IS it considered failure to conceal in your car?

[age_ranger]

I know this must have been covered somewhere, but a search didn't pull it up right away, so I'll ask and hope that more people were wondering the same thing as me.

I recall hearing but can't recall the facts about flashing in the car. When I take out my pistol to leave it in the car or re-arm after getting back in, do I need to worry about it? Is the car considered an extension of my domain? I know the garage is no big deal to open carry in, but what about the car? Anyone have all the specifics?

Thanks in advance. This place is a great source of info for me since my memory fades Monday thru Wednesday.

[Smokewagon]

I am very mindful that no one sees when I arm or disarm in the car. Concealed even in the car is key.

[stevie_d_64]

Before "Txi" comes in here and says there is no "flashing" or "brandishing" again...I wanted to beat him to the punch this time...

I wouldn't worry about this too much...Technically yeah, someone might have a coniption fit if they actually saw you, but then what really would they have to complain about...

You will have made a reasonable effort to maintain concealment in these instances...Just be careful, and keep the booger hooker out of the danger zone when you do all of this in a rather challenging environment like your vehicle...

[CWOOD]

Plain sight is the thing you need to concern yourself.

That will vary with the circumstances. At night parked on the street in front of your house is not the same as 5:00PM in a Wal-Mart parking lot.

If you are in the latter location with folks milling and teeming around your vehicle, I would recommend being EXTREMELY discreet. If anyone can see your weapon while walking by, you are probably in violation. If you cannot manage the reholster without being visible to those passing by, you might want to drive to another part of the parking lot for the time it takes to re-arm.

On the other hand, at night on the street in front of your house, you will have a lot more flexibility.

The question to ask is if someone in the area sees you and calls in about a 'man with a gun', the officer is likely to feel it obviously was not well concealed because someone obviously saw it.

I keep a white terry towel in the front seat and if I have to stow it in the truck tool box, I just wrap it up. When I retrieve it, if the coast in not clear, I just leave it in the towel next to my leg until I can get to a more discreet location to rearm with a little privacy.

[txinvestigator]

w/ all of the above!

Stevie, I owe you now.......

[seamusTX]

This law defines where a person can carry a handgun, regardless of CHL status:

PC §46.15. NONAPPLICABILITY....
(b) Section 46.02 does not apply to a person who: ...
(2) is on the person's own premises or premises under the person's
control ...
(3) is traveling;
(4) is engaging in lawful hunting, fishing, or other sporting activity
on the immediate premises where the activity is conducted, or is
directly en route between the premises and the actor's residence, if the
weapon is a type commonly used in the activity; ...

A car is not a "premises." Only real estate or a recreational vehicle with living quarters fits that definition.

Then we have:

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.

For practical purposes, I recall a case several years ago where one CHL holder was showing his piece to another by holding it in the trunk of his car. A bystander saw him and called 911. That resulted in an arrest, but I don't know how the case was resolved.

- Jim

[Rex B]

[quote=

For practical purposes, I recall a case several years ago where one CHL holder was showing his piece to another by holding it in the trunk of his car. A bystander saw him and called 911. That resulted in an arrest, but I don't know how the case was resolved.

[/quote]

Dang, that sounds pretty harsh!

[Charles L. Cotton]

w/ all of the above!

Stevie, I owe you now.......

[seamusTX]

Dang, that sounds pretty harsh!

How about this?

- Jim

[stevie_d_64]

w/ all of the above!

Stevie, I owe you now.......

I was just trying to help save you some strain once again on the digits there...

Geesh, wait till you see my bill!

The one time I finally catch something before you get to get on the pulpit with the brandishing thing and boom...

I get grief...

I'm charging you an extra 10%...

I'm sending "Stupid" up to collect!

(I am soooooo going to hell for this!)

[age_ranger]

Stevie.....still gonna send me the 10% for starting this thread like we discussed?

[maximus2161]

Dang, that sounds pretty harsh!

How about this?

- Jim

Geez I sure hope things have changed!

[TX Rancher]

Dang, that sounds pretty harsh!

How about this?

- Jim

That story is a sobering read. Cases like that are also the reason comments about “there are no brandishing laws� don’t impress me and I would like to see open carry laws in Texas.

The author of the story does make the point this is an extreme case, but as he states, it could happen to anyone:

“It is important to note that in over 90 to 95% of contacts with law enforcement that officers on the street are polite, courteous and treat concealed carry permit holders no differently than any other citizen with whom they have a contact. In fact, this makes sense because in order to have a concealed carry permit one has to be "squeaky clean." The above case is an example of the exception bearing out the rule, nevertheless, this exception can happen to anybody.�

There are jurisdictions out there that will abuse their authority and your rights…it’s best to keep it concealed at all times, even in your car.

Since this was a 1999 incident, I hope things are better now, but I’m not willing to bet on it…