TX: in shoebox on passenger seat = concealed?


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newbie4help
August 14, 2008, 06:55 PM
Under the "travel" law where you don't have to have a CHL to have it concealed in the car, would having the gun in a shoebox on the passenger seat be considered concealed?

I ask because I have no good place to put my Glock within easy access where it can't be seen.

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TexasRifleman
August 14, 2008, 07:02 PM
No problem. The definition of "concealed handgun" in Texas is:

"the presence of which is not openly discernible to the ordinary observation of a reasonable person."

newbie4help
August 14, 2008, 07:08 PM
Thanks Rifleman.

Just curious if anybody has had/heard an experience of an overzealous cop giving somebody a ride for this.

Or if this is a regular practice?

TexasRifleman
August 14, 2008, 07:09 PM
When the law first passed there were a few agencies, mostly around Houston, that were reportedly giving folks a hard time.

The law was reworded and since then I haven't heard of any more problems.

The Legislature made it pretty clear what their intent was.

And, if you don't tell the LE it's there how will he know?

You are under no obligation to talk about it unless you are carrying with a CHL.

newbie4help
August 14, 2008, 07:11 PM
That's true; thanks!

I was originally putting it in my glove compartment, but then I realized 1) that's not convenient and 2) if I have to get license/registration that would be a touchy situation, and I'd have to tell him first.

Even though you don't have to tell him unless you have CHL, is it a good idea to? Like if they later found out they could get spooked right? Or are they used to law-abiding citizens carrying.

csmkersh
August 14, 2008, 07:11 PM
+1 on what TexasRifleman said. You can read the law at by clicking here (http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.02.00).

TexasRifleman
August 14, 2008, 07:15 PM
Even though you don't have to tell him unless you have CHL, is it a good idea to?

Would you tell them you had a gallon of milk in the car?

I personally wouldn't ever bring it up, but there's plenty of argument to be made on both sides.

csmkersh
August 14, 2008, 07:18 PM
Last time I was asked to step out of the vehicle, the first thing I did was lock it. Funny thing, the officer had his hand on the door handle with the locks clicked shut. Not a happy camper. Realized he had someone that knew the drill. Back on the road a couple of minutes later. :)

Guns and more
August 14, 2008, 10:06 PM
I understand the law in my state says that the gun must require two steps to access it. Such as a locked glove compartment, or gun case or in the trunk. I think a shoe box would not qualify.

Duke Junior
August 14, 2008, 10:31 PM
I think a shoe box would not qualify.

TexasRifleman quoted it:

"the presence of which is not openly discernible to the ordinary observation of a reasonable person."

A loaded gun in a closed shoe box is fine in Texas.Anywhere in the vehicle.As long as the person is not involved in any criminal activity.Well,that makes sense!
Other states,YMMV.

nalioth
August 14, 2008, 10:46 PM
I understand the law in my state says that the gun must require two steps to access it. Such as a locked glove compartment, or gun case or in the trunk. I think a shoe box would not qualify. This is Texas the OP is asking about, not "your state".

You can have it in your shirt pocket in your car.

You can have it in a holster on your person in your car ( so long as it can't be seen ).

You can have it under the seat.

You can have it on the seat next to you, covered with todays newspaper, Guns-and-Ammo magazine, your work shirt, a walmart sack or anything else that 'covers'.

You can have it shoved in your waistband, for all that (so long as it's covered).

You can have it tucked in your cowboy boots or under your hat (on your head, if you wear a proper hat).

I know I know . .
"How do you get it to your car from your house, when you've got it in a holster?" The law covers you from your house to your car, while riding around in your car, and back to your house.

No stepping out at 7-11 w/o a CHL while carrying on your person, please.

Frog48
August 14, 2008, 11:43 PM
I understand the law in my state... I think a shoe box would not qualify.

Luckily, we do not live in "your state".

freddd
August 14, 2008, 11:49 PM
I think a shoe box would not qualify.

I don't think a shoebox would apply. If I needed it, I couldn't get to it fast enough. How about a towel/blanket?

Quoheleth
August 14, 2008, 11:56 PM
Nalioth:
Thank you, sir, for a very consise & easy to understand explanation of the Texas law. I have wondered how to (legally) go from my car to my house - and vice versa - without breaking the law or [stop car...fumble under seat for guncase...unload weapon in car :eek: ...confirm empty weapon...place unloaded weapon in case...exit vehicle & lock door...curse, realizing that I forgot the briefcase with work in the back seat, dig keys out of pocket unlock car and pull out briefcase and balance it in one hand, gun case, and keys in other hand........]

Seriously - thank you.

Q

calaverasslim
August 15, 2008, 07:09 AM
I feel some regret that some of you live in UN-enlightened states or Commonwealths.

If you live in TX, you would have some rights. I carry open all around my place, either while hunting or working stock. I have that right. I carry a firearm in my car, I have that right.

Unlike some places, where you can't even carry a pool ball in a sock....:D

ilbob
August 15, 2008, 09:04 AM
Last time I was asked to step out of the vehicle, the first thing I did was lock it.
something that should be taught in driver's ed class.

Regen
August 15, 2008, 09:17 AM
Funny thing is, the exact opposite of this law is true in Virginia. You can carry a gun in your car without a CHP as long as it is plainly visible from outside of the car.

bdickens
August 15, 2008, 10:10 AM
The shoebox on the passenger seat is legal, of course but you should give some serious consideration to what will happen if you have to lock up your brakes or if you get into a wreck. Do you really want a pistol flying around the inside of your car?

My advice: find some more secure way to carry it.

Happiness Is A Warm Gun
August 15, 2008, 10:33 AM
You can have it on the seat next to you, covered with todays newspaper, Guns-and-Ammo magazine, your work shirt, a walmart sack or anything else that 'covers'.

Could you hide your real gun under a fake toy gun? :)

Funny thing is, the exact opposite of this law is true in Virginia. You can carry a gun in your car without a CHP as long as it is plainly visible from outside of the car.

I never understood this.

I was coming back from range (before I had my CHP) so I took pistol OUT of my range bag and put it clearly in view on passenger seat (to comply w/ VA law). Wife called and asked if I could stop @ Starbucks so I used drive through. I pull up to window and the female manager hands me the coffee then she notices the XD sitting on the seat. She makes the :what: look. Almost turns white. I hand her my CC to pay.

She says "it is illegal to brandish a weapon". I said I am not brandishing it. She asks if I can cover it up w/ something because it is making her uncomfortable. Why would not being able to see the weapon make her less uncomfortable? :banghead: I let her know that she is asking me to commit a crime because per VA law it is a crime to conceal the weapon in the car (of course I could have locked it in the trunk or glove box but I didn't let her know that).

She says that Starbucks has a policy against firearms. I tell her it isn't posted but I would be happy to leave (I wasn't sure if drive through is applicable to VA law) and hand her the coffee back and leave.

arthurcw
August 15, 2008, 05:36 PM
She asks if I can cover it up w/ something because it is making her uncomfortable.

***? She's charging you $5 for a cup of coffee and she thinks YOU are gonna rob HER?

:neener:

Mr Kablammo
August 17, 2008, 01:15 AM
Good ironic twistl, LOL.

walksbyhimself
August 17, 2008, 08:51 PM
I hate to ask an off-topic question, but I am very curious.

Why lock your doors when asked to step out of the car? Are they allowed to search the vehicle if it is unlocked, but not if it is locked? Wouldn't they have to secure consent or probable cause in any case to perform a search? My apologies if this is a dumb question.

edit: I'm in Texas, too.

csmkersh
August 17, 2008, 11:21 PM
It was a traffic stop. Not PC for a search in this state. What's visible only. The officer was about to conduct an search without either PC or permission.

Number one rule when asked if the officer may search your vehicle is say, "No." Other states your mileage may very. Also remember, under Terry, if the officer detains you more than 30 minutes you may have a reasonable complaint. Talk to your lawyer ASAP, don't wait until you've been stopped.

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