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If you don't have hand gun license ?
#5018945
03/13/14 04:14 AM
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Joined: Feb 2012
Posts: 419
MEXICOHUNTER70
OP
Bird Dog
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OP
Bird Dog
Joined: Feb 2012
Posts: 419 |
If you don't have a handgun license can you still have a handgun in your pickup ? If so where should it be kept ? And if you get pulled over are you supposed to tell the officer you have a handgun ? Any Info on that would be great !
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5018951
03/13/14 04:20 AM
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Joined: Jun 2013
Posts: 6,578
Wburke2010
THF Trophy Hunter
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It is best to look up the law, This is not legal advice but I believe the castle doctrine in Texas now covers your car and you are allowed too, but there are other kickers to it, since I have my chl I haven't payed attention to it. But I could be wrong also....
Walter
MW Ranch Services 903-303-4523 Metal buildings, welding, equipment repair, dirt work
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5018964
03/13/14 04:36 AM
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Joined: Mar 2010
Posts: 3,615
billybob
Extreme Tracker
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Extreme Tracker
Joined: Mar 2010
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You may carry a handgun in your car without a CHL. It must be concealed. I would tell the leo that I had the gun but you have no legal requirement to do so. Keep the weapon and proof of insurance in a different location.
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5018973
03/13/14 04:55 AM
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Joined: Aug 2012
Posts: 15,573
TexFlip
THF Celebrity
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Motorist Protection Act (MPA) allows you to carry a handgun in your vehicle without any CHL. Castle Doctrineextends to your vehicle and you have no duty to retreat.
Just to make sure that it is done thoroughly, I go both ways.
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5018999
03/13/14 06:06 AM
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Joined: Jan 2012
Posts: 896
Ruger1980
Tracker
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Tracker
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Posts: 896 |
I would keep it in the center console, drivers side door panel, or glove box
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Re: If you don't have hand gun license ?
[Re: Ruger1980]
#5019045
03/13/14 11:19 AM
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Joined: Feb 2012
Posts: 688
kamolaw
Tracker
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Tracker
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I'll give you the specifics, concealed carry license is for carry on your person, you do not have to have a concealed carry license when in your vehicle.
Last edited by RWH24; 03/13/14 10:24 PM. Reason: Fixed it
I dont shoot innocent animals...only the ones that bare thier teeth at me... Semper Fi
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5019097
03/13/14 12:34 PM
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Joined: Aug 2006
Posts: 11,657
colt45-90
Texas colt45
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Texas colt45
Joined: Aug 2006
Posts: 11,657 |
all the above is correct, however depending on where you are and who you are stopped by, you can get hassled, by not knowing officers.
hold on Newt, we got a runaway
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5019116
03/13/14 12:48 PM
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Joined: Jul 2012
Posts: 15,722
603Country
THF Celebrity
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There was an excellent article on this and other gun related questions in the most recent issue of the Texas Rifle Assn monthly magazine. It was written by a lawyer and covers pretty much every question I ever had.
Not my monkeys, not my circus...
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5019316
03/13/14 02:53 PM
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Joined: Aug 2005
Posts: 6,744
psycho0819
THF Trophy Hunter
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I do not feel obligated to tell a LEO that I have a handgun in my truck. If it ever came to them wanting to search my truck for some odd reason, and if I let them (which would be even more odd), then I would volunteer that I had a gun. Otherwise, they don't need to know about it. I mean them zero harm.
Tolerance is the virtue of a man without conviction.
The end of the world began the day it was created, and life is a sexually transmitted terminal disease.
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Re: If you don't have hand gun license ?
[Re: psycho0819]
#5019382
03/13/14 03:29 PM
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Joined: Jul 2012
Posts: 1,832
Fishing Fester
Pro Tracker
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The above replies are all correct. But IMHO, and having many law enforcement friends, it is always best to let them know there is a gun in the car when first approached. It puts them at ease, and also according to them, will more than likely result in leniancy.
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Re: If you don't have hand gun license ?
[Re: psycho0819]
#5019393
03/13/14 03:33 PM
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Joined: Aug 2012
Posts: 4,439
TFF Caribou
Extreme Tracker
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I do not feel obligated to tell a LEO that I have a handgun in my truck. If it ever came to them wanting to search my truck for some odd reason, and if I let them (which would be even more odd), then I would volunteer that I had a gun. Otherwise, they don't need to know about it. I mean them zero harm. That's how I feel as well. Now, my chl will be here any day, and that will change of course.
The very atmosphere of firearms anywhere and everywhere restrains evil interference. -George Washington
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5019860
03/13/14 08:02 PM
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Joined: Jul 2007
Posts: 359
soonerdg
Bird Dog
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Bird Dog
Joined: Jul 2007
Posts: 359 |
I also don't feel obligated to tell them I have a gun in the truck. If they ask, I will answer them honestly. If they don't ask I don't volunteer. There are a lot of LEO's out there that don't know the law. And some just looking for a confrontation. Maybe it's just me but if they walk up to the window and I say "I have a gun in the truck" that could be taken as threatening if they're looking for a reason. Certainly the vast majority of LEO's are fine people. But we seem to be seeing more and more that are questionable. That said I would never create a confrontation even if they are in the wrong. Do what they say and pursue legal action later.
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Re: If you don't have hand gun license ?
[Re: soonerdg]
#5019898
03/13/14 08:35 PM
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Joined: Nov 2009
Posts: 431
hwillliams88
Bird Dog
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Bird Dog
Joined: Nov 2009
Posts: 431 |
All the above are correct, however I would research how far gun free zones extend away from your schools. I seem to remember my CHL instructor mentioning something about in our city the university considered this within 500 feet of their grounds which a major road passed through. So if you were carrying and were driving on the section of road you could tech get a felony.
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Re: If you don't have hand gun license ?
[Re: soonerdg]
#5019929
03/13/14 08:45 PM
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Joined: Nov 2011
Posts: 1,269
GriffGruff78
Pro Tracker
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Posts: 1,269 |
I also don't feel obligated to tell them I have a gun in the truck. If they ask, I will answer them honestly. If they don't ask I don't volunteer. There are a lot of LEO's out there that don't know the law. And some just looking for a confrontation. Maybe it's just me but if they walk up to the window and I say "I have a gun in the truck" that could be taken as threatening if they're looking for a reason. Certainly the vast majority of LEO's are fine people. But we seem to be seeing more and more that are questionable. That said I would never create a confrontation even if they are in the wrong. Do what they say and pursue legal action later. This is, in my opinion, the best policy. If he asks, I'll tell him, otherwise I won't. I completely agree that it doesn't make sense that announcing that I have a gun in the center console after being pulled over for doing 76 in a 70 or having an expired inspection sticker would necessarily put an officer at ease. If he wants to search my car and he finds it, yep, he'll be pizzed... But if he's searching my car I'm sure he's already pizzed and the law pretty explicitly states that I'm under no obligation to inform him of the weapon's presence.
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Re: If you don't have hand gun license ?
[Re: hwillliams88]
#5019937
03/13/14 08:47 PM
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Joined: Aug 2012
Posts: 4,439
TFF Caribou
Extreme Tracker
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All the above are correct, however I would research how far gun free zones extend away from your schools. I seem to remember my CHL instructor mentioning something about in our city the university considered this within 500 feet of their grounds which a major road passed through. So if you were carrying and were driving on the section of road you could tech get a felony. I'm almost positive that is incorrect. I don't believe gun free zones have an impact on Carrying in your vehicle. Let me see if I can find the law.
The very atmosphere of firearms anywhere and everywhere restrains evil interference. -George Washington
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Re: If you don't have hand gun license ?
[Re: TFF Caribou]
#5019974
03/13/14 09:10 PM
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Joined: Nov 2009
Posts: 431
hwillliams88
Bird Dog
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Bird Dog
Joined: Nov 2009
Posts: 431 |
All the above are correct, however I would research how far gun free zones extend away from your schools. I seem to remember my CHL instructor mentioning something about in our city the university considered this within 500 feet of their grounds which a major road passed through. So if you were carrying and were driving on the section of road you could tech get a felony. I'm almost positive that is incorrect. I don't believe gun free zones have an impact on Carrying in your vehicle. Let me see if I can find the law. I took my CHL class before the MPA came into effect, however I believe the Federal Gun Free Zone act states that anywhere within a 1000 feet of a school unless you have a CHL issued by a state or the handgun is unloaded and lock in a locked container
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5020179
03/13/14 11:42 PM
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Joined: Jan 2012
Posts: 2,248
DeRico
Mobius 1
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Mobius 1
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Posts: 2,248 |
I think the real question should be if I got pulled over for a routine traffic stop (speeding) should that officer know I have a handgun? I think it would save a bunch of [censored] pain not telling him, go about our ticket and go. If he orders a vehicle search for an unknown reason then I should tell him. Idk that's just my opinion you can fire away at it.
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Re: If you don't have hand gun license ?
[Re: hwillliams88]
#5020202
03/14/14 12:01 AM
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Joined: Aug 2012
Posts: 4,439
TFF Caribou
Extreme Tracker
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Extreme Tracker
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All the above are correct, however I would research how far gun free zones extend away from your schools. I seem to remember my CHL instructor mentioning something about in our city the university considered this within 500 feet of their grounds which a major road passed through. So if you were carrying and were driving on the section of road you could tech get a felony. I'm almost positive that is incorrect. I don't believe gun free zones have an impact on Carrying in your vehicle. Let me see if I can find the law. I took my CHL class before the MPA came into effect, however I believe the Federal Gun Free Zone act states that anywhere within a 1000 feet of a school unless you have a CHL issued by a state or the handgun is unloaded and lock in a locked container Now I'm thinking y'all are right, but I distinctly remember this conversation happening in the Tff, and a law was quoted that states it was legal to have a firearm in your vehicle on school property regardless of having a chl. But now I can't find it. I must be remembering it incorrectly.
The very atmosphere of firearms anywhere and everywhere restrains evil interference. -George Washington
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5020230
03/14/14 12:15 AM
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Joined: Jul 2012
Posts: 15,722
603Country
THF Celebrity
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Posts: 15,722 |
In the magazine article I mentioned earlier, the point was made that due to the gun free zones, it was almost impossible to drive across Tyler Texas without being in violation.
Not my monkeys, not my circus...
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5020234
03/14/14 12:18 AM
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Joined: Aug 2012
Posts: 4,439
TFF Caribou
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But Im still not sure that it applies to "just passing through" I think it only applies to parking or being stationary in a gun free zone. I wish our laws weren't written in such a confusing way. Why can t they just write them "a person may only possess a weapon in a gun free zone if..." Instead of "a person not currently possessing a chl, may not there to for possess a firearm whereas he has not commited, in any form, unless thereto for he has recently held a house cat between the hours of..."
The very atmosphere of firearms anywhere and everywhere restrains evil interference. -George Washington
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5020450
03/14/14 02:38 AM
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Joined: Aug 2012
Posts: 4,115
target1911
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The GUN FREE ZONE covers being involved in illegal activities and the gun charge ups the initial charge and punishment. You can still have a gun in your car while driving near a school. If not than everyone living within 1000' of a school could not have a gun in their home. Your vehicle that you own or are in control of is an extension of your home per the MPA law. You are in fact safe.
"A good life is never too short" My Dad
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Re: If you don't have hand gun license ?
[Re: DeRico]
#5020707
03/14/14 10:31 AM
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Joined: Jan 2011
Posts: 1,067
Steve
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Steve
Joined: Jan 2011
Posts: 1,067 |
I think the real question should be if I got pulled over for a routine traffic stop (speeding) should that officer know I have a handgun? I think it would save a bunch of [censored] pain not telling him, go about our ticket and go. If he orders a vehicle search for an unknown reason then I should tell him. Idk that's just my opinion you can fire away at it. Any time I have been pulled over for a routine traffic stop, I have produced both my drivers license and my CHL. Just a good idea. He's going to know you are a CHL holder when he runs your license anyway. Why give him cause to be suspicious? Chupa
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5020728
03/14/14 11:23 AM
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Joined: Dec 2013
Posts: 6,937
GasGuzzler
THF Trophy Hunter
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THF Trophy Hunter
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.....but the original post concerns non-CHL folks.
Pass the gravy.
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5023287
03/16/14 06:46 AM
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Joined: Feb 2012
Posts: 419
MEXICOHUNTER70
OP
Bird Dog
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OP
Bird Dog
Joined: Feb 2012
Posts: 419 |
Thank you guys very much ! Once again ask a ? And get your answer that's why I love this forum.
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Re: If you don't have hand gun license ?
[Re: MEXICOHUNTER70]
#5026759
03/18/14 04:47 PM
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Joined: Mar 2007
Posts: 84
Sharc
Outdoorsman
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Outdoorsman
Joined: Mar 2007
Posts: 84 |
Texas Law Shield can answer your questions. They specialize in the legal aspects of CHL
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