HB1815 question

[texas297]

Question in regards to the new law, HB1815 which allows non criminals to carry a concealed handgun in one's auto without the need for a CHL.

Being a CHL holder, do I still have to have my CHL on my person anytime I have a weapon in my car, and I am in the car?

99.9% of the time it's not an issue. But here is when I might not.

I generally keep a weapon in my truck. Let's say I came home from work, change clothes, get in the truck and drive to the track down the street for a jog. Times like that I sometimes don't even take my wallet with me. I just grab my spare key and go. Keeps my pocket's from getting weighted down.

I'm not looking for a discussion on the merits of a gun in the vehicle, or leaving the house without a DL. That can be discussed in another thread. I'm simply wanting to know if under HB1815 I am protected.

Thanks
David

[seamusTX]

Being a CHL holder, do I still have to have my CHL on my person anytime I have a weapon in my car, and I am in the car?

IMO, yes. The language of the law is perfectly clear:

GC §411.205. DISPLAYING LICENSE; PENALTY. (a) If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.

- Jim

[BrassMonkey]

IMHO, you don't have the luxury of carrying as a Non-CHL. You are wanting to know if you are using your chl if you are under the new rules for NON-CHL holders right? Jim is correct... Essentially, you cannot, not, be a chl holder at any time you are in possesion of a handgun...

Being a CHL holder, do I still have to have my CHL on my person anytime I have a weapon in my car, and I am in the car?

IMO, yes. The language of the law is perfectly clear:

GC §411.205. DISPLAYING LICENSE; PENALTY. (a) If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.

- Jim

[texas297]

That's what I was afraid of. Thanks.

[propellerhead]

But when you carry at home, you're not carrying under the CHL law, are you? Why can't the same apply to your vehicle or place of business? It seems the example given above would make you guilty of not being able to show your license but you would not be guilty of UCW.

[BrassMonkey]

State handgun laws are preempted in your home, I think your business too. Not quite sure on that one. I would also imagine you would get charged with Ucw, untilt hey verified you were indeed a CHL and then change it to failure to display license. This is assuming you get charged with anything at all.

But when you carry at home, you're not carrying under the CHL law, are you? Why can't the same apply to your vehicle or place of business?

[seamusTX]

But when you carry at home, you're not carrying under the CHL law, are you? Why can't the same apply to your vehicle or place of business? It seems the example given above would make you guilty of not being able to show your license but you would not be guilty of UCW.

I think that is correct.

However, it is an offense to drive without a driver license. I don't know if that is considered a class C traffic misdemeanor.

If you commit any offense other than a class C traffic misdemeanor while carrying a handgun in a vehicle, you are open to UCW.

State handgun laws are preempted in your home, I think your business too. Not quite sure on that one.

I don't think pre-empted is a valid concept in this case, and home is not relevant.

PC §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.

You can carry on any premises or vehicle that is under your control, whether it is your home, your business, rental property, or perhaps house-sitting.

- Jim

[BrassMonkey]

Post-Empted?

But when you carry at home, you're not carrying under the CHL law, are you? Why can't the same apply to your vehicle or place of business? It seems the example given above would make you guilty of not being able to show your license but you would not be guilty of UCW.

I think that is correct.

However, it is an offense to drive without a driver license. I don't know if that is considered a class C traffic misdemeanor.

If you commit any offense other than a class C traffic misdemeanor while carrying a handgun in a vehicle, you are open to UCW.

State handgun laws are preempted in your home, I think your business too. Not quite sure on that one.

I don't think pre-empted is a valid concept in this case, and home is not relevant.

PC §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.

You can carry on any premises or vehicle that is under your control, whether it is your home, your business, rental property, or perhaps house-sitting.

- Jim

[seamusTX]

Pre-empt means that one thing overrrides another.

For example, Texas law allows a felon who has kept his nose clean for five years after finishing his sentence to possess firearms under certain circumstances, but federal law pre-empts that. Felons are prohibited under federal law until they are pardoned or otherwise relieved of disability.

PC §46.02 is a single article of the law that makes it illegal to possess a handgun under certain conditions, and allows it under other conditions.

Maybe I'm just a language nerd.

- Jim

[BrassMonkey]

LOL,
I know what PreEmption is. It's what allows me to carry around any radio gear I want, including that which can pick up police band frequencies, and transmit on militaryfrequencies, whereas the non federally protected class of citizen cannot in some states...

Federal pre-Emption is a wonderful thing in some cases...

Pre-empt means that one thing overrrides another.

For example, Texas law allows a felon who has kept his nose clean for five years after finishing his sentence to possess firearms under certain circumstances, but federal law pre-empts that. Felons are prohibited under federal law until they are pardoned or otherwise relieved of disability.

PC §46.02 is a single article of the law that makes it illegal to possess a handgun under certain conditions, and allows it under other conditions.

Maybe I'm just a language nerd.

- Jim

[mr surveyor]

and after all this, no one asked about the driver of the vehicle being able to present a valid driver's license


yeah, I know "leave it for another thread"... but it's still gonna cost you, and probably much more without being able to present either!

[KBCraig]

LOL,
I know what PreEmption is. It's what allows me to carry around any radio gear I want, including that which can pick up police band frequencies, and transmit on militaryfrequencies, whereas the non federally protected class of citizen cannot in some states...

Can you carry a receiver tuned to 10.525 GHz and 24.15 GHz while driving in Virginia?

[KD5NRH]

LOL,
I know what PreEmption is. It's what allows me to carry around any radio gear I want, including that which can pick up police band frequencies, and transmit on militaryfrequencies, whereas the non federally protected class of citizen cannot in some states...

Can you carry a receiver tuned to 10.525 GHz and 24.15 GHz while driving in Virginia?

24.15 is shared with an amateur band, and 10.525 is just outside of one, so yes, but it needs to be a legitimate part of one's station equipment; i.e. it would need to be able to receive some sort of intelligible signal, not just indicate the presence of one in a manner that wouldn't be suitable for communications.

OTOH, if it just lit up an LED when a signal was present, you could call it a CW receiver with visual-only output. Blinking an LED and sounding a beeper would not be a useful means of decoding communications.

IOW, if you want to build a receiver, or if you can find a communications receiver commercially available that covers those, and have a current radio license, you should be able to use it under the Federal exepmtion.

The fun question would be, if you have the proper licensing to work on radar equipment, is there an exemption either under VA or federal law to allow you to transport active "test gear?"

[KBCraig]

It's fun to geek-speak in code.

[BrassMonkey]

dit dit

It's fun to geek-speak in code.