Do I read this legislation correctly to say that you can carry a handgun from your premises to your motor vehicle but not from your motor vehicle to your premises?
What if you are in downtown Houston visiting your lawyer, 6 blocks away from your vehicle, and start walking directy toward your motor vehicle when you see the police officer? The way the statute reads, you cannot be convicted.
Please tell me I am wrong.
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001
Are you saying the lawyer's office is a premises under the control of the person carrying the gun, or that by visiting one's lawyer with a handgun one was necessarily engaged in a sporting activity? I think you are correct that you cannot carry the weapon about your person if your vehicle is not on your premises and you are not "en route to" the vehicle. Park closer to home if you are going to take the gun in with you, or make sure there is a vehicle on the premises, to which you can say you were headed.
Gentlement, I think y'all are looking at different sides of the same coin.
quote:Originally posted by Ken Sparks: What if you ... start walking directy toward your motor vehicle when you see the police officer? The way the statute reads, you cannot be convicted.
Ken is pointing out that "I was just going to my car" may ALWAYS be a defense (really, an exception) to UCW/handgun.
quote:I think you are correct that you cannot carry the weapon about your person if your vehicle is not on your premises and you are not "en route to" the vehicle
Martin, you point out that the law speaks about heading "to" a vehicle, but not "from" a vehicle or "between" a vehicle and another location, as is done in other portions of Chapter 46.
Another example of stellar lawmaking, eh?
Oh, and y'all didn't even mention that HB 1815 legalized the carrying in plain view of any and all illegal knives and clubs in your own automobile. Personally, I think I'm going to carry a club like this:
Think they make a gun rack that will fit this thing?
Posts: 2430 | Location: TDCAA | Registered: March 08, 2002
quote:Originally posted by Ken Sparks: Do I read this legislation correctly to say that you can carry a handgun from your premises to your motor vehicle but not from your motor vehicle to your premises?
What if you are in downtown Houston visiting your lawyer, 6 blocks away from your vehicle, and start walking directy toward your motor vehicle when you see the police officer? The way the statute reads, you cannot be convicted.
Please tell me I am wrong.
I believe you read the legislation correctly. However, the court cases generally say one is not UCW as long as one is directly en route from one place where it is legal to carry to another. For example, the statute doesn't say it is legal to carry your new gun home from the shop where you just bought it, but that is certainly legal. I think the same goes for someone carrying directly from his car to his residence, beginning 9/1/07.
As for the guy on the street in Houston, I believe he is not UCW under the new legislation as long as he is headed directly to his car. However, if it can be proven that he was not directly en route to his car at the time he saw the officer, he was UCW at that time.
Why do you have to be carrying the gun directly from your vehicle to your residence? Is that what the existing caselaw says? And do you have to prove you are en route to your residence from your vehicle?
Returning to the flip side of the coin. Suppose you encounter some obstruction in the direct path from where you are to your vehicle? Can you lawfully continue to carry your gun along any more indirect route you choose?
Shannon, the club rack will hopefully be cheaper than your club. But, why not just tie a thong on the end and let it dangle and clank against the back window as you drive along?
Boyd, I agree with you on the case law and your reasoning. I was just pointing out the absurdity of the situation since the bill was a re-write in an attempt to clarify the 2005 amendment. The legislation ought to be clear so we do not have to pontificate on its meaning.
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001
Had a case in Wood County where some fishermen called in about a man shooting at them with a tank. Turns out that there was a man with lakefront property (Lake Fork) who restored old military equipment for use in films. The howitzer was disabled from shooting projectiles, but he rigged the gun with a contraption that spit out smoke, flame and made a big boom so it could be used in the movies. He was out practicing with the tank (with the attached howitzer) one afternoon as our fishermen were enjoying the day at the lake. He unintentionally scared the croppie out of those poor souls.
So let me get this straight, a lawfull CCW holder must state he has a firearm when stopped in car, yet a dope dealing thug can keep it hidden and not say he has a gun, and even if I find his gun I need to prove another crime above class c first? I cant arrest for the gun, and find the dope? Funny how felony charges drop to misd and they never get a felony conviction to remove gun rights.
This great for Police on the street
Posts: 10 | Location: Texas | Registered: December 30, 2006
Shannon, the club rack will hopefully be cheaper than your club. But, why not just tie a thong on the end and let it dangle and clank against the back window as you drive along?
Now, now, Philip. You know I was referring to the "thin leather strap or string for fastening something" variety. But, on second thought, maybe the second type of thong would be quite appropriate to dangle one of those bright, shiny devices.
