Author Topic: 46.02 (2)(B) - carry "in a motor vehicle"  (Read 56 times)

LDP

  • Newbie
  • *
  • Posts: 5
    • View Profile
46.02 (2)(B) - carry "in a motor vehicle"
« on: August 17, 2018, 04:39:33 PM »
Quote
Sec. 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person commits an offense if the person:

        (1)  intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club; and

        (2)  is not:

                (A)  on the person's own premises or premises under the person's control; or

                (B)  inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

I have two questions for clarification of section (2)(B), if somebody has any insight (lawyer reply preferred).

First, does "inside a motor vehicle" really mean "inside"? As in, a motorcycle does not apply here because one cannot be "inside" a motorcycle? By comparison, the penal code goes on to expand on the "watercraft" as "any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water."  A PWC (aka jet-ski) is just like a motorcycle, you cannot be "inside" one but it seems that the Texas lawmakers allow carry on a jet-ski.

Second, do I understand the wording "or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control" to imply that a NON-licensed person can carry concealed from, let's say a marina parking lot to their boat?

Thank you in advance for any good insight or explanations. As an engineer, I tend to inject logic into the law which usually proves to be a big mistake. Hence my questions. :)
L

LDP

  • Newbie
  • *
  • Posts: 5
    • View Profile
Re: 46.02 (2)(B) - carry "in a motor vehicle"
« Reply #1 on: August 17, 2018, 06:12:38 PM »
I wonder if this is more suited for the Ask the Lawyers forum.
Moderators, could you please move this thread if applicable?
Thank you.
L