Texas Non CHL Carry handgun in truck console

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patmetz

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I have a question concerning Texas SB 1815 and Texas Penal Code 46.02 which SB 1815 Ammended.

I would be all over getting a CHL but While I may own a gun and have passed background checks and just purchased a gun, a DWI a couple of years ago seem to preclude me for a few years still with all of the research I have done.
with that not being an option here are my questions.I have a co worker who used to be a LEO and he says the whole on or about your person thing will get me and it must be unloaded locked in a case with ammo and gun seprated.

1. Can I carry a loaded with a 10 round clip one in the chamber, safety on,.45 handgun in my glovebox,console, under my seat, or in a soft gun pouch on the seat next to me, or a holster under my coat while in my truck? While driving to from work, shopping, getting gas, to a guns show, to the range, normal everyday life in Dallas, Tarrant and surrounding counties. so long as the weapon is not in plain view?

2. If not, what are the requirements, as the law is vauge, what state must I carry a handgun in, locked in my case, clip in or out?

3. If you carry multiple handguns can only one be loaded what state must the other gun be in? does this affect passengers as they are MY guns.

4. In a 4 door truck with no trunk what state must you carry handguns in since there is not a trunk, trigger lock ,locked case, ammo/clips unloaded, seprate from the gun? I go to the range frequently on my lunch breaks, so they are with me currently in a locked case with with loaded clips not in the gun on the back seat.

5. If I am pulled over and carrying as in question 1, what should I tell a LEO, I respect them and don't want to alarm them, but don't want to go for a ride either by not stating I am armed.

I know this is alot of questions but I have researched this form months and can't find a definitive answer even the DPS website says I can carry. I DO NOT want to break the LAW, ever again that DWI cost dearly and almost cost me my 20+ year career.

So if any Irving, Fort Worth, Grapevine, Garland, Lewisville, Coppell, Grand Prairie, Dallas, Forney, DPS LEOs could repond that would be cool and I would follow thier advice. I am tick tock tick tock waiting my 5 years for my CHL.

Here are my sources for the law.
Question 56
http://www.txdps.state.tx.us/administration/crime_records/chl/chlfaqs.htm

Actual laws
http://www.legis.state.tx.us/tlodocs/80R/billtext/html/HB01815F.HTM
http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.46.htm

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle 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 that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
 
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Thanks
Not knowing where to start, so since I saw all of the posts started here.
 
Yes you can carry a loaded handgun in your vehicle in Texas without a permit. The rules are simple: 1. It must not be in plain view. 2. Don't carry it ON your person. Put it somewhere where nobody can say you were wearing the gun. 3. If you get out of the car, the gun has to stay in the car. Except for carrying it to/from your house provided that your car is parked on your property.

Prior to getting my permit when I had to drive somewhere sketchy at a less than safe time of day I used to put my .45 on the passenger seat and cover it with a jacket. I've had LEOs stop me when travelling that way and not a thing was said about it.
 
"Out of plain sight" is the key if you do not have a CHL.

I DO have a CHL, and I carry. I've been stopped several times by DPS (hey I have a heavy foot, OK?) and I've had the handgun in a IWB holster, in the truck console, and in the door pocket. I always hand the officer my DL with CHL on top, and they have always just handed the CHL back, sometimes asking if I'm carrying. Usually they ask where the gun is, and I tell them. BTW I always place my hands on the top of the wheel as they approach. One said "Just leave it there, OK?" and one asked what kind of gun I carried, and we proceeded to discuss the merits of my Beretta 92.

I've never been hassled by DPS, and they have all been extremely polite and professional.
 
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