LEO Question about Pistol in Vehicle

[dharris]

Just amazing how many rights law abiding citizens have lost! So a vehicle I paid for on a road I paid for with a pistol I paid is illegal unless in a holster that I have to pay for too!

[M16]

I have holsters mounted to the floorboard in my vehicles. I cover the pistol with a plain brown paper bag. You can’t see the pistol unless you remove the bag. Problem solved.

[SN10]

Unless restricted by law from carrying a handgun, anyone can carry a handgun in their vehicle, regardless of whether they have an LTC, as long as it’s concealed. It can’t be out in the open. Castle doctrine applies to your vehicle as long as you own the vehicle. Now if you’re carrying out in the open while in your vehicle, it must be in a shoulder or belt holster, same as while open carrying in public. Also, anyone regardless of possessing an LTC can transport their concealed handgun from their home to their vehicle, and vice versa. But don’t take my word for it. Texas Penal Code 46.02

[Acameron52]

I’m glad I saw this. I was pulled over by a Trooper on the way to the lease on Friday. As soon as he walked up I let him know that my buddies pistol was in the glove box as we were headed to the lease. He immediately asked if he had his LTC. What difference does that make? Aren’t you allowed to have it no matter what?

[TacticalCowboy]

I’m glad I saw this. I was pulled over by a Trooper on the way to the lease on Friday. As soon as he walked up I let him know that my buddies pistol was in the glove box as we were headed to the lease. He immediately asked if he had his LTC. What difference does that make? Aren’t you allowed to have it no matter what?

Probably just a precaution on his part... I would assume LTC holders would probably be less likely to pull a gun on an officer.

[SN10]

I’m glad I saw this. I was pulled over by a Trooper on the way to the lease on Friday. As soon as he walked up I let him know that my buddies pistol was in the glove box as we were headed to the lease. He immediately asked if he had his LTC. What difference does that make? Aren’t you allowed to have it no matter what?

You can’t carry a handgun without an LTC in someone else’s vehicle. You can carry in a vehicle that is your vehicle without an LTC for protection of your property. But since it was your buddy’s gun in your truck, he can only carry his handgun if he’s licensed to carry in Texas. He can’t carry a gun for protection of another persons vehicle unless he possesses an LTC.

[TacticalCowboy]

You can’t carry a handgun without an LTC in someone else’s vehicle. You can carry in a vehicle that is your vehicle without an LTC for protection of your property. But since it was your buddy’s gun in your truck, he can only carry his handgun if he’s licensed to carry in Texas. He can’t carry a gun for protection of another persons vehicle unless he possesses an LTC.

So if me and three friends load up to go to the lease/match/range together, they’re only legal if they have LTCs?

Seems pretty fishy to me...

[SN10]

So if me and three friends load up to go to the lease/match/range together, they’re only legal if they have LTCs?

Seems pretty fishy to me...

If they are loaded handguns in their possession, that’s correct. They can unload them and put them in lock boxes. Like I said, don’t take my word for it. But this is how the law reads

[Mike D]

I stand corrected. I just spoke to a LEO friend of mine. My scenario above is illegal. In a vehicle, it must be in a shoulder holster or on the hip or concealed.

And that’s why you don’t rely on websites that twist and interpret laws instead of going to the actual penal code.


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[Mike D]

So if me and three friends load up to go to the lease/match/range together, they’re only legal if they have LTCs?



Seems pretty fishy to me...

Believe it or not this is correct. Only the person whom the vehicle is under their control can carry a concealed handgun without LTC.


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[TacticalCowboy]

If they are loaded handguns in their possession, that’s correct. They can unload them and put them in lock boxes. Like I said, don’t take my word for it. But this is how the law reads

So what I’m reading is leave them unloaded in the trunk, under back seat, or other hard to reach location, and don’t vocalize they are there unless prompted to.

That being said, I usually have to run over a list in my head of what I have in the truck, and if it’s loaded or not.

[tvc184]

So is it up to the discretion of the local jurisdiction? I'm confused!

Discretion means optional or the ability to choose. In that context it is always up to the agency or officer to choose what to enforce.

What doesn’t change is the state law. The law is not different in different areas of the state. The question sometimes rises on how to interpret the law. That is where appeals courts come in and say what phrases mean or how laws should be enforced. For example this thread has discussed what is open carried. It has been said that a gun carried is a door pocket was concealed.... until a door is opened. So it that concealed or not?

When there is no clear definition or explanation, that is where the appeals courts come in and clarify (hopefully) the situation. I would guess that if a handgun was visible when a person opened his car door at a store, it is no longer concealed and therefore a crime. I could almost certainly justify an arrest. That arrest would be discretional. An officer doesn’t have to make an arrest but can do so lawfully.

However...

An appeals court could come in and rule that briefly exposing a handgun while exiting a vehicle doesn’t fit the law on not concealed. If that happens, the issue is settled by the court. An officer would no longer have that discretion to make a lawful arrest because an appeals court has said such an arrest is unlawful.

The legislature left a lot of questions in the LTC law when it was passed. I honestly thought that changes or clarifications would be made in this past session but that didn’t happen. I have yet to see any appeals court rulings on the law either.

Until then.....

A lot is left up to officer or department policy.

Clear as mud?

[tvc184]

If they are loaded handguns in their possession, that’s correct. They can unload them and put them in lock boxes. Like I said, don’t take my word for it. But this is how the law reads

There is nothing in the Texas Penal Code that mentions loaded or unloaded except allowing a child access to a loaded firearm.

[tvc184]

So if me and three friends load up to go to the lease/match/range together, they’re only legal if they have LTCs?

Seems pretty fishy to me...

Yep, that is fishy....

They do not need an LTC per your question.

In the PC it says the UCW law does not apply to persons going to lawful sports where that type of weapon is normally used. Going to shoot at a lawful location negates UCW. See #3 below...

SECTION 46.15 NONAPPLICABILITY

(b) Section 46.02 (UCW) does not apply to a person who: (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution;

(2) is traveling;

(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;

EDIT: I would even go as far to say that if going to shoot at a range for example, the handguns don’t even have to be concealed. The requirement for them to be concealed is under UCW and 46.15 clearly says that 46.02 UCW does not apply.

I am not suggesting that someone test an officer’s knowledge on that and maybe there is some court ruling that I haven’t seen but...

It looks to me like you can open carry handguns in a vehicle if you are heading to hunt, to the range, etc.

[Hunterdan]

So have any LEO on here pulled someone over with one of these magnetic gun mounts and there was a loaded pistol in the mount? What was the outcome?