LEO Question about Pistol in Vehicle

[Hunter Dan]

I think all of these questions are pointless because I have one of the magnets and it will not hold the weight of even a small 9mm.

[Mike D]

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?

As already stated by LEO Texas doesn’t recognize the difference between loaded and unloaded except making a “readily dischargeable firearm” accessible to a child.


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[Hunter Dan]

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?

It's another hunter Dan...Hello.

[Hunterdan]

I may just mount the magnet under the lid of my console so it's concealed.

[Russ-T]

I would think you could beat the charge in court if you are charged with the gun being visible in a vehicle. It would cost you some money to do so though. 46.15 (b)(2) says that 46.02 does not apply if you are traveling. Case law in Texas has established that pretty much anytime you are in your vehicle you are traveling. The penal code does not say in section 46.15 (b)(2) that it must be concealed if carrying for traveling purposes. The concealed, shoulder or belt holster applies if you are carrying it under 46.15(b)(6)(A&B). If you can carry in the vehicle without a LTC with the gun visible than I doubt a court would hold an LTC person to higher restrictions. However, only way to find out is for someone to get charged and fight it in court with this argument.

[tvc184]

I would think you could beat the charge in court if you are charged with the gun being visible in a vehicle. It would cost you some money to do so though. 46.15 (b)(2) says that 46.02 does not apply if you are traveling. Case law in Texas has established that pretty much anytime you are in your vehicle you are traveling. The penal code does not say in section 46.15 (b)(2) that it must be concealed if carrying for traveling purposes. The concealed, shoulder or belt holster applies if you are carrying it under 46.15(b)(6)(A&B). If you can carry in the vehicle without a LTC with the gun visible than I doubt a court would hold an LTC person to higher restrictions. However, only way to find out is for someone to get charged and fight it in court with this argument.

Where has this been established by case law?

Texas for a brief period a few years ago kind of defined traveling as a “presumption” in the law that if in a vehicle that was driven on a road, it was traveling. They then removed that presumption when they simply made it legal to carry a concealed handgun in a vehicle.

The only case law that I found was from the Court of Criminal Appeals (TX Supreme Court for criminal law), in Moosani v. State in 1995 they ruled that it was not traveling just to be in a car.

If you know of case law to the contrary, I would love to see it.

[Black Ice]

LEO Question about Pistol in Vehicle

I’ve been very fortunate because I’ve been pulled over in Texas at Least 10 times with Louisiana plates and had guns scattered all over the cab and never had any problems.

4 dudes in a truck with a minimum of 16 guns we are bound to be breaking some sort of laws.


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[SmTx]

I’ve been very fortunate because I’ve been pulled over in Texas at Least 10 times with Louisiana plates and had guns scattered all over the cab and never had any problems.

4 dudes in a truck with a minimum of 16 guns we are bound to be breaking some sort of laws.


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Yup, when you cross the Texas border with 4 dudes the minimum is 20 guns. Ante up next time

[Artos]

I think all of these questions are pointless because I have one of the magnets and it will not hold the weight of even a small 9mm.

got the wrong one...some of them are surprising powerful for their size. Gun broker sent me one running a special & not sure where I put it & thought it was just a gimmick due to the size. Don'r recall who's name it was.

[Russ-T]

Where has this been established by case law?

Texas for a brief period a few years ago kind of defined traveling as a “presumption” in the law that if in a vehicle that was driven on a road, it was traveling. They then removed that presumption when they simply made it legal to carry a concealed handgun in a vehicle.

The only case law that I found was from the Court of Criminal Appeals (TX Supreme Court for criminal law), in Moosani v. State in 1995 they ruled that it was not traveling just to be in a car.

If you know of case law to the contrary, I would love to see it.

If I remember correctly the "presumption" was established by the Court of Criminal Appeals and occurred after Moosani V State negating the previous decision of the Court of Criminal Appeals. I believe it was during the early 2000's.

[softpoint]

I think all of these questions are pointless because I have one of the magnets and it will not hold the weight of even a small 9mm.

You must have the wrong magnet. I bought three in a package, can't remember where I got them, though, and one of them secures a Ruger Redhawk in my UTV...

[Hunter Dan]

You must have the wrong magnet. I bought three in a package, can't remember where I got them, though, and one of them secures a Ruger Redhawk in my UTV...

I got mine from an ad on FB I think, I would try another brand but now I'm just mad at all the magnets.

[Dirtymike]

What you posted above (#58) is an opinion. The Court of Criminal Appeals will eventually decide it or the legislature will change it.

A question to ponder....

If the legislature’s intent was to just be in a holster but not actually worn, why would it specify a shoulder or belt holster? If it is visible on your seat in a belt holster it is okay but if it is in an ankle holster it is a crime?

What is the intent in the first place? That is what has me scratching my head.

[Hunteraudit]

If you want to see the text.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.

Is your vehicle a “public place”?

[Big pig]

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.

Wow. I can’t carry my pistol to the lease unless I’m in my own truck and have a LTC.

These pistol laws are clear as mud. I have a license so I guess I better reread this.