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Weapon in Auto while in waiting room
Posted: Tue Apr 08, 2008 11:51 am
by old farmer
Morn"

What is status of a person having weapon in your car while pending a CHL? I will be on vacation for 2 - 3 week, next month.

If my CHI is issued during this vacation and I am stoped for traffic violation (speeding , burned out tail light

). : I will not have the license. Do I go to jail? Currently, I plan to store unload locked weapons in truck of car when out of Texas.
thank you

Re: Weapon in Auto while in waiting room
Posted: Tue Apr 08, 2008 11:57 am
by longtooth
You did not say if you were going out of state so everything I say is for in state vacation.
W/o your CHL you can have a handgun in the vehicle as long as you meet these 5 criteria:
1. In a car that you own or is in your control (or on the way directly to the car).
2. concealing the handgun (it cannot be in plain view)
3. Not engaged in any criminal activity other than a class C traffic misdemeanor
4. Not prohibited by law from possessing a firearm
5. Not a member of a criminal street gang.
You might consider having someone you trust check your mail & if it comes in at an early date have them overnight it to you.
Then you would have your plastic & could vacation armed.
Re: Weapon in Auto while in waiting room
Posted: Tue Apr 08, 2008 12:35 pm
by old farmer
longtooth wrote:You did not say if you were going out of state so everything I say is for in state vacation.
W/o your CHL you can have a handgun in the vehicle as long as you meet these 5 criteria:
1. In a car that you own or is in your control (or on the way directly to the car).
2. concealing the handgun (it cannot be in plain view)
3. Not engaged in any criminal activity other than a class C traffic misdemeanor
4. Not prohibited by law from possessing a firearm
5. Not a member of a criminal street gang.
You might consider having someone you trust check your mail & if it comes in at an early date have them overnight it to you.
Then you would have your plastic & could vacation armed.
Ok
Depending on the US Mail, is not a good idea.

Thank you.
Travel route La, AR, MS, TN, MO and Iowa. All of the states have recipricity with Texas, except Iowa. I know lhe law in Iowa.
It is legel to have a weopon in the car with the criteria of the handgun is in truck; unload; locked case and without ammunition the same area.
My question is about being stoped in Texas and recipicicial states and not have the CHI license with you. The handgun is in truck; unload; locked case and without ammunition .

Re: Weapon in Auto while in waiting room
Posted: Tue Apr 08, 2008 12:52 pm
by aardwolf
Chaplin wrote:My question is about being stoped in Texas and recipicicial states and not have the CHI license with you. The handgun is in truck; unload; locked case and without ammunition .

In Texas you're good to go in a car without a concealed handgun license under the conditions longtooth posted.
If you want to have it loaded and available for emergencies, you can check the law about unlicensed carry in other states. Reciprocal only matters if you have a license in your possession (except maybe at trial.)
Re: Weapon in Auto while in waiting room
Posted: Tue Apr 08, 2008 1:00 pm
by Keith B
Chaplin wrote:longtooth wrote:You did not say if you were going out of state so everything I say is for in state vacation.
W/o your CHL you can have a handgun in the vehicle as long as you meet these 5 criteria:
1. In a car that you own or is in your control (or on the way directly to the car).
2. concealing the handgun (it cannot be in plain view)
3. Not engaged in any criminal activity other than a class C traffic misdemeanor
4. Not prohibited by law from possessing a firearm
5. Not a member of a criminal street gang.
You might consider having someone you trust check your mail & if it comes in at an early date have them overnight it to you.
Then you would have your plastic & could vacation armed.
Ok
Depending on the US Mail, is not a good idea.

Thank you.
Travel route La, AR, MS, TN, MO and Iowa. All of the states have reciprocity with Texas, except Iowa. I know lhe law in Iowa.
It is legel to have a weopon in the car with the criteria of the handgun is in truck; unload; locked case and without ammunition the same area.
My question is about being stoped in Texas and recipicicial states and not have the CHI license with you. The handgun is in truck; unload; locked case and without ammunition .

Reciprocity means nothing until you have a CHL. Once you have that, then you must follow that states rules for concealed carry. Until that time, I know that Arkansas and Missouri have a law on 'peaceable journey' where if you are truly traveling, you can have the handgun in the car. Tennessee does not.
Also, Missouri allows for possession of a concealed handgun in the vehicle, even without a CHL, if you can legally own the weapon. Arkansas has no such rule, and I am pretty sure Tennessee doesn't. You have to follow federal rules in that state.
Hope that information helps!
Re: Weapon in Auto while in waiting room
Posted: Tue Apr 08, 2008 1:12 pm
by longtooth
I am glad I am a homebody. Aint seen all O Texas yet.
Re: Weapon in Auto while in waiting room
Posted: Tue Apr 08, 2008 1:17 pm
by KBCraig
Louisiana is both a "car carry" and "open carry" state, with no license needed for either.
Re: Weapon in Auto while in waiting room
Posted: Tue Apr 08, 2008 1:21 pm
by Keith B
KBCraig wrote:Louisiana is both a "car carry" and "open carry" state, with no license needed for either.
Oops, missed LA and MS. Thanks Mr. Craig!!
Also, Mississippi has the car carry, but not open carry.
Re: Weapon in Auto while in waiting room
Posted: Tue Apr 08, 2008 1:31 pm
by seamusTX
Chaplin wrote:What is status of a person having weapon in your car while pending a CHL? I will be on vacation for 2 - 3 week, next month. If my CHI is issued during this vacation and I am stoped for traffic violation (speeding , burned out tail light I will not have the license. Do I go to jail? Currently, I plan to store unload locked weapons in truck of car when out of Texas.
In my opinion, you would not be arrested if you were stopped in Texas in this circumstance. It is legal, as stated above, for someone without a CHL to have a handgun in a car in Texas. Furthermore, you are beyond a doubt traveling.
Failing to present your CHL when armed is not a criminal offense the first time it happens. It can be a basis for suspending your CHL.
Unless the cop is a jerk, I think he would accept your explanation.
Only Texas peace officers have access to the fact that you have a CHL based on your driver license. Police in other states have no way of knowing if you don't show it to them.
- Jim
Re: Weapon in Auto while in waiting room
Posted: Tue Apr 08, 2008 4:33 pm
by flintknapper
KBCraig wrote:Louisiana is both a "car carry" and "open carry" state, with no license needed for either.
Depending upon the vehicle....that could get pretty tiresome.
Re: Weapon in Auto while in waiting room
Posted: Tue Apr 08, 2008 11:08 pm
by NcongruNt
Looking at the subject of this thread, I was expecting a discussion about concealing a MAC-10 while waiting at the doctor's office.
Now that I've read through the thread, it looks like everyone's pretty much answered your question.

Re: Weapon in Auto while in waiting room
Posted: Wed Apr 09, 2008 2:47 pm
by Kythas
NcongruNt wrote:Looking at the subject of this thread, I was expecting a discussion about concealing a MAC-10 while waiting at the doctor's office.
Now that I've read through the thread, it looks like everyone's pretty much answered your question.

I was thinking the same thing! I wondered why anyone would ask about a gun in your car while you're at the doctor's office.
