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Originally Posted by David
I read an article recently about the large increase in gun citations in Texas. I couldn’t find the link but the gist is that while texas passed a permit less carry law, many people don’t know the law. One of the big points of texas law is that you can’t have a gun open and in reach in your car without a permit. Sounds like people are getting pulled over for traffic infractions and think they’re ok to have their gun laying out in the open.
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Quote:
Originally Posted by Rick Lee
That sounds like a crazy law. Why would anyone think they need a CCW permit to keep a gun in the open in their car? It's more likely they think they need a permit to keep it concealed in their car, hence the in plain view thing.
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I had a case right after the law changed and neither the on scene officers, the on call detective, nor the on call DA knew the specifics of the new law nor how to enforce it.
https://faq.sll.texas.gov/questions/42809
Prior to September 1st, 2021, only those with a Texas License to Carry (LTC) were permitted to keep a handgun in "plain view" within the vehicle. However, House Bill 1927 eliminated this requirement. See our FAQ on HB 1927 for more details. After September 1st, 2021, Texans who do not have an LTC but are otherwise eligible to carry a handgun in their vehicle can keep the gun in "plain view". The gun must be in a holster:
Most of my cases in this realm involve some other infraction like weed. They don't prosecute the weed but they do on the unlawful carry. Edit: and in most of the weed cases the guy is riding around with the pistol on the seat just under his leg and a lot of times with a 30 round magazine, SMH.
What's even more confusing is the carry laws and signs citing the law that are displayed by businesses. There is one that prohibits open carry even by those with license in a business if they post the sign. Some signs are so obscured and not in correct format that it is way too easy to walk into a store and be in violation. There is also a 51% sign that I've only seen once. It has something to do with even a license holder can't carry at all in an establishment that derives 51% of revenue from booze sales/consumption (or so I believe is how it is written).