Question About HB823

[Kawabuggy]

While I am waiting for my CHL to arrive (275 days & counting) I was wondering about my ability to carry in "a" car. Note, I never drive my own personal car. I am always in a company vehicle, or in customer vehicles. If I am carrying a gun in a car that does not directly belong to me, will I get in trouble in Harris county?

Also, since I make bank deposits at the end of each business day, I carry my gun locked & loaded in my brief case with the cash. If stopped and I am NOT in my own personal vehicle, and I am asked for my license/ID, I will have to open my briefcase to retrieve it.. This poses a problem because I don't want to put myself at risk opening a briefcase with a gun in it and have the officer see it and react accordingly. Until my CHL arrives, what would you recommend? Do I inform the officer that I have a gun with my ID inside my locked brief case and then ask how he wants to proceed? Or, should I just tell him, I don't have my wallet but I know my DL # (which I do). Will telling the officer, and having the gun, get me arrested?

Because I drive different cars back and forth every day, I can't risk leaving it under the seat, or in the glovebox, or anywhere else inside the car. In an average day, I am driving 4-5 different cars.

[LarryH]

IANAL, but . . .

If you have "authorization" to drive the car (and it certainly sounds like you do), the vehicle is "under your control" and you should be golden as far as having a gun in the car with you.

For the second part of your question, why do you keep your ID in the briefcase? Mine has always been in a billfold in the left back pocket of my jeans (or, occasionally, slacks). Having your ID on you would alleviate the worry of having the LEO see your pistola.

[seamusTX]

You can legally carry a concealed handgun in a vehicle that you own or control.

The word control was added to cover leased and rented cars, but it would also apply to your case.

You are correct that opening a briefcase and exposing a handgun would be problematic. it would actually be a violation of the law, because the the handgun would not be concealed at that point.

Why don't you carry your wallet in your pocket?

I would not volunteer any information. Police generally don't ask if you have weapons, especially if you are clean-cut and going about your business.

I also would not lock a pistol in a brief case. It would be too slow to retrieve in a pinch. I would get a case with multiple compartments, like a soft computer case.

As usual, I am not a lawyer and this is not legal advice.

- Jim

P.S.: I see LarryH typed faster than I.

[Kawabuggy]

Great replies guys. Thanks for the insight.

The reason I have kept the gun locked in my briefcase was because I was not sure of how the laws worked. I did not know if having a loaded gun within arms reach was against the law or not. I figured that having it locked up, should I get stopped, would keep me from being arrested.

Again, thanks for the fast replies, and great advice.

[seamusTX]

For the purpose of illegally carrying weapons, the weapon is considered to be "about your person" if you can reach it without changing the general position of your body. Locked in a briefcase would not help.

Therefore, you can't legally walk down the street carrying a handgun in a locked case, unless you have a CHL or are on the way from your home or business to your vehicle or a few other exceptions. It might as well be in a holster on your belt for legal purposes.

Having it locked up, unloaded, etc., could help get the charges dropped because they would indicate that you did not have criminal intent.

- Jim

[Captain Matt]

In practice, I don't see how the cops find out you have a gun if the briefcase is locked.

That assumes your ID is in your pants pocket or somewhere else outside the locked briefcase.

[seamusTX]

They would find it only if the had probable cause to search you (suspicion of drugs or something like that).

Even if they did find it, or you told them about it, it's completely legal to possess as long as it is concealed and you are not committing some other crime.

This is something that a few people are going to be bitten by. If a person is caught driving drunk, in possession of pot, or some other offense higher than a class C misdemeanor, he can also be hit with UCW, which is a class A misdemeanor. That leads to enhanced penalties for some other offenses, and it's worse in a school zone.

- Jim

[bdickens]

Also, Texas law has never made a distinction between a loaded and an unloaded firearm.

[asleepatthereel]

So what happens if the briefcase full of cash, your ID, and your weapon gets stolen? Not only has the BG got the money, he also has a new gun and a new identity. You can legally carry in a vehicle you control. Get a holster if you dont already have one. Just remember to disarm discreetly and secure it before you do your business until your plastic is in hand. What is your companies policy concerning firearms? Just because you are legal according to the law, doesnt mean you cant get fired.

I recommend you rethink your practice. Should you continue to carry it this way, by all means notify the officer that there is a gun in the briefcase before you open it. Be prepared for an earfull from him, but it is far better than having him see it without you notifying him first.

At the very least, get yourself a wallet and keep your ID in it. You werent planning on keeping your CHL in the briefcase too were you?

[seamusTX]

I think carrying in a holster in your car when you don't have a CHL is problematic.

There are any number of events that could require you to get out of the car quickly without time to disarm. Once your feet touch the ground, you are technically in violation of PC 46.02.

While it is quite possible to arm and disarm safely in a vehicle, some people find it difficult because of physical limitations.

Also, IMHO, frequent handling of a weapon opens the door to accidental discharges.

I think you're much better off with a bag that you can draw from quickly, but leave in the car when you have to get out. The weapon is out of sight, and you don't have touch it unless you need it.

- Jim