LEO Question about Pistol in Vehicle

[Mike D]

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.

No you can’t carry a concealed handgun on or about your person if you are in a vehicle that is not under your control.

Presumably it would need to be cased somewhere other than in the cab of someone else’s vehicle.

Unless the exceptions listed above apply.


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[tvc184]

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.

Correct on the presumption of traveling but like I said, the legislature removed that wording after they simply made concealed carry in a vehicle legal.

The PC said that a person was presumed to be traveling if in a vehicle on a public place or something to that effect. That was removed from the law and we are back to the one word, traveling with no definition or presumption.

[tvc184]

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

I think it is supposed to mean that the handgun has to be attached to the belt or hanging from the shoulder while in a holster.

The other explanations that I have seen are ludicrous.

[tvc184]

Is your vehicle a “public place”?

It is in a public place.

[bermise]

Correct. If I have an LTC, the handgun is in a holster, and it’s on the passenger seat, I’m OK.

No. You are really reaching here.

[RJH1]

No. You are really reaching here.

Depends on how the local police interpret the law, reread my post about Abilene. My info came from the APD chief of police, in an information seminar about this sort of thing

[Mike D]

Depends on how the local police interpret the law, reread my post about Abilene. My info came from the APD chief of police, in an information seminar about this sort of thing

Officer discretion obviously plays a big role in the outcome of stuff like this.


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[RJH1]

Officer discretion obviously plays a big role in the outcome of stuff like this.


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Yep, and that's one of the problems, it's hard to know what to expect.