Texas Gun Law Questions

[Tyrannosaurus]

A young friend of mine recently got himself into a situation, and I was wondering if anyone with better Texas gun law knowledge than I might be able to provide some advice.

He was arrested several weeks ago (I just recently learned of it). He met a girl on the internet, and she invited him over to her house. He was talking to the girl outside, and the girl's grandmother called the police.

The grandmother explained to the police that the girl had lied about her age, and this situation had happened on multiple occasions in the past. However, at this point, the police had asked my friend if he had any weapons in the vehicle, he told them the truth, and they retrieved his loaded handgun from the glove compartment.

He was charged with handgun possession, and he was not charged for talking to the minor.

He does not have a CHL license, but from what I understand, it is not illegal to carry a loaded handgun in your glove compartment in Texas, with or without a CHL.

He's a great guy, and I'd hate to see a fella this young get his record criminally marred if he was rightfully carrying according to state law.

I'd love to hear your opinions, and if anyone could recommend an inexpensive Houston/Texas lawyer for him, please send me a direct message. Thanks very much for any help or advice!

Jay
www.gunsandtacos.com

 

[calaverasslim]

There is something going on here. Best do what most smart folk do at a time like this.



HIRE AN ATTORNEY

 

[JohnKSa]

The story, as told, does not indicate that he violated any law.

HOWEVER, if he was violating some other law at the time that the police arrived then they could charge him with unlawfully carrying the handgun even if it was a legal handgun and was properly concealed.

That's because the way the law is written if you're "engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic" then you can be charged under 46.02 for unlawfully carrying a handgun if you have one in your vehicle.

Same applies if he is a "member of a criminal street gang" (as defined by TX law) or if he is "prohibited by law from possessing a firearm".

calaverasslim's advice is good.

 

[Tyrannosaurus]

Thanks JohnKSa and calaverasslim.

He's a young guy (early twenties), and is 'guilty' of wearing baggy clothing and probably a sideways hat. But he is a good kid, and carries a piece in his glovebox because he lives in a (really) rough neighborhood.

He works for UPS, and he's never been in trouble in his life. I hope this forum can help me give him some solid advice.

 

[peyton]

Tell your friend to Lawyer up!! He should of refused the search of the car first but that is water under the bridge now.

 

[TexasRifleman]

Yes, should have never admitted the thing was there in the first place, but now that he did there is no option but to lawyer up.

Was the handgun the ONLY charge filed?

Criminal street gang in Texas is, just FYI:

three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.”

On the surface it doesn't appear that the charges will stick, but he really needs a lawyer on this one I'm afraid.

And he needs to understand his rights, mainly the right to not put yourself in jail with your own words.

 

[bdickens]

Get a lawyer.

 

[bottom shelf]

recommend an inexpensive Houston/Texas lawyer

It'd be best if this was not a major requirement. "Effective" would be more important.

 

[slamfirev10]

all good info here

probably not guilty according to your version, (esp in houston), though "it is not illegal to carry a loaded handgun in your glove compartment in Texas, with or without a CHL" is something you may have to argue in court (glove compartment is not the issue, control is)
get a lawyer
an effective one
and tell him to wear clothes that fit - how can anyone who doesn't know him, know he is as you say, a good guy, based on those clothes - clothes do make the man
and for the record i believe you and working for UPS is a plus

 

[Tyrannosaurus]

Thanks for the sincere tips, guys. It's a shame that he'll need to pony up for a good lawyer to prove his innocence, when there's not a law in place that prevents him carrying in his vehicle.

I'm furious about the whole ordeal, and I'm really glad I'm not in his shoes.