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    #31
    To the OP, if you'd rather put it in your trunk you are more than welcome and legal to do so. But you don't HAVE to.

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      #32
      Originally posted by Jmsck12 View Post
      I don't want this to start any arguments about who's right or wrong.


      Sent from my iPhone using Tapatalk


      Hahaha, you could post a mac n cheese recipe on here and we will find a way to argue about it son

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        #33
        Originally posted by J Sweet View Post
        Hahaha, you could post a mac n cheese recipe on here and we will find a way to argue about it son


        I only eat mac and cheese if they are shells, let's see what that starts[emoji51]


        Sent from my iPhone using Tapatalk

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          #34
          Originally posted by JustinJ View Post
          LOL I've posted the exact law where it says he can have it on his person in his vehicle or en route to his vehicle. You can tell me what the DPS regulatory dept says all you want but they don't make the laws. The law quite clearly states;



          Again the LAW states it must be concealed. Not locked up, not unloaded, not out of one's reach, not in the trunk just concealed. Hidden from view. It can be on his person as he is in his vehicle.

          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.

          Last thing, call the AGs office. I didn't hear this from them I know this, this is part of what I do for a living. I'm guessing you don't deal with this. He can't have it on his body, it must be hidden from view, and read TVCs post do whatever you need to do to be happy, I'm not going to go waste my time digging to make you happy, I know he can't have it unless it is hidden from view and as far as unloaded that was my advice to make his traffic stop easier. Again, he is using it at the ranch why does he need it loaded on his body? Excersising his second amendment? If that's what your upset about go make a YouTube video and look it up. I'm done talking about it

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            #35
            Originally posted by Jmsck12 View Post
            I only eat mac and cheese if they are shells, let's see what that starts[emoji51]


            Sent from my iPhone using Tapatalk
            I love me some Kraft but Velveeta shells and cheese are way better....

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              #36
              Originally posted by JustinJ View Post
              I love me some Kraft but Velveeta shells and cheese are way better....


              Velveeta all the way[emoji41]


              Sent from my iPhone using Tapatalk

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                #37
                Originally posted by Quanah11 View Post
                Last thing, call the AGs office. I didn't hear this from them I know this, this is part of what I do for a living. I'm guessing you don't deal with this. He can't have it on his body, it must be hidden from view, and read TVCs post do whatever you need to do to be happy, I'm not going to go waste my time digging to make you happy, I know he can't have it unless it is hidden from view and as far as unloaded that was my advice to make his traffic stop easier. Again, he is using it at the ranch why does he need it loaded on his body? Excersising his second amendment? If that's what your upset about go make a YouTube video and look it up. I'm done talking about it
                If it's illegal just cite the law making it illegal. It can't just be illegal because someone says it. Show me the statute that says it is illegal for him to have it on his person. It MUST have a legal statute to make it illegal.

                I don't care where he carries it, but claiming something is illegal when it is in fact completely legal bugs me.

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                  #38
                  Originally posted by J Sweet View Post
                  Hahaha, you could post a mac n cheese recipe on here and we will find a way to argue about it son
                  While I have nothing of any substance to contribute to this thread, argument or whatever you want to call it. I do have to say..... you win, hands down - you win the internet.

                  Comment


                    #39
                    Originally posted by mastercraftka View Post
                    You are good see (2) below so you are good at 18 under 18 no good. Quanah has good advice keep it out of reach in the tool box un loaded while driving to avoid a possible issue. Some cops don't even know the law, you better tell them you have it if a search of your truck is gonna happen if not you will be in jail for sure.

                    Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
                    (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
                    (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;
                    This law actually has nothing to do with the OP's question.

                    This law makes it illegal to provide the illegal weapons, not to possess one.

                    A person selling/loaning/giving/etc. a handgun (or even a hunting knife with over a 5.5" blade for that matter) has committed a crime, not the person receiving it.

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                      #40
                      If I was of age, there would be a legal loaded handgun within reach...no good unloaded or in the back of the Jeep.

                      Bad crap can happen at anytime, not just from the Jeep to the stand...bad country down here.

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                        #41
                        This is an almost insanely long read but anyway.....

                        A guy asked me a few days ago on another website in a private message about having a handgun in a vehicle, if it mattered if it was loaded and if it was legal under the "Castle Doctrine" because your car is an extension of your home (not again....). A friend had told him that he had to be traveling and not magazine in the handguns, etc.

                        This was my long winded answer for your amusement or if you feel like tearing it apart. I am reprinting it with the permission of the author... me.

                        ********

                        The "extension of home" is not actually wrong but is mostly unfounded in law. It is that "castle doctrine" concept that people like to say but has little basis other than the "concept". What that means is technically you can call it anything you wish however there are no words in TX law that back it up. A man's home is his castle is the meaning of castle doctrine. That is actually (or likely) from a speech in front of the British Parliament in the mid 1700's by William Pitt. He said something like no matter how ragged, no matter how much the wind blows through it, now matter how much the roof leaks... none of the King's men have the right to cross your threshold. That led to (in my opinion) the saying that no matter how humble, a man's home is "his" castle just as if he was the king. There is no "extension" to your car in the law but people simply love to spit that out.

                        So much for the history lesson.....

                        Now to factual TX law... and maybe a little more history. For around 100 years, TX law has said that you cannot have a handgun in public. There were exemptions (defenses) written into the law such as it was okay if you were "traveling". The only problem is that traveling was never defined in the law (and still is not today) which is strange because there are dozens of definitions in the Penal Code. A few years after TX got concealed carry by license signed by Governor George Bush, the legislature wanted to extend it to vehicle even without a CHL. They came up with the legal term that you were "presumed" (which is defined) to be traveling if you were simply in your car. If you drove one block, you were "traveling". That is lawyers for you instead of simply defining traveling, they put a presumption of traveling.

                        In that law (I believe around 2001) it said to be legal to carry in your vehicle (under presumption of traveling), you had to be committing no crime other than a misdemeanor traffic citation like speeding, the gun was concealed, you had the right to have a gun (not a convicted felon) and you were not in a criminal street gang (blood, crips, Latin Kings, etc.). That seemed good enough and now people could carry in their vehicle as long as it was concealed and they were not committing another crime such as in possession of marijuana, DWI, etc. But.... the Harris County DA and others didn't like the law... so they in my opinion they tried to break the law by simply telling cops not to go by it and still arrest people. How could he get away with that? By saying that while he had to comply with state law on prosecutions/trials, he said that he needed to determine if you were a Blood or a Crip. That means, arrest everyone, inconvenience the heck out of them, tow their vehicle and if the next day he determined that the person was not a Blood or Crip, he would simply let them go as not being gang members and drop the charges. Meanwhile, you went to the county jail, your car was towed at a great expense, you were horribly inconvenienced and now you have an arrest record... but he didn't prosecute. None or maybe very few cops backed him up on it but the state legislators were probably appalled at the obvious attempt to get around state law.

                        So..... they acted fairly quickly in a future legislative session.

                        They changed the law which is what they should have written in the first place. The law now says (and this finally answers your question) matter-of-factly, you can have your handgun lawfully in two places. Those two places are in your vehicle and in your home. NOW..... the prohibitions of it in your car still carry the has to be concealed, still can't be a gang member and still can't be committing a crime other than a minor traffic citation. The biggest change was that now it was simply legal in your car without having to prove "traveling". For a lawful arrest, in my opinion the police need to show that you are a gang member or committing another crime or it wasn't concealed. The "traveling" part was simply removed from that part of the law (but not another) and the law says your home or your car are legal under UCW 46.02.

                        I believe that is where some people came up with the "This is an extension of your home" concept. In fact it is not an extension. It is was an extension, how come it has to be concealed? It doesn't in your home. Even in your home if you possessed marijuana, you aren't Unlawfully Carrying a Weapon as you would be if you were in your car. Even a member of a criminal street gang can have a gun in his home but now his car. Where then is the "extension"? If a vehicle is an extension of your home, why a different set of rules for the vehicle?

                        Think I have a pet peeve with the terms "castle doctrine" and "extension of your home"??

                        So for the legal and short answer I believe you are looking for........

                        In your car is legal (for the owner or operator.. NOT a passenger unless with a license to carry) with absolutely no other permit required for the average person meaning if you're not a gang member, you aren't a convicted felon, you aren't committing another crime. The average person can can carry a concealed the handgun in a vehicle. That's it.

                        Of course if your buddy is in your car with a handgun under the seat and a cop stops you and somehow lawfully looks under the seat to find it (like with your consent or you tell him its there is he questions you), you can simply claim the gun is yours.

                        Also note... a knife over 5.5" is illegal to carry in the public under UCW 46.02. Also a dagger which generally is a double edged knife or one that is pointed and designed for the purpose of stabbing people, etc., and also illegal is a "club". Those are not illegal to own (unlike Prohibited Weapons PC 46.05) but they are illegal to carry in the public. The illegal knife and the club are also legal in a car just as your home (the law lists handgun, illegal knife and club all as illegally "carried" weapons... they are all equal under the UCW law). That means legal to own but not have in public unless they are used in a common pursuit such as a butcher knife at a cookout, a fillet knife while fishing, a Bowie knife while hunting, etc. The reason I bring them up is that in a car, they are legal but do not have to be concealed and they do not become illegal if committing another crime as is the law for a handgun. Only the handgun has to be concealed so they are all in the same category but the handgun has those special exceptions of requiring it to be hidden and no other crime being committed.

                        Oh yeah, I almost forgot this part. TX basically has no laws on how the handgun is carried. Magazine in a pistol, one in the chamber, revolver loaded? It doesn't matter. In fact an openly carried and completely empty handgun is illegal in your car but a concealed and fulled loaded, ready to rock and roll Glock with 17 rounds is legal. The loaded and unloaded part (often misstated by "knowledgeable" at the gun counter) is not true. The only TX law on whether a gun is loaded is making a "readily dischargeable" firearms accessible to a child which is someone 16 or under. That law is that you can't leave a loaded firearm (rifle, shotgun or handgun) within access of a child that you are not supervising. Nothing else mentions loaded or unloaded in the Penal Code.

                        So... to make it short again, a concealed handgun in a vehicle is legal for the owner or person that is operating it (such as you loan it to your nephew) if you aren't committing crimes other than speeding, running a red light, etc.

                        Whew.........

                        PS: A rifle or shotgun are legal whether concealed or not. There is nothing that says they are legal, the law on Unlawful Carrying Weapons simply doesn't mention them. A lot of people often ask to show them where something is legal and typically the answer is, laws tell you what is illegal, not what is legal. I can't find any law that says it is legal to wear blue jeans and green sneakers but it is legal (but maybe shouldn't be.....).

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                          #42
                          Also, when you have your handgun properly concealed in the vehicle and get stooped by LEO, you are under no obligation to tell them you have a gun in the vehicle--just complicates an otherwise lawful situation.

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                            #43
                            Originally posted by TxNurse View Post
                            Also, when you have your handgun properly concealed in the vehicle and get stooped by LEO, you are under no obligation to tell them you have a gun in the vehicle--just complicates an otherwise lawful situation.
                            But if you reach anywhere near it, you might want to let the cat out of the bag.

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                              #44
                              Originally posted by tvc184 View Post
                              But if you reach anywhere near it, you might want to let the cat out of the bag.
                              Just in case it jumps out of its hiding place into your hand. Insurance card is always in the visor, wallet in my back pocket. Nothing else is stored with the handgun other than an extra magazine. (Don't want to grab a flashlight or box of tissues if I ever have to get to it in an emergency.)

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                                #45
                                Dang I carried a full auto and 500 rounds when I was 18 openly.

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