Some worried by law that allows drivers to have weapon (TX)

[davepc]

http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/012008dnmetcarryingguns.6a7417.html

The state's new castle law has grabbed the spotlight. But some say a lesser-known gun law, which also took effect in September, could have greater consequences.

The law allows Texans to carry guns in their cars, even without a concealed handgun license. As long you meet the law's other requirements – such as not being a gang member, refraining from criminal acts and keeping the gun out of sight – you can pack heat in your glove box.

"Castle is just kind of yawn," said Alice Tripp, legislative director for the Texas State Rifle Association. Texans have always enjoyed robust rights of self-defense. But the gun carrying law "is dramatic," she said.

Nicknamed the "Carjacking Law" by some, it is designed in part to give law-abiding drivers the right to carry a gun for protection.

But Dallas County District Attorney Craig Watkins worries that criminals may benefit most. He says the law, which also allows people to carry guns from their homes to their cars, has created a loophole that a defense lawyer could drive an armored tank through.

...

[Ian David]

1. Can you mount the weapons directly on your car?

[SteveM]

4. Probably, but it would be illegal.

[ManiacJoe]

2. This seems to be the law in question:

http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.02.00

[SteveM]

3. Ah, more "loopholes" from the "wild, wild west." The real impact is more prosaic...

In the 'Ol West days' when I headed out of town, lawyers would variously advise "keep it in the trunk," "keep it hidden in the backseat," "Keep it in plain sight," "tell the officer calmly that you have a gun," etc. Depending on your mood, you had exhilarating choices whenever you went to the range or off into the hills."

It was necessary housekeeping to keep some D.A.s from hassling folks who merely had guns in their cars. That's why the ACLU went with it as well.

[ManiacJoe]

5. They may be making mountains out of mole hills?

The law says you can have weapons (1) in your house, and (2) in your car, and (3) with you during direct travel to and from your house and car. If you leave the car for any reason at a location other than your house, the gun must stay in the car.

[jody]

6. ACLU of Texas appears to support the law.

ACLU of Texas Legislative Report

Gun Rights

The 80thTexas Legislature saw a significant victory for law-abiding Texans who choose to travel with their guns. In 2005, the Texas Legislature passed a law (HB 823) clarifying a long standing Texas law that allowed Texans to travel with their guns. Since the courts had come to different conclusions on the definition of “traveling,” the Legislature sought to set clear terms for carrying a gun in a vehicle. Prosecutors throughout the state chose to ignore the law, and still arrested and prosecuted law abiding citizens for traveling with their guns.

Traveling with Guns. HB 1815 by Rep. Isett, R-Lubbock, sought to stop prosecutors from misinterpreting a statute passed last session to continue to prosecute legal gun owners carrying a weapon in their person vehicle. It further clarifies the definition of traveling and will protect law-abiding citizens’ Second Amendment rights. The ACLU of Texas was instrumental in the creation and passage of this legislation. This legislation becomes effective September 1, 2007.

It would be nice if ACLU national supported RKBA.

[pipoman]

7. This sounds like it is similar to the Louisiana law

that your car is an extension of your home, therefore you can carry a gun in your car without a ccw...I haven't read any stats but can't believe it has been a problem there without having heard about it.

[SteveM]

14. Oh, it was a problem, depending on locale. Not so much around Austin...

but as you can see, a problem in Harris Co. (Houston) and other places wherein the D.A. lived up to his initials: duck's ass. Christ, duck & goose hunting is quite big in the Houston area, yet no sense of irony.

[Lex1775]

8. Interesting.

We have a comparable law here in Arizona and I haven't seen anybody up in arms (no pun intended) about it.

Couple of questions about the article though:

"As the officers searched under the passenger's seat, they found a black semi-automatic handgun. On the back seat, they found a spent shell casing. The passenger said he knew nothing about them."

What difference does it make what color the pistol is? If it were all stainless steel with a nice wood grip would that have been written in there?

"It's kind of like the wild, wild West, unfortunately."

Are they hoping that if this is said enough it will come true??

[spin]

9. This has been the law in Florida for many years.

"It is lawful to possess a concealed firearm for self-defense or other lawful purposes within the interior of a private conveyance, without a license, if the firearm is securely encased or is otherwise not readily accessible for immediate use."

From http://crime.about.com/od/gunlawsbystate/p/gunlaws_fl.htm

Isn't odd that Florida doesn't have shootouts at traffic lights everyday? Maybe most people are less violent than the anti-gun people would have us believe.

[benEzra]

10. The majority of states have such laws, and always have...

without problems. Texas was sort of wierd for prohibiting having a gun in your car until they changed the law.

The bit about "criminals benefiting most" is BS. The law changes nothing as far as criminals are concerned, IMHO.

[slackmaster]

11. Some District Attorneys are fucking idiots

But Dallas County District Attorney Craig Watkins worries that criminals may benefit most. He says the law, which also allows people to carry guns from their homes to their cars, has created a loophole that a defense lawyer could drive an armored tank through.

I wonder if it ever occurred to Mr. Watkins that the criminals he's talking about aren't even allowed to own guns at all. Or that ones who own guns illegally don't give a rat's ass whether carrying them in a car is legal or not.

[gorfle]

12. Oh Noes! Another loophole!

Gotta shut down that "driving" loophole!

[ManiacJoe]

15. Nor can those DAs read, it appears.

If someone can find the loophole, please point it out to me.

You can have a gun in your house, and hidden inside your car, and on you while you are going *directly* between these two places.

Where is the loophole?

[krispos42]

13. So this law allowed concealed carry while in your car...

...or on you way to and from it, without need a permit?

Sounds good to me.

I believe you can transport a gun in most states without needing a permit or anything like that, but the gun has to be unloaded and in the trunk.


In South Dakota you can transport a gun as long as it's not concealed. That means you can drive around with a loaded handgun, shotgun, or rifle on your lap as long as it's in plain view.

I know, I've done it!

[east texas lib]

16. Seems like a fair deal to me

At least non-CHL holders have now achieved some parity with CHL holders (and crimnals
who carry weapons no matter what ANY law states). Watkins seems to be stepping up to
the plate, though . He's on board with releasing wrongly convicted people who have been
cleared through DNA testing.