It is nice to see a young man who can ask questions intelligently and listen to advice like this. Kudos to you.
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Originally posted by 35remington View PostIt is nice to see a young man who can ask questions intelligently and listen to advice like this. Kudos to you.
Thank you, I just didn't like where I was being called a kid but I let it be. He helped out with my questions[emoji16]
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An unloaded handgun that is in a secured location is just as illegal as one that is fully loaded and ready to go.
Translation: There is only one loaded firearm law in TX (and it isn't strictly handguns) and that is with criminal negligence, allows a child to have access to a "readily dischargeable" firearm......with a child being 16 or under. Even then there are defenses to the law.
Otherwise, loaded or unloaded are the same. If a person is breaking the UCW law, it doesn't matter if the handgun is loaded or if there is ammo in the glove box and the gun on the seat. The gun is what is illegal, not the ammo. Other states have different laws on loaded, being locked away, etc.
An open view (not in a holster under an LTC) handgun is a crime in a vehicle whether loaded or not. A handgun not in plain view is legal whether loaded or not. Again, the location and weapon are the illegal factors, not the ammo.
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Originally posted by Jmsck12 View PostThanks for all the info guys, I should have made it clear it won't be on my body or loaded when it's in my Jeep. Won't take it out of the case until I'm getting ready to walk to my stand from the Jeep.
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Originally posted by mmoses View PostI think you should rethink that. A unloaded gun is useless. You WILL NOT know when you will need it
Trying to make it as legal as possible here, I'll most likely need it when I'm trailing something after I have shot it.
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An open view (not in a holster under an LTC) handgun is a crime in a vehicle whether loaded or not. A handgun not in plain view is legal whether loaded or not. Again, the location and weapon are the illegal factors, not the ammo.[/QUOTE]
Can you quote the law on this part? Not refuting it I would just like to see it in black in white.
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Originally posted by Quanah11 View PostI learned that from the DPS regulatory handgun department. Which is an extent of the AGs office in this department. The gun can be in the vehicle since it is an extent of his property stated in the castle doctrine, however IT MUST BE HIDDEN FROM VIEW AND SECURED if the person does not have a permit to carry the firearm. There are several cases in Texas that involve a person over the age of 18 without a license getting pulled over and having a handgun in their vehicle. They are then arrested and they can give their reasons for having the handgun in their vehicle while not en route to a ranch, range, etc. to the court.
I'm just trying to give sound advice to this kid since I do work in this field and since things change so frequently. I can tell him one thing that I have learned and that is it needs to be unloaded and in a case and he is heading to the ranch he won't have even close to as much trouble as if it is loaded and in a holster near him. Not every officer knows the exact law every given day. So to my next point, if the officer doesn't know exactly how to handle a situation like that they will let the courts decide. Look up cases, call whoever you want, I am just giving a kid advice on a realistic level. You can cite laws all day but what if the person is pulled over and the officer can't get a credible reason why he has a handgun and his reasons aren't what the officer needs to hear to justify it. I'm trying to help the kid out, but y'all go ahead he may never have a problem but there are enough case stuff to prove he may. Plus if he is going to be using a handgun to protect against hogs at his ranch, why can't it be in a case unloaded until he gets there? Furthermore it would be a smoother situation if the officer asks "are there any firearms in the vehicle?" "Yes, a pistol in a case in my backseat and my deer rifle, I'm heading to the ranch" versus "are there any firearms in the vehicle?" "Yes right here a loaded pistol in my holster" "do you have a permit for that?" "No" "okay step out of the vehicle please"
If you work in the court system with this stuff and work for the AGs office or DPS and you say it's okay for a 18 yr old kid to have a loaded gun in plain view and not secured in a case then go ahead. But what I'm telling you and him is what the law states and how it is meant to be enforced.
What exactly would a LEO cite for the reason for arrest?
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Originally posted by Jmsck12 View PostTrying to make it as legal as possible here, I'll most likely need it when I'm trailing something after I have shot it.
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Originally posted by JustinJ View PostI never said he could have it in plain view. It must be concealed. Nowhere in the law does it say it needs to be "secure." He doesn't need to justify WHY he has a gun. He is legally allowed to have a gun on his person while he is in his own vehicle as long as he is otherwise legal to own a firearm. It doesn't matter if he's on his way to a ranch or on his way to a restaurant. Why would an LEO ask someone if they have a permit when they don't need one to have a gun in their vehicle? You don't need a permit to carry a gun in your car any more than you need a permit to carry a gun in your house.
What exactly would a LEO cite for the reason for arrest?
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Originally posted by 35remington View PostRead TVC's post. Having it unloaded makes no difference as to whether it's legal in your situation.
I read it, I'm just going to take all precautions I can in this in case I do ever run into a Leo when I'm out there or on my way to and from.
I've only been in contact with the law once and that was a game warden with who I am pretty good friends with.
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Originally posted by JustinJ View PostI never said he could have it in plain view. It must be concealed. Nowhere in the law does it say it needs to be "secure." He doesn't need to justify WHY he has a gun. He is legally allowed to have a gun on his person while he is in his own vehicle as long as he is otherwise legal to own a firearm. It doesn't matter if he's on his way to a ranch or on his way to a restaurant. Why would an LEO ask someone if they have a permit when they don't need one to have a gun in their vehicle? You don't need a permit to carry a gun in your car any more than you need a permit to carry a gun in your house.
What exactly would a LEO cite for the reason for arrest?
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I think it would help to back up what people are saying about the LAW if they would post the actual law.
Also just because the law reads one way doesn't mean he can't do something that he feels safe about doing that doesn't violate the law. I think he said he just needed the gun for out on the ranch. Conversation is turning into something it is not, but I really do want to know what the law says so if those that are quoting the law can you also cut and paste it here for us to see or send us the link?
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Originally posted by mastercraftka View PostI think it would help to back up what people are saying about the LAW if they would post the actual law.
Also just because the law reads one way doesn't mean he can't do something that he feels safe about doing that doesn't violate the law. I think he said he just needed the gun for out on the ranch. Conversation is turning into something it is not, but I really do want to know what the law says so if those that are quoting the law can you also cut and paste it here for us to see or send us the link?
Your right on the part where I just need it on the ranch, I don't want this to start any arguments about who's right or wrong.
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Originally posted by Quanah11 View PostHow about you call DPS regulatory department in charge of handgun permitting and ask them. I literally just spelled it out for you. Don't waste my time with dumb questions I just explained when you can call yourself and ask yourself. The law is if you don't have a permit (which he doesn't) then it must be concealed from view, in a case or something. And he is not allowed to have a gun on his person ( attached to his body) if he is not in possession of a handgun license and not on his own property. A car doesn't count to have it attached to his body. He can't have it when he gets out of his car at the store, so what is he going to do? Take it off every time he wants to get out of his car?Originally posted by Quanah11 View PostWhy don't you read TVCs post too
Sec. 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 or watercraft that is owned by the person or under the person's control.
Please show me a LAW that says I am incorrect. Not what you heard from a DPS regulator. I've read TVC's response and I think he would agree what I am saying does not conflict with what he is saying.
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