Texas 'Castle Doctrine'? {What's it mean?}

[Col. Plink]

Hey y'all,

Have heard conflicting things about the new 'carry in your car' legality in Texas via the Castle Doctrine (a man's home is his castle, his car is an extension of his home).

What does this really mean for transporting firearms in the car? In what operating condition? Within reach, etc.?

Thanks very much!

 

[rbernie]

The answers to your question are likley here: http://www.thehighroad.org/showthread.php?t=452383

 

[3pairs12]

I thought that concealing in your car was a seperate bill all together. Not sure but I thought it was the motor vehicle protecton act. Anyway, this is what I have heard first hand from LEO. I was pulled over one day for a minor traffic infringement 24 in 20 school zone. No ticket just a warning and the officer was very cordial. At the time I had also heard conflicting reports of what was and wasn't legal. I asked about concealing a weapon in my vehicl and this when he referred to it as the motor vehicl protection act. He said you may conceal a handgun loaded in your vehicle. Not on your person (unless you have CHL). I asked when I had the duty to inform him I was carrying a loaded handgun his reply was I had no duty to inform him until I was asked if I had any weapons in the car. He also said that ther are some officers that take it upon themselves to make the rest of your "visit" with them a royal PITA, and recomended that I just pursue my CHL. So those sre the answers I recieved from LEO, and in no way am I taking this as the gospel, but it does make me a little more confortable until I buck up and get my liscence.

 

[Greybeard]

Texas 'Castle Doctrine'? {What's it mean?}

There was a lot of misinformation put out just under two years ago when the "Motorist Protection Act" had been passed by the 2007 Legislature. It involved changes to Chapter 46 of the Penal Code was more formally known as House Bill 1815. It's pretty well described in the referenced thread.

Another major that also went into effect on Sept 1 2007 was called "The Castle Doctrine" here in Texas, while in some other states, such is often called a "Stand Your Ground" law. Senate Bill 378 was a completely different and independent piece of Legislation and involved some major revisions to Chapter 9 of the Penal Code. As well as some very important tweaking (regarding civil immunity) to Section 83 of the Civil Remedies Code.

Beyond that, I'd suggest a Texas CHL class for "the rest of the story".

 

[orionengnr]

Good info so far. To expand: Castle Doctrine is immaterial for the purpose of this discussion.

Previous Texas law allowed one to carry in his car if one was "travelling". The problem was, "travelling" was not well-defined, and the intent of the law was abused (and people were prosecuted vigorously) in Harris County.

Two years ago, a revised/clarified law was passed, and one is now allowed to carry in one's car (providing one is not a convicted felon or engaged in a criminal activity).

This is not to say that the interpretation of this new law cannot or will not be tested as well, but I have not heard of any abuse of it so far.

And as stated, having a Texas CHL makes all of this moot. Also eases the purchase of additional firearms and, best of all, adds to the number of citizens that the government must legitimately fear or neutralize. To my mind, the larger this number becomes, the more hopeless their attempts to ignore or neutralize us. Of course, I've been wrong before...but not within this millenium

 

[mbt2001]

Actually, I believe that with the motorist protection act, it REMOVED from the law the ability for anyone to prosecute you by changing the law. Originally, they gave everyone in the car the "traveling" extension, when DA's didn't abide by those rules, my understanding is that the removed the relevant section of law, so there is nothing to prosecute someone, unless they are a felon / gang member or the like.

EDIT -

http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/HB01815I.htm

I am not sure if it is the final final bill. One interesting thing to note, is that IF this is the final bill, there is a contradiction in the law in regards to the weapon being in plain view. At least, I think. Someone on the board that is a lawyer should take a look at it and advise. On one hand carrying a handgun that isn't concealed in your car = law violation. Further down, it is lumped in with the other exemptions as a reason NOT to arrest someone....

 

[Art Eatman]

Leaving out the no-no places for carry: WITH a CHL, you can tote outside your car as you wander about town. WITHOUT a CHL, you gotta leave the handgun in the car.

"Travelling" seems to have been redefined as being in your car and driving around town with lawful purposes as your intent. SFAIK, concealed is good. Also, SFAIK, a non-CHL person is not obligated to tell a speed cop about the handgun. A CHL person MUST produce the license.

The "used to be" court decisions on travelling as a defense against prosecution for unlawful carry originally was that a person be more than a day's ride from home via horseback or wagon.

Then came the automobile. It then pretty much came to be precedent that if you were out of your home county, overnight, you were indeed travelling. The caveat was that when you reached your destination, you were supposed to "de-gun" your car and not carry around town.

 

[TexasRifleman]

"Travelling" seems to have been redefined as being in your car and driving around town with lawful purposes as your intent.

They removed the "travelling" term completely. Initially they changed the definition but then that nutcase DA in Houston started arresting people anyway so the second time around the completely took it out.

Now it's just, be in your car, not committing a crime, and not be a gang member.

Also, SFAIK, a non-CHL person is not obligated to tell a speed cop about the handgun. A CHL person MUST produce the license.

That is true, and goofy as all get out. The Legislature was looking at a bill to remove the must inform status for CHL's but it died along with everything else in Texas with the recent lockdown in Austin.