Texas Residents: Anybody have an "Official Copy" of HB 1815 to keep in vehicle?

[StrikeFire83]

Hello, all.

I'm a Texas CHL holder and while HB 1815 made me happy when it passed from a right to keep and bear arms standpoint, it didn't really affect me and I did little beyond reading the text and moving on.

Last night, in a conversation with a friend who does NOT have a CHL and does a ton of driving on roads between Houston, San Antonio, and Austin for work, I informed him about HB 1815 and told him it is totally legal to carry a loaded pistol CONCEALED in his vehicle without a CHL. He has a Glock and wants to start doing this immediately. I told him it might be wise to print out the text of HB 1815 in the event that he gets one of those ball busting LEOs who needs a little bit of proof of what the law says.

Do yall think that this link:

http://www.legis.state.tx.us/tlodocs/80R/billtext/html/HB01815F.htm

printed out in its entirety would suffice as an acceptable copy being as how its clearly from the Texas legislature web site, or is there some other more "official" copy elsewhere that I should direct him to?

THANKS IN ADVANCE.

 

[CapnMac]

Probably not.

Recall that our State law is a "defense against prosecution" not a defense against arrest, detention and/or seizure.

Can be tough sledding in places like metro-houston, with the plethora of Counties, and Municipalities and the like each with theor own LE, and Prosecutors.

 

[StrikeFire83]

Okay, well, I'll just tell him to print out the text from the link above as it clearly comes from legis.state.tx.us and if he does get arrested by some rogue LEO who is violating the law in Harris County, he'll have just that much more ammo for his wrongful arrest lawsuit.

However, if anyone has a more "official" looking copy of the bill I'd still appreciate it!

 

[TexasRifleman]

Honestly I think it's been pretty well communicated to LE agencies around the state by now. I'd be surprised if you ran across an LEO that wasn't aware of the change.

It could happen of course, but that's pretty old law by now.

The DA in Harris County that was causing all the problems is gone as well.

 

[StrikeFire83]

Thanks for the reply!

What's your opinion of carrying the law's text in your vehicle just as an extra CYA measure?

 

[TexasRifleman]

What's your opinion of carrying the law's text in your vehicle just as an extra CYA measure?

My gut says that if you get a cop that doesn't know the law he's not likely to allow a debate on the side of the road. And, if you get a cop that knows the law and decides to arrest anyway, same result.

But that's just my opinion, I know a lot of people that carry them around.

 

[StrikeFire83]

You seemed pretty plugged-in to Texas firearms issues, do you know of any situations since 2007 where a law abiding citizen carrying concealed in his vehicle without a CHL has been arrested and had to sue, etc??

 

[TexasRifleman]

I have not seen anything on it, and the TSRA doesn't have anything showing either.

Since the Harris County DA left office things have been pretty quiet.

And, the law change in PC46.02 is NOT a "defense against prosecution". It's simply not a crime at all to have a handgun in a car you own or control as long as it is not in plain view and you are not a gang member.

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.

That is VERY straight forward. No weird wording at all. It seems to me at this point it's a non issue.

 

[StrikeFire83]

Well, I'm glad things are going well and the clear language is being honored.

But you can understand my worry, as I think the 2nd Amendment is pretty clearly worded too and we all know how that turned out.

 

[TexasRifleman]

But you can understand my worry, as I think the 2nd Amendment is pretty clearly worded too and we all know how that turned out.

Sure, if you think it will help keeping a copy of the law on hand there is certainly no harm in it. I'm just not sure an officer that is so ignorant of the law will want to have a debate about it.

If you want to get something that looks "official" to carry in the car get the Texas DPS handbook for concealed handgun permit holders.

That particular law is in that book too, in a nice printed format. Here is the PDF version:
http://www.txdps.state.tx.us/ftp/forms/LS-16.pdf

 

[StrikeFire83]

Thank you much, sir, I'll send him the link as well.

 

[Sediment]

I need to move to Texas

 

[Alex23]

Good luck with a piece of paper. If a Texas police or trooper takes issue with you over a firearm, he is NOT going to buy your inkjet printout from some website as some kind of get out of jail free card.

If you have to wave a piece of paper and say "But I got this off the interwebs" you're toast already.

 

[Sediment]

If you have to wave a piece of paper and say "But I got this off the interwebs" you're toast already.

How about a notarized copy?

 

[StrikeFire83]

Good luck with a piece of paper. If a Texas police or trooper takes issue with you over a firearm, he is NOT going to buy your inkjet printout from some website as some kind of get out of jail free card.

Prob not. Just wanted to give my friend the best info possible. As I stated, I'm a CHL holder and as such I don't really care that much about HB 1815 for my own use.

I've only been stopped by an LEO once in the 5 years since I got my CHL. Stopped for a broken tail light. Rolled down my window, placed the holstered firearm and spare magazine on the vehicle roof totally out of my reach, and held drivers license, CHL, and insurance card out the window as he approached.

Turned out to be a really nice guy and just gave me a warning regarding the tail light.

 

[mgkdrgn]

No piece of paper, produced by someone stopped by a cop, is going to keep said cop from doing what ever said cop wants to do. In fact, waving a scrap of paper in said cops face (basically telling him/her they don't know their job or the law) is going to make some sort of "contempt of cop" citation much more likely.

 

[06]

I know we are talking about Texas law. Here in NC the pistol has to be in plain sight. I place mine onto the dash when checked/stopped. In SC it has to be in the dash or console. Some states have a "3 step" rule. Considering today's climate it would take a very irate officer to harass an honest citizen for having the ability to defend themselves. If one does do so then simply ask to speak to his superior. I called the sheriff (a buddy) on one of his deputies last year for harassment. Got a call from him apologizing for his actions. He must have gotten his butt chewed pretty good.

 

[Phatty]

Has anyone ever heard of a single instance in the history of the world where a person successfully convinced a police officer that their conduct was legal by handing said officer a copy of the relevant law?

 

[bdickens]

Most of the cops in Texas are pretty well up to speed on the law. Besides, if your friend keeps it concealed, how is anyone going to know?

 

[SeanMTX]

StrikeFire....at the risk of derailing this particular thread...why would you voluntarily disarm yourself? e.g., putting the gun/holster on the roof of the car.

I've been pulled over 3 times in the lifetime of my CHL, and never once had a problem. I'm always courteous to the cop who pulled me over (they deal with enough on any given day) and they've always been great back to me. Sometimes I got off with a warning, sometimes not. My own fault for speeding.

I believe that you train people how to treat you, and if you voluntarily disarm, it's akin to being generally submissive (not to be confused with being aggressive). Most LEOs that I know and have met are happy to find 'another one of us.' Us being law abiding patriots, not necessarily LEOs.

I hope I've explained this as I hoped I would...hijack over.