A non CHL holder carry question

[Extremebowman]

A friend asked me this and I didn't have a good answer.

Per current Castle Doctrine, anyone may carry in their conveyance without CHL and not required to declare in the event of a traffic stop. There are multiple variables we all know, but I did not have a good answer for this specific situation-

John Doe gets pulled over for a routine stop, he is not a CHL holder. He has his sidearm in a IWB holster. Officer approaches, they converse, officer returns to cruiser and runs him. At this point he is still legal. Officer returns and asks him to step out of the vehicle. Once he steps out, he is no longer legal.

Of course my first response was "Get your CHL!". My second response, applicable to the question, was to place his hands on the wheel or window sill and tell the officer you have a legally owned and possessed weapon and it is in a slide holster on my right hip(or wherever) and then ASK HIM what HE wants you to do.

Don't know if that's the best advice tho. What say y'all.

[TxHunter06]

Re: A non CHL holder carry question

In for answer

[WCB]

First, I probably wouldn't have it in an IWB while driving. To hard to draw. But yes I believe he should inform the officer that he does have a weapon and where. And then "what do you want me to do"?

And I'm not a LEO but that the way I interpret the law... And that's not worth a cent either...

[Hammerdown15]

I agree with your first response. I am interested to see how the GS rules on this issue. I do not believe he is legal in carrying it on his physical person even though he is "in" his vehicle. For a CHL holder, I would have informed the officer at the very beginning that I am a CHL holder and I do have my handgun on my person in a holster on my right hip. I believe that is a courtesy that we can extend to the boys in blue. They have enough real bad guys to deal with, they should not have to worry about me too. Rambling over.

[WCB]

And also, someone please clarify legally carrying a gun in a car.

Is it the Motor vehicle law or Castle Doctrine??

[Bish]

Yes you better tell them.

God Bless
Bish.

[WCB]

I believe that is a courtesy that we can extend to the boys in blue. They have enough real bad guys to deal with, they should not have to worry about me too. Rambling over.

My last CHL class they said it was still a requirement to tell the officer if you have a gun and are a CHL holder but withdrew the penalty if you didn't tell them. ???

[systemnt]

Re: A non CHL holder carry question

And also, someone please clarify legally carrying a gun in a car.

Is it the Motor vehicle law or Castle Doctrine??

Cars covered under CD

[WCB]

Cars covered under CD

can you quote the law/provision?

[hammackc]

Vehicle is covered per CD, although without CHL. if emergency happened and occupant exited vehicle that occupant would be in violation, stick it's on console!

[Bweger]

It is my understanding the castle doctrine extends to your automobile in the event you have to use deadly force to protect yourself while in said vehicle. However the right to carry concealed in your motor vehicle without a CHL falls under the motor vehicle law I believe.

[txtimetravler]

A non CHL holder carry question

Guns are not weapons!

Guns are firearms.

To me a weapon is an item that I intend to do harm with. I do not intend to do harm with my firearms.

[tvc184]

can you quote the law/provision?

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.

(a-1) 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 or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

[tvc184]

There is no such thing as a castle doctrine or certainly not listed in the law that way. It is a general term that means different things to different people and every state has its own laws. It originally meant something like the old saying, "a man's home is his castle". No matter how humble, it is yours just as much as a king's is that lives in his castle. In that castle, you do not have to retreat while trying to defend it but in many states you are required to retreat everywhere but in your home and in a couple of states, even in your home. Some people have extended that meaning to vehicles but it still varies by state.

Unless you live in your vehicle, I can't see that as a castle but a person can call something anything that he wishes. I think it should to be called the self defense doctrine but maybe that doesn't sound catchy enough.

In Texas it is simply covered under Unlawful Carrying Weapons. If you carry a handgun, illegal knife or club and are not in your vehicle or your residence, it is generally illegal. If you are in your home or your vehicle, it is generally legal.
If you carry a handgun in a vehicle however, it must be concealed.

[CaptainDave]

My last CHL class they said it was still a requirement to tell the officer if you have a gun and are a CHL holder but withdrew the penalty if you didn't tell them. ???

Pretty sure this is true. And if you don't have a firearm in the vehicle, you simply aren't required to show your CHL although a quick run of your DL will show you have one.

My CHL instructor said always error on the side of caution and provide your CHL with your DL on a traffic stop even if you are not carrying. It made sense to me.