always told the officer that I had a firearm in my truck. Its a great form of respect to the officer. My chl instructor said the same thing when I was taking the course.
My 2 pennies
A wast a tyme
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Re: Carrying a handgun
[Re: Awastatyme]
#1153706
01/06/10 10:00 PM
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Joined: Jul 2007
Posts: 35,151
Brother in-law
THF Celebrity
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THF Celebrity
Joined: Jul 2007
Posts: 35,151 |
The majority of your LEO's don't use the verbage "Castle law" dont go spouting that all the time. Look at the Penal Code 
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Re: Carrying a handgun
[Re: Brother in-law]
#1153806
01/06/10 10:44 PM
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Joined: Jan 2006
Posts: 1,236
Joshua Lee
Pro Tracker
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Pro Tracker
Joined: Jan 2006
Posts: 1,236 |
I asked 5 cops all of them said your going for a ride with no CHL. So I would be scared to cause it doesnt matter what the law is it matters what the cops THINK the law is. I dont agree with that but, try to argue with them and you will still take a ride. SOOOOOO that being said...
What exactly is the law... So if you do get a ride you can sew that chit out of the police?
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Re: Carrying a handgun
[Re: Joshua Lee]
#1153874
01/06/10 11:11 PM
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Joined: Feb 2007
Posts: 26,552
JCB
THF Celebrity
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THF Celebrity
Joined: Feb 2007
Posts: 26,552 |
I asked 5 cops all of them said your going for a ride with no CHL. What department did thise cops work for? Sounds like they have some lawsuits in thier future!
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Re: Carrying a handgun
[Re: JCB]
#1153892
01/06/10 11:20 PM
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Joined: Jan 2006
Posts: 1,236
Joshua Lee
Pro Tracker
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Pro Tracker
Joined: Jan 2006
Posts: 1,236 |
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Re: Carrying a handgun
[Re: JCB]
#1153898
01/06/10 11:22 PM
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Joined: Jun 2008
Posts: 7,304
Big Tony
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jun 2008
Posts: 7,304 |
I just like to give them guys a lot of respect when it comes to weapons. Like I said, no surprises. I've only been stopped once since the new law went into effect. It was one of our local guys. He lit me up, when I pulled over he pulled up beside me and told me one of my license plates lights was out and I ought to get it fixed before the other one went out, then drove off.
Our guys are the best, until it comes to school zones. LOL
"A hunt based only on trophies taken, falls far short of what the ultimate goal should be." -Fred Bear
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Re: Carrying a handgun
[Re: Joshua Lee]
#1153905
01/06/10 11:24 PM
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Joined: Jan 2009
Posts: 266
wesleyc
Bird Dog
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Bird Dog
Joined: Jan 2009
Posts: 266 |
A friend of mine is a DPS officer in Pecos and he said if oyu get stopped and they give you any crap to remind them about the castle law in case the dumb chit has forgotten about it.
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Re: Carrying a handgun
[Re: wesleyc]
#1153910
01/06/10 11:26 PM
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Joined: Jan 2009
Posts: 266
wesleyc
Bird Dog
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Bird Dog
Joined: Jan 2009
Posts: 266 |
I don't remember what the exact website is in the State of Texas law but you can look up the castle law online and read what it states, it is law and will hold up in court unless yopu are a criminal then your SOL!
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Re: Carrying a handgun
[Re: Joshua Lee]
#1153914
01/06/10 11:28 PM
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Joined: Feb 2007
Posts: 26,552
JCB
THF Celebrity
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THF Celebrity
Joined: Feb 2007
Posts: 26,552 |
Wow! Sure would be nice if someone would do an investigative report with hidden cameras while asking these cops what they would do if they found someone carrying a gun in thier vehicle (within the law) and then confront thier police chief with the video and see what he has to say about it! Heck.....next time get the officers name and/or badge number and I would like to talk to his chief myself! They cant arrest you just for having a gun in your vehicle as long as you follow the law posted above! If they do you will have lawyers beating down your door wanting to fight the charges for you because you and the lawyer both will get rich!
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Re: Carrying a handgun
[Re: wesleyc]
#1153926
01/06/10 11:35 PM
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Joined: Feb 2009
Posts: 11,099
devildog28
THF Celebrity
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THF Celebrity
Joined: Feb 2009
Posts: 11,099 |
I knew it wouldn't take long for a simple question to get blown out of proportion with all the fear mongers. This is rediculous, the question was answered pages ago.
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Re: Carrying a handgun
[Re: JCB]
#1153976
01/07/10 12:00 AM
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Joined: Jul 2007
Posts: 35,151
Brother in-law
THF Celebrity
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THF Celebrity
Joined: Jul 2007
Posts: 35,151 |
Wow! Sure would be nice if someone would do an investigative report with hidden cameras while asking these cops what they would do if they found someone carrying a gun in thier vehicle (within the law) and then confront thier police chief with the video and see what he has to say about it! Heck.....next time get the officers name and/or badge number and I would like to talk to his chief myself! They cant arrest you just for having a gun in your vehicle as long as you follow the law posted above! If they do you will have lawyers beating down your door wanting to fight the charges for you because you and the lawyer both will get rich! I thought you were a good republican. Sound like you are a supporter of John Wiley Price, Shaun Rabb, and Saul Garza. Sounds like you purposely are wanting to ruin someone's job or make them go under investigation for no reason. psshhhh
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