A non CHL holder carry question

[Bweger]

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.

A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine that designates a person's abode (or, in some states, any place legally occupied, such as a car or place of work) as a place in which the person has certain protections and immunities and may in certain circumstances use force, up to and including deadly force, to defend against an intruder without becoming liable to prosecution.
Not sure of exactly what the State of Texas calls it but here it is.

[tvc184]

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.

I am not sure why a person would want to get in a car, tuck the handgun and then have to unholster it every time he gets out of the car but........

If I made that decision and an officer (me) asked me to step out of the vehicle, I would tell him before I moved while holding my hands above the steering wheel where he could see them. Then I would make no move until he directed me to do so.

I have done almost that even though I can carry openly. I was off duty heading through a city when stopped by an officer. I have my pistol on the seat next to my leg and figured that I was about to get a gun screwed into my ear. I opened both hands and placed them above the steering wheel and looked straight ahead. I told him that I didn't really want to identify myself as an officer but I had an exposed handgun in the vehicle. He then told me what he wanted me to do. It is on the officer on how to handle it.

Of course you could simply keep your mouth shut and hope that he doesn't find it.

[mjhaverkamp]

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.

I could be wrong but I do not think you are required to show the officer your CHL when pulled over, I think it is a good idea to do so, I am up for renewal, maybe I better pay more attention to the rules if I am mistaken here.:

[tvc184]

A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine that designates a person's abode (or, in some states, any place legally occupied, such as a car or place of work) as a place in which the person has certain protections and immunities and may in certain circumstances use force, up to and including deadly force, to defend against an intruder without becoming liable to prosecution.
Not sure of exactly what the State of Texas calls it but here it is.

Yeah, I know the general idea. As I said, it depends on the state and who you are talking to as your response points out.

As I said, it is a generally term that depends on the situation. There is no one "Castle Doctrine". In Texas it is covered under UCW.

In some instances people also believe the "Castle Doctrine" to include a Stand Your Ground Law which in Texas is covered under Penal Code 9.31(e) and (f).

[WCB]

OK, thanks. So it's the penal code that allows the carrying of a concealed handgun in a vehicle. For some reason I though I had heard some motor vehicle law/code. Probably heard that on the internet...

[Floor Man]

A non CHL holder carry question

He hasn't broken the law because he is directly in route back to his vehicle. That is my take. I don't know any case law that directly deals with this situation because I doubt that anyone has ever been charges under these circumstances.

[FWHUNTR]

My best advise is "No Surprises" for the Officer ! Let him know up front if you have a firearm...

[Spoken0313]

A non CHL holder carry question

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...

^^^this is my take on it too