Carrying in car confusion

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squirrelmaster9
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Carrying in car confusion

#1

Post by squirrelmaster9 » Tue Jun 26, 2018 12:54 pm

While im waiting for my ltc im want to carry in my car. The car is under my mothers name so thats where im confused. Am i allowed to conceal carry within reach while im driving? Or do i have to be the owner?


OneGun
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Re: Carrying in car confusion

#2

Post by OneGun » Tue Jun 26, 2018 1:12 pm

I'm not an attorney, but I understand that you can carry in your vehicle because it is an extension of your home. I have neighbors that do not have a LTC, but keep a gun in their car/trucks.
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chamberc
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Re: Carrying in car confusion

#3

Post by chamberc » Tue Jun 26, 2018 1:53 pm

OneGun wrote:
Tue Jun 26, 2018 1:12 pm
I'm not an attorney, but I understand that you can carry in your vehicle because it is an extension of your home. I have neighbors that do not have a LTC, but keep a gun in their car/trucks.
This is incorrect. You are carrying under the authority of the MPA (Motorist Protection Act)
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RoyGBiv
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Re: Carrying in car confusion

#4

Post by RoyGBiv » Tue Jun 26, 2018 1:54 pm

Must be concealed.
Cannot exit the car with it, unless en route directly between car and house/business.

I am not a lawyer. This is my OPINION, not legal advice.
I am not a lawyer. This is NOT legal advice.!
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Soccerdad1995
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Re: Carrying in car confusion

#5

Post by Soccerdad1995 » Tue Jun 26, 2018 1:55 pm

chamberc wrote:
Tue Jun 26, 2018 1:53 pm
OneGun wrote:
Tue Jun 26, 2018 1:12 pm
I'm not an attorney, but I understand that you can carry in your vehicle because it is an extension of your home. I have neighbors that do not have a LTC, but keep a gun in their car/trucks.
This is incorrect. You are carrying under the authority of the MPA (Motorist Protection Act)
So correct conclusion, but different reasoning for that conclusion.
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Soccerdad1995
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Re: Carrying in car confusion

#6

Post by Soccerdad1995 » Tue Jun 26, 2018 1:57 pm

RoyGBiv wrote:
Tue Jun 26, 2018 1:54 pm
Must be concealed.
Cannot exit the car with it, unless en route directly between car and house/business.

I am not a lawyer. This is my OPINION, not legal advice.
:iagree:

You will potentially have an issue if you are travelling with minors (or anyone else who cannot legally be in possession of a firearm), and you need to exit the vehicle (to pump gas, etc). You either need to have the other folks get out of the vehicle, or you need to have a locked container for the firearm.
Ding dong, the witch is dead


jonmo1
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Re: Carrying in car confusion

#7

Post by jonmo1 » Tue Jun 26, 2018 1:59 pm

I think OPs confusion is about the car not belonging to him. It’s his mothers car.
You’re still ok.
The wording of the law is something like
“vehicle that you own OR are in control of”

So if your mother gave you permission to drive the car, then you have control of it.

Also not a lawyer, just my interpretation.

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RoyGBiv
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Re: Carrying in car confusion

#8

Post by RoyGBiv » Tue Jun 26, 2018 2:05 pm

jonmo1 wrote:
Tue Jun 26, 2018 1:59 pm
I think OPs confusion is about the car not belonging to him. It’s his mothers car.
You’re still ok.
The wording of the law is something like
“vehicle that you own OR are in control of”

So if your mother gave you permission to drive the car, then you have control of it.

Also not a lawyer, just my interpretation.
Missed that...
As long as you are not committing a crime, otherwise prohibited, member of a gang, MPA applies.

Here's a lawyers version:
http://coferlaw.com/4862/is-it-illegal- ... -in-texas/

Here is the enrolled Bill....
https://capitol.texas.gov/tlodocs/80R/b ... 01815F.htm

And the relevant language... (emphasis mine)
(a) A person commits an offense if the person [he]
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.
I am not a lawyer. This is NOT legal advice.!
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bbhack
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Re: Carrying in car confusion

#9

Post by bbhack » Tue Jun 26, 2018 7:40 pm

RoyGBiv wrote:
Tue Jun 26, 2018 1:54 pm
Must be concealed.
Cannot exit the car with it, unless en route directly between car and house/business.

I am not a lawyer. This is my OPINION, not legal advice.
If you were a lawyer, you would not be giving legal advice to anyone other than a client, so there's that.

Free legal advice is worth what you pay for it - which is why laws must be clear for everyone's interpretation.
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ScottDLS
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Re: Carrying in car confusion

#10

Post by ScottDLS » Tue Jun 26, 2018 7:55 pm

bbhack wrote:
Tue Jun 26, 2018 7:40 pm
RoyGBiv wrote:
Tue Jun 26, 2018 1:54 pm
Must be concealed.
Cannot exit the car with it, unless en route directly between car and house/business.

I am not a lawyer. This is my OPINION, not legal advice.
If you were a lawyer, you would not be giving legal advice to anyone other than a client, so there's that.

Free legal advice is worth what you pay for it - which is why laws must be clear for everyone's interpretation.
:iagree:

When I offer my advice or opinion on a law, I am doing just that, offering my advice or opinion, in accordance with my understanding of the 1st amendment to the US Constitution... What I am not doing, and I challenge anyone (including the State Bar) to prove otherwise, is practicing law without a license... :biggrinjester: Even if I don’t say I’m not a lawyer at the end of my post. Maybe I am a lawyer, but I’m not practicing law... :shock: :shock: Maybe I’m an English Barrister. :evil2:

-Nothing in this post is to be considered an offer to sell or an inducement to invest in securities whether registered or not. ScottDLS is not a registered investment advisor in any state or American Samoa...and postings to this forum are for entertainment value only and do not represent the opinions of ScottDLS wife, children, parents, or siblings, those of his employer.... :rules:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


NNT
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Re: Carrying in car confusion

#11

Post by NNT » Wed Jun 27, 2018 5:32 am

This only applies if you are driving (control of car)? As a passenger do you lose that protection?

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Liberty
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Re: Carrying in car confusion

#12

Post by Liberty » Wed Jun 27, 2018 6:28 am

NNT wrote:
Wed Jun 27, 2018 5:32 am
This only applies if you are driving (control of car)? As a passenger do you lose that protection?
Not if you are an owner or partial owner of the car.
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Tex1961
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Re: Carrying in car confusion

#13

Post by Tex1961 » Wed Jun 27, 2018 4:14 pm

ScottDLS wrote:
Tue Jun 26, 2018 7:55 pm
bbhack wrote:
Tue Jun 26, 2018 7:40 pm
RoyGBiv wrote:
Tue Jun 26, 2018 1:54 pm
Must be concealed.
Cannot exit the car with it, unless en route directly between car and house/business.

I am not a lawyer. This is my OPINION, not legal advice.
If you were a lawyer, you would not be giving legal advice to anyone other than a client, so there's that.

Free legal advice is worth what you pay for it - which is why laws must be clear for everyone's interpretation.
:iagree:

When I offer my advice or opinion on a law, I am doing just that, offering my advice or opinion, in accordance with my understanding of the 1st amendment to the US Constitution... What I am not doing, and I challenge anyone (including the State Bar) to prove otherwise, is practicing law without a license... :biggrinjester: Even if I don’t say I’m not a lawyer at the end of my post. Maybe I am a lawyer, but I’m not practicing law... :shock: :shock: Maybe I’m an English Barrister. :evil2:

-Nothing in this post is to be considered an offer to sell or an inducement to invest in securities whether registered or not. ScottDLS is not a registered investment advisor in any state or American Samoa...and postings to this forum are for entertainment value only and do not represent the opinions of ScottDLS wife, children, parents, or siblings, those of his employer.... :rules:
Excellent reply...
I ordered a chicken and an egg from Amazon. . . I’ll let you know.

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