Author Topic: 46.02 (2)(B) - carry "in a motor vehicle"  (Read 988 times)

LDP

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46.02 (2)(B) - carry "in a motor vehicle"
« on: August 28, 2018, 12:03:33 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 for this strangely vague and unclear wording. As an engineer, I tend to inject logic into the law which usually proves to be a big mistake. Hence my questions. :)
L

TexasLawShield

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Re: 46.02 (2)(B) - carry "in a motor vehicle"
« Reply #1 on: August 31, 2018, 04:53:15 PM »
LDP,

To the contrary, “motor vehicle” does include motorcycles. The Texas Penal Code § 32.34(a)(2) defines motor vehicle as: “a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.” This definition uses the term “on” in reference to motor vehicles. This definition is extremely broad and does in fact include motorcycles. Similarly, watercraft is defined very broadly, and would include jet skis. Under Texas Penal Code § 46.02(a)(1), if you are not an LTC holder, your handgun must be kept out of plain view. Typically, motorcycles and jet skis, alike, contain a compartment either in front of, behind, or under the seat where you can conceal your handgun from plain view in compliance with the statue. If you have an LTC then you can openly carry your handgun in a shoulder or belt holster, conceal it on your person, or store it you your saddle bags.

To address your second question, traveling “en route,” literally means to travel directly to a motor vehicle or watercraft. Under this section, a non-licensed person could carry a concealed handgun from their vehicle in the marina parking lot directly to their boat. However, the more you stray from a direct route, the less likely you will be considered “en route.” If you were to stop and get a sandwich before getting in to their boat, you would no longer be considered “en route” under the statue.

LDP

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Re: 46.02 (2)(B) - carry "in a motor vehicle"
« Reply #2 on: September 04, 2018, 05:53:15 PM »
Thank you very much for the great clarification. I was not aware of the definition under § 32.34, I only noticed the PWC mentioned in the LTC law and it caught my eye.
Again, thank you, great exhaustive answer, you guys know your stuff. *thumbup*