Texas Hunting Forum

If you don't have hand gun license ?

Posted By: MEXICOHUNTER70

If you don't have hand gun license ? - 03/13/14 04:14 AM

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 !
Posted By: Wburke2010

Re: If you don't have hand gun license ? - 03/13/14 04:20 AM

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
Posted By: billybob

Re: If you don't have hand gun license ? - 03/13/14 04:36 AM

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.
Posted By: TexFlip

Re: If you don't have hand gun license ? - 03/13/14 04:55 AM

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.
Posted By: Ruger1980

Re: If you don't have hand gun license ? - 03/13/14 06:06 AM

I would keep it in the center console, drivers side door panel, or glove box
Posted By: kamolaw

Re: If you don't have hand gun license ? - 03/13/14 11:19 AM

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.
Posted By: colt45-90

Re: If you don't have hand gun license ? - 03/13/14 12:34 PM

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.
Posted By: 603Country

Re: If you don't have hand gun license ? - 03/13/14 12:48 PM

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.
Posted By: psycho0819

Re: If you don't have hand gun license ? - 03/13/14 02:53 PM

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.
Posted By: Fishing Fester

Re: If you don't have hand gun license ? - 03/13/14 03:29 PM

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.
Posted By: TFF Caribou

Re: If you don't have hand gun license ? - 03/13/14 03:33 PM

Originally Posted By: psycho0819
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.
Posted By: soonerdg

Re: If you don't have hand gun license ? - 03/13/14 08:02 PM

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.
Posted By: hwillliams88

Re: If you don't have hand gun license ? - 03/13/14 08:35 PM

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.
Posted By: GriffGruff78

Re: If you don't have hand gun license ? - 03/13/14 08:45 PM

Originally Posted By: soonerdg
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.
Posted By: TFF Caribou

Re: If you don't have hand gun license ? - 03/13/14 08:47 PM

Originally Posted By: hwillliams88
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.
Posted By: hwillliams88

Re: If you don't have hand gun license ? - 03/13/14 09:10 PM

Originally Posted By: Tff caribou
Originally Posted By: hwillliams88
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
Posted By: DeRico

Re: If you don't have hand gun license ? - 03/13/14 11:42 PM

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.
Posted By: TFF Caribou

Re: If you don't have hand gun license ? - 03/14/14 12:01 AM

Originally Posted By: hwillliams88
Originally Posted By: Tff caribou
Originally Posted By: hwillliams88
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.
Posted By: 603Country

Re: If you don't have hand gun license ? - 03/14/14 12:15 AM

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.
Posted By: TFF Caribou

Re: If you don't have hand gun license ? - 03/14/14 12:18 AM

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..."
Posted By: target1911

Re: If you don't have hand gun license ? - 03/14/14 02:38 AM

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.
Posted By:

Re: If you don't have hand gun license ? - 03/14/14 10:31 AM

Originally Posted By: DeRico
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
Posted By: GasGuzzler

Re: If you don't have hand gun license ? - 03/14/14 11:23 AM

.....but the original post concerns non-CHL folks.
Posted By: MEXICOHUNTER70

Re: If you don't have hand gun license ? - 03/16/14 06:46 AM

Thank you guys very much ! Once again ask a ? And get your answer that's why I love this forum.
Posted By: Sharc

Re: If you don't have hand gun license ? - 03/18/14 04:47 PM

Texas Law Shield can answer your questions. They specialize in the legal aspects of CHL
Posted By: Nate C.

Re: If you don't have hand gun license ? - 03/20/14 02:47 AM

Originally Posted By: 603Country
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.


+1. See my signature for further information.
Posted By: Gone to Texas

Re: If you don't have hand gun license ? - 03/20/14 02:47 PM

Also, if you don't have a CHL get one! I moved to Texas from Maryland last year and one of the first things I did was get a CHL and it was the one of the best decisions I have made. Not only to carry a firearm but also to have another government issued I.D. so if I lose my license I have still have my CHL and Passport. Plus, it shows people that I am a "good guy" with a clean record because of the background check performed.

I love living in a state that protects God given rights. If I were in Maryland right now I would have to throw out a ton of magazines, get finger printed, and wait a month for my weapons registration to push through. Oh yeah, and I would not be able to carry a fire arm for protection.
Posted By: victor454

Re: If you don't have hand gun license ? - 04/03/14 12:42 PM

Also if you have moved to Texas become a member of the Texas State Rife Association. We have a lot of people moving to Texas that are not pro second amendment. Once Wendy is elected governor Obama will have a toe hold. It’s only a matter of time before this state turns blue. We have too many gun owners who choose to ride in the wagon and refuse to help pull the wagon.
Posted By: krmitchell

Re: If you don't have hand gun license ? - 04/03/14 12:56 PM

Originally Posted By: psycho0819
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.


+1 Been pulled over numerous times with my pistol in the center console (along with multiple gun cases in full view in the back seat). I don't mention it and never will. If they ask, then sure I'll let them know its there but otherwise, its none of their damn business.


Originally Posted By: target1911
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.


Good point there.
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