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Old 02-20-2012, 19:37   #1
JKD99
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Texas, concealed in car

I just got a new car and there is no good place to conceal my glock in it. I do not have my concealed permit yet, signed up next month, but is it still legal to conceal it IWB while driving? From what I understand I can as well as conceal IWB from my house to the car as well. Can somebody clarify for me please or somewhere where it says. As title says im in Texas. Thanks
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Old 02-21-2012, 10:33   #2
strakele
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You are correct. Just be real careful. If you were to get pulled over it could very easily become a sticky situation. It wouldn't be too much of a stretch of his imagination to assume that you plan to continue carrying it with you when you get out of the car. Could make for quite a hassle.
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Old 02-21-2012, 10:50   #3
fgutie35
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castle law extends to your vehicle, but it only covers "inside" the vehicle. If you get pulled over and you are IWB. at some point when asked to get out of the vehicle, you are going to have to remove your weapon which will expose it to the officer's plain view, which is one of the conditions you have to meet to have it "inside" your car "away" from plain view. Your best bet, is to use a type of mail or laptop bag, you can you trow on the passenger seat with the weapon inside. it will not raise suspisions, and you will have it within arms reach if needed.
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Old 02-21-2012, 11:58   #4
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Good points, thanks for the replies. I'll just be glad when I get my class out of the way next month and it won't be a problem at all.

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Old 02-21-2012, 12:03   #5
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Some additional info here. http://handgunlaw.us/states/texas.pdf

Find a way to have a little extra security if you leave your gun in your car. Don't just leave it laying under the seat.
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Old 02-21-2012, 17:03   #6
Ftttu
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Here is the basic law in Texas but there is more under
Sec. 46.03. PLACES WEAPONS PROHIBITED and other laws not state here:

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.


It is good to have a concealed carry permit but it isn't required as stated above.

Last edited by Ftttu; 02-21-2012 at 17:04.. Reason: spelling
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Old 02-21-2012, 21:04   #7
JKD99
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Quote:
Originally Posted by FAS1 View Post
Some additional info here. [URL]http://handgunlaw.us/states/texas.pdf[/URL]

Find a way to have a little extra security if you leave your gun in your car. Don't just leave it laying under the seat.
Have that one covered as well, I took my gunvault safe from my last truck and is already installed in the new one. Thanks again for the help.




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Old 02-21-2012, 22:38   #8
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A good place to start is with your state Attorney General's office. They should have a decent web site, and that is a bit more authoritative than other places.

I would not want to stake my freedom on something I read but failed to verify.

If I were really not sure, I would actually contact the Attorney General's office and plainly ask what I want to know and request for them to cite the source.

I think you may find that you can read the law and understand what it say, however without being able to see how it has been adjudicated, it is still just an educated guess.

I have found finding the appropriate laws in Kansas can be tough. Some laws may still be in committee or passed without the governor's signature. Others may have been superseded. this may not be clear in a basic Google search.

It is very easy to get a false reading without hearing from those who prosecute offenders.
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Old 02-27-2012, 21:00   #9
txinvestigator
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Quote:
Originally Posted by fgutie35 View Post
castle law extends to your vehicle, but it only covers "inside" the vehicle. If you get pulled over and you are IWB. at some point when asked to get out of the vehicle, you are going to have to remove your weapon which will expose it to the officer's plain view, which is one of the conditions you have to meet to have it "inside" your car "away" from plain view. Your best bet, is to use a type of mail or laptop bag, you can you trow on the passenger seat with the weapon inside. it will not raise suspisions, and you will have it within arms reach if needed.
The Castle Doctrine has nothing to do with where you can carry. It made two changes to the use of force laws and one to the civil code.

In 2007 the Legislators passed the "Motorist Protection Act" which has been codified into Penal Code 46.02 which allows a person to carry a handgun on or about their person if inside of or directly enroute to a motor vehicle they own is is under their control as long as four conditions are met;

1. The weapon must not be in plain view.
2. The person is not committing a crime (class C traffic offenses don't matter)
3. The person is not prohibited by law frpm possesing a firearm
4. The person is not a member of a criminal street gang.
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Old 02-27-2012, 21:02   #10
txinvestigator
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Originally Posted by ScottieG59 View Post
A good place to start is with your state Attorney General's office. They should have a decent web site, and that is a bit more authoritative than other places.

I would not want to stake my freedom on something I read but failed to verify.

If I were really not sure, I would actually contact the Attorney General's office and plainly ask what I want to know and request for them to cite the source.

I think you may find that you can read the law and understand what it say, however without being able to see how it has been adjudicated, it is still just an educated guess.

I have found finding the appropriate laws in Kansas can be tough. Some laws may still be in committee or passed without the governor's signature. Others may have been superseded. this may not be clear in a basic Google search.

It is very easy to get a false reading without hearing from those who prosecute offenders.

In Texa the AG will not answer such inquries from individuals, generally. However, all Texas laws can be found at our state legislatures website.
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