StrikeFire83
Member
This is not another one of those "my cousin Skeeter wants to know 'bout carryin in his car" threads. I'm a law student, and I'm well aware of 46.02 and the bills that created it. My issue stems from info on the DPS website's FAQ section, and several cases that I've run across, which, while old, HAVE NOT been explicitly overruled.
http://www.txdps.state.tx.us/administration/crime_records/chl/chlfaqs.htm
...but then just two "answers" down we find this little gem:
And now the text of 46.02
1. Obviously, if you're driving a car, one of the MOST logical places to conceal your handgun WOULD be your glove compartment. If you drive a regular cab pickup truck, the ONLY place to conceal your handgun would be the glove compartment.
2. Also, as I read the statute, you CAN conceal a handgun in the glove compartment or even ON YOUR PERSON while inside your vehicle just so long as you don't place the weapon in plain view.
And to complicate matters further, we have a few wonderful cases; and although they pre-date the 2007 change to 42.06, they HAVE NOT been explicitly overruled.
Bouldin v. State, 440 S.W.2d 859 (Tex Crim. App. 1969) (handgun in locked glove compartment was "on or about" defendant's person and sufficient to sustain conviction for unlawfully carrying a weapon).
Booth v. State, 344 S.W.2d 885 (Tex. Crim. App. 1961) (Pistol in locked glove compartment sufficient to sustain conviction).
Hutspeth v. State, 254 S.W.2d 130 (Tex. Crim. App. 1953) “Proof that appellant carried a pistol in the glove compartment of his car warranted conviction of carrying on or about his person a pistol.”
Franklin v. State, 183 S.W.2d 573 (Tex. Crim. App. 1944) “Peace officers apprehended appellant driving his automobile along a public highway. In the glove compartment of the car they found a pistol, This is the State’s testimony and is sufficient to show a prima facie case of guilt.”
I know these are ancient cases, referring to a version of a statute that no longer exists, but they've never been explicitly overruled either. Lawyers out there, help a rising 2L out! Many thanks.
http://www.txdps.state.tx.us/administration/crime_records/chl/chlfaqs.htm
56. Can I carry a handgun in my personal vehicle without a permit?
Yes. Section 46.02, Texas Penal Code was amended to allow a person to carry a handgun in a motor vehicle that is owned by the person or under his/her control. The weapon must not be in plain view, and the person must not be engaged in criminal activity other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic. Finally, a person carrying a handgun in his/her car must not be prohibited by law from possessing a firearm and the person cannot be a member of a criminal street gang as defined in Section 71.01.
...but then just two "answers" down we find this little gem:
58. If the handgun is on the seat beside me, am I still considered to be "carrying"?
Yes. The statute refers to carrying a gun "on or about" your person. Texas courts generally have considered this to include any gun within your reach, including one stored in your glove compartment.
And now the text of 46.02
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.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
1. Obviously, if you're driving a car, one of the MOST logical places to conceal your handgun WOULD be your glove compartment. If you drive a regular cab pickup truck, the ONLY place to conceal your handgun would be the glove compartment.
2. Also, as I read the statute, you CAN conceal a handgun in the glove compartment or even ON YOUR PERSON while inside your vehicle just so long as you don't place the weapon in plain view.
And to complicate matters further, we have a few wonderful cases; and although they pre-date the 2007 change to 42.06, they HAVE NOT been explicitly overruled.
Bouldin v. State, 440 S.W.2d 859 (Tex Crim. App. 1969) (handgun in locked glove compartment was "on or about" defendant's person and sufficient to sustain conviction for unlawfully carrying a weapon).
Booth v. State, 344 S.W.2d 885 (Tex. Crim. App. 1961) (Pistol in locked glove compartment sufficient to sustain conviction).
Hutspeth v. State, 254 S.W.2d 130 (Tex. Crim. App. 1953) “Proof that appellant carried a pistol in the glove compartment of his car warranted conviction of carrying on or about his person a pistol.”
Franklin v. State, 183 S.W.2d 573 (Tex. Crim. App. 1944) “Peace officers apprehended appellant driving his automobile along a public highway. In the glove compartment of the car they found a pistol, This is the State’s testimony and is sufficient to show a prima facie case of guilt.”
I know these are ancient cases, referring to a version of a statute that no longer exists, but they've never been explicitly overruled either. Lawyers out there, help a rising 2L out! Many thanks.
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