my wife is under 21 can she have a handgun in her truck?

[Ameer]

MPA doesn't have an age limit. If she can legally possess the handgun, isn't a gang member, and isn't committing a crime, MPA applies.

[hpcatx]

what if she had it in her purse? or concealed on her person? while inside the vehicle

Since the weapon must remain concealed according to the MPA and it's legal to carry it between the house and vehicle, I would speculate she could have it in her purse or on her person. The usual IANAL and similar caveats apply.

[mr surveyor]

If she has it on her person, or has to retrieve something from her purse, it could be a problem is she is asked to "step out of the vehicle" on a traffic stop.

I'd suggest that you find that certain convenient to reach spot in the vehicle and place it there on each trip.

[hpcatx]

If she has it on her person, or has to retrieve something from her purse, it could be a problem is she is asked to "step out of the vehicle" on a traffic stop.

If that happens, I would certainly advise the LEO as to carrying under MPA.

[mr surveyor]

If she has it on her person, or has to retrieve something from her purse, it could be a problem is she is asked to "step out of the vehicle" on a traffic stop.

If that happens, I would certainly advise the LEO as to carrying under MPA.

I may be wrong, but unless the person "wearing" the handgun outside of the vehicle is either on there way to, or from the vehicle and a place they are covered by law to trasnport to/from, the MPA coverage ends at the door of the vehicle. Notice I suggested a possible problem if the person is asked to step outside the vehicle. Yep, if you're carrying on body (without CHL), your best bet is to inform before stepping out "armed"... and hope the officer will interpret the MPA in your favor.

surv

edit to add.... maybe my "retrieve something from the purse" comment wasn't properly set up. My thought was the person was already asked to step out of the vehicle and may be asked to retrieve something from the purse while outside the vehicle. Having the firearm in the purse under those circumstances, without a CHL, might be a problem, don't you think?

[speedsix]

... 46.02 (UCW)(a-1)states: "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:..." and goes on to talk about concealed, activity, prohibitions, gangs...


...if you don't fall under those disqualifications [46.02(a-1)(1) (2)(A)(B)(C)] then you DON'T commit an offense if you intentionally, knowingly, or recklessly carry on or about his or her person a handgun in a motor vehicle...etc...
...on or about your person means in a holster, your belt, your pocket, your purse, a bag, a case...your glove box...so, according to the law, your wife can legally carry a handgun on her person, or in her purse,as long as it's concealed and she is inside of a motor vehicle she owns or controls...
...any LEO familiar with what 46.02 says should have no problem with her telling him she had a weapon in her purse or pocket...as long as it was concealed and she wasn't prohibited by any of the disqualifications in the law...

...he or she WOULD lose MPA by exiting the vehicle with the weapon if she were out on the street or in a public place...for sure tell the officer and let him direct you how to get rid of the weapon...and, since you would be acting at his direction, he wouldn't be able to charge you for the fact that he could see it as you divested yourself of it...the law's written in a pretty good common sense fashion...I guess so us "lay people"(also known as responsible, law-abiding citizens) could understand it and obey it...
...our legislators, lobbyists, folks like Charles worked long and hard over a number of years to get this law to this point...it's a blessing and I intend to take the fullest advantage of it and encourage others to do so...else why did they all go through this for us?

[bayouhazard]

If she has it on her person, or has to retrieve something from her purse, it could be a problem is she is asked to "step out of the vehicle" on a traffic stop.

I'd suggest that you find that certain convenient to reach spot in the vehicle and place it there on each trip.

I agree with your suggestion but I think she would be justified because she would be complying with a peace officers demand.

[hpcatx]

If she has it on her person, or has to retrieve something from her purse, it could be a problem is she is asked to "step out of the vehicle" on a traffic stop.

If that happens, I would certainly advise the LEO as to carrying under MPA.

Yep, if you're carrying on body (without CHL), your best bet is to inform before stepping out "armed"... and hope the officer will interpret the MPA in your favor.

That was the intent of my comment... give notice of the weapon (or the need to disarm while in the vehicle) before stepping out, where carrying would be illegal.

[PBratton]

The NRA Store has a holster mount kit that will provide a place under the steering column to mount a holster. May be one solution for you.

http://www.nrastore.com/nrastore/Produc ... 22685&ct=e

[speedsix]

...very neat for accessibility but doesn't conceal at all...and thus wouldn't meet the MPA requirements...perhaps with some velcro-bordered material that she could rip off before drawing, it could be covered...but might still encourage someone to break in to see what was hidden there...

[C-dub]

If she has it on her person, or has to retrieve something from her purse, it could be a problem is she is asked to "step out of the vehicle" on a traffic stop.

I'd suggest that you find that certain convenient to reach spot in the vehicle and place it there on each trip.

I agree with your suggestion but I think she would be justified because she would be complying with a peace officers demand.

Probably only if the officer knew the person they were ordering out of the vehicle had a gun on their person before they made the demand.

[Oldgringo]

It will all depend on what the LEO charges - if any and thereafter, how the judge/court interprets the law and the infraction - if any.

ITMT, concealed is concealed and good luck.