Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

TX: in shoebox on passenger seat = concealed?

Discussion in 'Legal' started by newbie4help, Aug 14, 2008.

Thread Status:
Not open for further replies.
  1. newbie4help

    newbie4help Member

    Joined:
    Feb 11, 2008
    Messages:
    229
    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.
     
  2. TexasRifleman

    TexasRifleman Moderator Emeritus

    Joined:
    Feb 16, 2003
    Messages:
    18,302
    Location:
    Ft. Worth
    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."
     
  3. newbie4help

    newbie4help Member

    Joined:
    Feb 11, 2008
    Messages:
    229
    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?
     
  4. TexasRifleman

    TexasRifleman Moderator Emeritus

    Joined:
    Feb 16, 2003
    Messages:
    18,302
    Location:
    Ft. Worth
    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.
     
  5. newbie4help

    newbie4help Member

    Joined:
    Feb 11, 2008
    Messages:
    229
    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.
     
  6. csmkersh

    csmkersh Member

    Joined:
    Jan 26, 2004
    Messages:
    1,050
    Location:
    San Antonio TX


    +1 on what TexasRifleman said. You can read the law at by clicking here.

     
  7. TexasRifleman

    TexasRifleman Moderator Emeritus

    Joined:
    Feb 16, 2003
    Messages:
    18,302
    Location:
    Ft. Worth
    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.
     
  8. csmkersh

    csmkersh Member

    Joined:
    Jan 26, 2004
    Messages:
    1,050
    Location:
    San Antonio TX


    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. :)

     
  9. Guns and more

    Guns and more member

    Joined:
    May 6, 2008
    Messages:
    1,929
    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.
     
  10. Duke Junior

    Duke Junior member

    Joined:
    Aug 11, 2008
    Messages:
    685
    Location:
    Cherokee County,North Carolina
    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.
     
  11. nalioth

    nalioth Member

    Joined:
    Jul 9, 2007
    Messages:
    5,841
    Location:
    Houston, Texas
    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.
     
  12. Frog48

    Frog48 Member

    Joined:
    Aug 7, 2006
    Messages:
    2,201
    Location:
    Somewhere down in Texas
    Luckily, we do not live in "your state".
     
  13. freddd

    freddd Member

    Joined:
    Jan 4, 2006
    Messages:
    32
    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?
     
  14. Quoheleth

    Quoheleth Member

    Joined:
    Mar 7, 2007
    Messages:
    3,179
    Location:
    The Land of Bowie, Crockett, Travis & Houston
    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
     
  15. calaverasslim

    calaverasslim Member

    Joined:
    Jul 20, 2005
    Messages:
    1,006
    Location:
    San Antonio de Bejar
    SEE?

    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
     
  16. ilbob

    ilbob Member

    Joined:
    Jun 14, 2006
    Messages:
    10,896
    Location:
    Illinois
    something that should be taught in driver's ed class.
     
  17. Regen

    Regen Member

    Joined:
    Mar 15, 2007
    Messages:
    310
    Location:
    Virginia
    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.
     
  18. bdickens

    bdickens Member

    Joined:
    May 1, 2008
    Messages:
    747
    Location:
    Houston, TX
    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.
     
  19. Happiness Is A Warm Gun

    Happiness Is A Warm Gun Member

    Joined:
    Jul 8, 2008
    Messages:
    320
    Location:
    Chesapeake, Virginia
    Could you hide your real gun under a fake toy gun? :)

    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.
     
  20. arthurcw

    arthurcw Member

    Joined:
    Mar 10, 2006
    Messages:
    939
    Location:
    Houston, TX (a.k.a. Free City of Aztlan)
    ***? She's charging you $5 for a cup of coffee and she thinks YOU are gonna rob HER?

    :neener:
     
  21. Mr Kablammo

    Mr Kablammo Member

    Joined:
    Jan 3, 2003
    Messages:
    301
    Location:
    Texas
    Good ironic twistl, LOL.
     
  22. walksbyhimself

    walksbyhimself Member

    Joined:
    Jul 7, 2008
    Messages:
    112
    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.
     
    Last edited: Aug 17, 2008
  23. csmkersh

    csmkersh Member

    Joined:
    Jan 26, 2004
    Messages:
    1,050
    Location:
    San Antonio TX


    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.


     
Thread Status:
Not open for further replies.

Share This Page