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[hooter]

For those of us that travel loaded, you might find this welcome news.
I knew the laws have relaxed somewhat but really didn't know how much.

http://www.dallasobserver.com/2007-10-25/news/have-gun-will-travel/

[matap]

I read about this the other day.  Very interesting, however without a CHL I would be very reluctant to leave a firearm in my vehicle for someone else to break-in and possibly take it for wrongful use.

[opos04]

One good thing about holding a CHL. You have been checked out by the DPS And FBI. If you get stopped and your tags are run, the officer knows you should not be a threat.  Keep your hands in plain site, hand them your CHL and drivers licence, and tell them that you are armed and where it is located. Everything should be good to go.

[hipshot]

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.(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.

********************************************************************************************
Leave your Crips card at home.................

[Tweetys_Revenge]

So what do you do Im out for a ride going from point A to point B I am not allowed to carry or am I

[hipshot]

If:
     1.  The vehicle is registered to or leased/rented by you;
     2.  The weapon is concealed;
     3.  You are not committing any offenses other than Class C traffic violation(s);
     4.  You are not prohibited by law from possessing the weapon, and;
     5.  You are not a member of a criminal organization;

You may legally carry while in the vehicle. The way the law is worded: "inside of", may give someone with an agenda cause to try to charge you on a motorcycle, but I doubt that would be a common occurrence. To my knowledge, it hasn't been an issue yet. This has been the law since 01 September 2007.

opos04, the CHL will come back to your DL or ID, not to your tags. Here's a link to most of the laws you might want to see:

http://www.statutes.legis.state.tx.us/

It's not real quick on updates though; there are some new laws as of this year that don't show up yet.

[SouthernXer]

www.texaschlforum.com

Lots of good info here, too.   

[hipshot]

Be careful whose advice you take in some of those online forums. I've seen some dangerous information posted by some self-appointed "experts" in some of them that could get you into a serious bind. I recall one guy a few years ago posting that you could legally carry in a particular establishment in Houston because the lettering on that business' 30.06 sign was just under 1" tall. That clown refuses to respect someone else's right (and that business ownr does have the right, however stupid he may be, to bar CHL holders from carrying in his business) but demands that his right to defend himself be respected. He obviously wasn't aware of the actual text of the law he was referring to, but wanted you to believe that he knew what he was talking about.

Any of you Austinites recall the Jorge Vielma shooting? A couple of Democrats decided to get some of that free beer the government owes them, and went to a convenience store on Ben White Blvd. to wahoo a 12-pack (at least they had good taste -- he grabbed Budweiser). As Vielma ran out the door with the 12-pack, the young clerk (Juan Moreno, IIRC) grabbed his 9mm and ran out after him and lit him up, firing sixteen rounds. Only one round -- the last one fired -- hit Vielma. Vielma dropped the beer, staggered into the car, and they hit the dusty trail. Vielma died, and his partner left his body in the car and walked home, unsure what to do next. Austin PD found the car, ran the plate, and went to visit the driver. From there they went to the store where our young hero Moreno had policed up the brass and the beer and put them in the dumpster, erased the security tape, and had no idea what the police were talking about. The police found the beer and the brass, and arrested Moreno for homicide and evidence tampering. An Austin cop (and he actually was an Austin cop) on one of the tactical forums I used to frequent got online and began pontificating that he was an expert on the Texas Penal Code because they made him learn it in the academy and that the shooting was entitely legal because TPC 9.42 says you may use deadly force to prevent theft during the nighttime. And all the radical rightwing wannabe BillyBadasses were cheering him on; they believed this clown. When it was pointed out to him that 9.42 also states:"(3)  he reasonably believes that:(A)  the land or property cannot be protected or recovered by any other means;  or(B)  the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.", and that 9.22 (which also aplies) states,"Conduct is justified if:(1)  the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;(2)  the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct;", the Austin cop and his entourage of believers dismissed the admonisher as a troll trying to stir up trouble, and one who didn't know what he was talking about. Now, the law's pretty plain here, but a lot of those readers chose to believe the idiot Austin cop, just because he claimed to be an expert. I doubt that "expert" will be there for any of those morons if they shoot the eight-year-old kid from next door for stealing the potted petunia off the front porch after sundown(theft in the nighttime). But they believe him, just the same.........

I've seen a whole lot of that kind of nonsense on the various forums, so think about the source, and research the law, before you believe some of those idiots. Remember: "I read it on the internet" may impress the drunks down at the bar, but it won't impress a jury or a judge, and it certainly won't scare off the lawyer questioning you on the stand.

[opos04]

There is one tool that you have and it didn't come with your weapon or a CHL. That is common sense! If you use good sense and read the Penal Code you should have a good outline as to the use of force and deadly force and there applications.

[xcaliber]

common sense and what do you want to live with. I'm not gonna kill somebody for stealing a six pack of beer. If they are breaking into my house, I'm gonna blast 'em to protect myself but if they got the TV and are already hauling a$$, I'm not killing somebody over a TV. I've seen the aftermath of a killing, don't want to live with that on my mind.

[hipshot]

I know a guy who killed a kid stealing his brand new Suburban from his driveway. He heard glass break, grabbed his shotgun, went outside, and ended up killing the kid as he tried to flee the driveway in his Suburban (it was nighttime). This was back in the 80s. Over ten years later, after the civil suit was finally over, he told me that if someone tries to steal his vehicle from his house now he will run downstairs and give them the keys, and offer them a signed blank check. Said it'd be a hell of a lot cheaper than the lawsuit, and it would cause him and his family immeasurably less aggravation, anxiety, rage, and despair than what they went through in the aftermath of the killing.

****He also told me that if he ever takes a human -- or in this case, subhuman --  life again, it will be a civil attorney. ****

[hipshot]

Something I'd like to add here, specifically addressing Paul's post. Niterider (who has a CHL) recognized that there are times that he must leave his firearm in his vehicle. This occurs often with CHL holders, and is routine for non-CHL holders who carry. Mike bought a safe and attached it to his vehicle, so he can secure his firearm when circumstances dictate that he leave it in the car. We might all benefit from his wisdom. With a safe in the cab, nobody sees you putting it in the trunk, and most vehicle burglars won't stay in a vehicle long enough to defeat a safe. Great insurance, and a whole lot cheaper than replacing a gun. Obviously, bags -- even hard bags -- on a bike aren't very secure. But a safe bolted down to the deck in the cab or cable-locked to the seatframe in your car or truck, would require more time than most vehicle burglars are willing to spend to defeat. They also make vehicle-specific safes that mount out of sight in consoles and gloveboxes.

Get a safe for your vehicle, and put the serial number of your weapon in your cellular phone or wallet, so if it is stolen you can get it entered into TCIC/NCIC right away.

[xcaliber]

Great advice , Hipshot,

[SouthernXer]

   I was just simply giving another resource to use when researching Texas CHL and it's law's.  There is one solid resource that I know of on that forum named Charles Cotton.  When in doubt, you could always shoot him a quick message andsee what his response is, too. 

As with any online forum, take the information and make your own informed decision.  In this case, the wrong information could cost you more than doing your desmog wrong here on this forum.   

[tom cat]

I know a entire profession would be out of work if I got my way, but if we had a law in place stating that all laws on the books must be worded in such a way that a 5th grader can read and understand them, we would have no need to guess what the law really says. Only a lawyer would say (define IS), even if he was president at the time. I know the wording of the laws is just job security for lawyers but there is no need for all the built in confusion.