Home > The Main Room > The Okie Corral > Open Carry/Cars in TX PT II

Open Carry/Cars in TX PT II

  1. I go to my local range and have handguns I'm going to shoot on the passenger seat. I was under the impression that since open carry was legalized in TX, if you have a TX CHL which I do, you can have the guns in plain sight.

    Wow, was I wrong and if caught with something in plain sight, I could be cited. This came from a Sgt in the local Cty Sheriff's dept. He fully understood/agreed that this was a bit contradictory.

    He said that I could have a handgun, open carry on my hip, anything else has to be out of sight. Won't work for me, it'd be biting my hip and a partial rotator cuff tear would make a draw unpleasant and slow.

    So, he said any other guns need to be out of sight and under a jacket or a towel suffices. Very glad I talked to him. I haven't been stopped by any LE on the way to the range (or for that matter any LE) in the 6+ yrs I've had the CHL.

    So, since I think not having a loaded CCW capable gun in your car enroute to the range is simply dumb, I'll stash the one loaded gun in the console compartment. Being educated here was very welcome. Don
  2. Not familiar with the CHL laws in Texas, but when in Rome...
  3. So you're saying that when you go to the range, you leave your carry gun at home and substitute a loaded range gun on the drive? Where is your carry gun when you're driving to places other than the range?
  4. I carry my concealed gun as normal, other guns are in a range bag in rear footwell.
  5. Wonder if it’s the same here in MN. I routinely yank out my pocket carry 38 and leave it in the open on the passenger seat when I am driving.
  6. No, I always carry a loaded CCW gun at the ready, regardless of what else I might be taking to the range. Often a second, loaded gun.

    But now, unless I want to use a beach towel, rifles will have to go into the trunk in a case. Don
  7. I take my carry gun to the range same as I would anywhere else. The guns I'm going to shoot at the range are bagged for ease of transport, but I wouldn't want them just loose in the car. You never know...

    Every once in a while I take a pistol out to the pit for 15 minutes to print sights, chony ammo, etc. Pretty much just the gun and a mag, ear plugs in my pocket. Even then, I put the gun in a pistol sleeve. What if the car dies or I end up first on scene at a wreck? I just don't want the gun banging around completely loose.

    One time I actually did have to flatbed my car back to town from a range trip. That would have been weird without having all my gear in a bag.

    Part of the reason I keep my carry gun on in the car is in case I need to bail out in an emergency, maybe not my emergency. There might be cops around who don't know me. I don't want to be screwing around with a hot/open gun in that situation.

    As a primarily-competition shooter, I'm in the habit of transporting non-carry guns unloaded. Carry gun is always loaded/holstered. Other guns are always unloaded/bagged.
  8. Are you saying you got stopped and the officer saw that you had a handgun just sitting in the passenger seat out in the open? It was not contained in a closed range back, backpack, briefcase, or duffle bag?

    I have a range bag that I keep pistols in, but it says "Glock- GSSF" on it. Does that mean I need to cover up my range bag with a towel or something?
  9. Are the statutes in Texas put into writing, or is it whatever the cop says?

    I'm not very familiar with Texas laws, but even a quick Google search reveals that a shoulder holster would also suffice for open carry in a vehicle. 46.15 (b)(6)

    And, as usual, concealed carry would have prevented this.
  10. If you're talking to me? It's not at all clear. I was very clear in my comment that I've never been stopped in the 7 yrs I've been in TX, gun or no gun.

    No, if your gun is in a duffle bag, doesn't matter if it says Glock, S&W, Ruger, CZ, FN and on and on, if it's not visible it's OK.

    So, as I said, my recourse is a loaded CCW gun under the flip top cover to the console compartment, any other handguns on the floorboard covered with a towel etc.

    Too, in TX if you have a CHL, you're supposed to inform the officer, makes them less suspicious as it means that you've had a background check, even if it isn't recent. Don
  11. Good God, prevented this? What "this", nothing happened, I got the real skinny from a Sgt Sheriff's Deputy. My CCW/CHL will be in the console from now on.

    Yes, if you have a CHL permit, a shoulder holster is your open carry right in your car, no other way if it's visible. Don
  12. Good God, "prevented this"???? NOTHING happened, prevent what? I clearly said I've never been stopped.

    I got the straight skinny from a friendly Sgt Sheriff's Deputy.

    I'm sure the material is in the statutes somewhere, this also gives me the perspective of an on the street cop, not some lawyerese.

    My position will be to put a loaded CCW into the console compartment where it isn't visible or if it's too large, on the passenger seat covered by a towel. End of the issue. Don
  13. I thought you just put your guns on the rear window mounted rack?!

  14. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
    (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club; and
    (2) is not:
    (A) on the person's own premises or premises under the person's control; or
    (B) 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, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster;
  15. People just try to make things complicated. I drove across the entire state of Florida last night with two pistols in my front seat. I did throw a towel over them when I went thru the McDonalds drive thru at 12am. No sense in scaring the high school kids.

  16. Isn't that always required for lawful open carry, whether or not in a vehicle?
  17. To be honest I was more concerned about the open bottle of vodka laying on the floorboard in front of the front seat!

  18. Some states like NM consider the car an extension of the home and you can carry a gun openly on you seat and don't need a CCW permit. That's the way it should be. Don
  19. My wife and I were traveling last labor through Texas last Labor Day, from Lufkin to New Braunfels, and had car trouble. We flagged down a couple of young sheriff deputties for help to get the car restarted, bad battery. One of them says he'll jump in the passenger seat an try to get it going and I stopped him and said "officer we have two guns in the car one in each map pocket of the doors".He says no big deal everyone is Texas has a gun but thanked me for informing him. Helped us get it jumped off and then told us where the closest auto store was to get a new battery.Really , LEO's in Texas don't care if you act like you have sense.
  20. I think you need to actually read the statutes for your self. Just because a cop pulled something out of his ass doesn't mean it's actually in tbe Texas Revised Code
  21. Hey, at least we finally got rid of the stupid knife restrictions in Texas that were originally enacted with the intention of locking up folks from further South or someone a LEO just disliked (ask any ER nurse or doctor - some groups cut while others shoot each other on Saturday nights).
  22. Texas open carry laws and the Motorist Protection Act are very specific when it comes to where and how guns are carried in cars etc.

    Under the Motorist Protection Act, a person who is not excluded from owning or possessing a gun can keep a fully locked and loaded firearm in the vehicle at all times, even if they do not have a License to Carry (formerly concealed handgun license). This law was enacted and referred to "Castle Doctrine" as a 'a man's home is his castle, and that castle (or home) extends to that person's vehicle.' It should be noted that even if you're driving a car that you don't own, and this is referred to as "in your control", the MPA still covers you. You cannot be a passenger, and carry a gun without a license to carry (but I am researching this). The requirement for keeping that firearm in the car is that it simply needs to be out of plain sight, but can be within easy reach of the driver. i.e. center console or even on the seat as long as it's covered and can't be seen.

    The concealed and open carry laws, 30.06 and 30.07 respectively, say that a person with a valid License to Carry, can carry their firearms openly or concealed wherever they have a right to be, and as long as it's not a place where carry is not allowed (schools, polling places, establishments that make 51% or more of their revenue via alcohol sales, courthouses, or any place that is posted with either a 30.06 or 30.07 sign or both). Concealed carry does not have a restriction on where on your body you can carry your weapon, as long as it's concealed.

    Open carry, however, identifies only TWO places on your body that you are allowed to carry:
    1. in a holster, on your hip attached to your belt.
    2. In a shoulder holster, that you are wearing.

    Where the two meet: if you have a License to Carry, and you're in your car where the MPA also applies... the open carry rule STILL applies to shoulder rig or hip holster. End of story. If your intention is to be under the MPA, it MUST be concealed. PERIOD. Open carry is not covered by the Motorist Protection Act at all. So even though you're allowed to have a loaded gun in the car and easy to access, it cannot be seen if you don't have an LTC or in any other location than hip or shoulder rig.
  23. As you may know, the CHL(outdated law) and the new LTC(current law) in Texas haven't been around for a long time, and the laws relating to them have been changing. Before CHL and LTC, which wasn't really that long ago to me, I could and did arrest for UCW(unlawful carrying weapons) whether or not the handguns were concealed, holstered or in plain view. After CHL/LTC, the law appears to want people to either have their handguns concealed or secured in holsters. But to answer your question, I only know about Texas, and it appears so.

    I remember when the change in the law happened where it was added to the defenses to prosecution a person was able claim was that the person was a peace officer. There was instant hell about that because I could actually arrest my partner sitting next to me for carrying his duty weapon ON DUTY or not, and he can only claim he was carrying it as a peace officer as his defense. Crazy law, but it was changed.
  24. thank God the democrats were voted out of the Governor's mansion and common sense took over, right?
  25. It took tragedies and common sense. Lawmakers getting robbed and mass shootings like at Luby's to really get ball rolling other than just regular public outcry.
  26. Agreed. Look how fast the carjackings plummeted after the MPA was enacted.
  27. When I'm driving its wedged between the seats for easy access.
    Plenty time to slide it under the console if I get stopped (twice now)
  28. The last time a cop gave me "legal advice" on open carry he was dead wrong.

    I read the law as it was signed by Gov Perry and the cop, a rookie, directly contradicted the law.

    So don't get all excited on what a cop says, read the law, it's easy.
  29. A cop can be dead wrong... he can still issue a ticket or arrest you based on his wrong interpretation of any law. Then it's up to you to mount the defense against that prosection. If you're right, it will be dismissed. If you MAY be right, then it may be up to a judge and jury to decide. Yes, READ THE LAW AND BE FAMILIAR WITH ALL OF IT if you want to carry. But don't dismiss LEO because they're wrong. You can beat the rap... but you can't beat the ride.
  30. Who said I dismissed the cop? I listened to what he said and stored it away as a lesson learned, cops don't always know the law.
  31. Texas is surprising in that only recently have idiot weapon-laws been written out of the books. Not long ago, you could only carry a weapon in your vehicle passenger area if you were traveling from one county to another! This was easily rectified by living in the corner of four separate counties, or - always deciding that you needed to do something far away. (This is why you politely tell LEO's that you have nothing to say no matter why they pull you over - let your lawyer handle that.) The 99% of the great, hard-working police we have understand this; don't let the 1% bully you into talking. But, now all the Californians and immigrants planted by Obama are turning Texas purple and soon to be blue again. If it goes, I am afraid the Country will be lost.
  32. Yeah, that close to Houston you need to roll ready.