Castle Doctrine and Travelers

**CodeRed30** · 03-21-13, 02:31

I'm heading from AZ through NM and into Texas for a few days and can't find the answers I need for carrying my sidearm.

I have discovered that NM has an open carry statute that applies to a persons vehicle, so I think I'm good to pass through with the weapon in the passenger compartment.

My question comes to my stop- Texas. I'll be there for the weekend and want to know if I am OK to carry in my vehicle and in my hotel, even though I am a non-resident and non CC holder. Texas does NOT have an open carry statue, therefore would I be covered under the Castle Doctrine even as a non-resident?

Thanks in advance for any insight.

**Shorts** · 03-22-13, 23:40

Originally Posted by CodeRed30

My question comes to my stop- Texas. I'll be there for the weekend and want to know if I am OK to carry in my vehicle and in my hotel, even though I am a non-resident and non CC holder. Texas does NOT have an open carry statue, therefore would I be covered under the Castle Doctrine even as a non-resident?

Texas PC 46. Weapons
http://www.statutes.legis.state.tx.u.../htm/PE.46.htm

Pertinent statute:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

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

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

In other words, conceal it in your vehicle, don't commit a crime, be eligible to own a firearm and don't be in a gang with a gun in your car.

ETA: as for the hotel, you may legally transport it to and from your vehicle to the hotel room. I highly recommend bringing into the room at night. Do not leave anything of value in your car in hotel parking lots around here.

What part of TX you headed to?

**CodeRed30** · 03-27-13, 01:49

Thanks for the help Shorts.

Was in San Antonio for the weekend and followed those guidelines...

Sidenote- I really enjoyed downtown San Antonio. Really wouldn't mind living close by.

**Shorts** · 03-27-13, 09:08

Originally Posted by CodeRed30

Thanks for the help Shorts.

Was in San Antonio for the weekend and followed those guidelines...

Sidenote- I really enjoyed downtown San Antonio. Really wouldn't mind living close by.

You are welcome. Happy to help.

This session our legislature has two OC bills on file. They had hearing last week that went well from what I could tell on the webcast. Hopefully we can get OC passed and finally join the rest of the gun-lovin' country. Believe me, that point has been beaten into legislators' heads that were are one of six states, in the company of places like NY, who don't allow OC. That distinction stings a lot of folks.

Glad you had a good time in SA. It is a great town.

**CodeRed30** · 03-27-13, 15:14

Fingers crossed for you guys to pass OC. Pretty bad that Texas of all places doesn't have it. I'll be pulling for you folks.

**jack crab** · 03-27-13, 16:10

I might be getting something crossed here, but castle doctrine has nothing to do with carry or possession. Castle doctrine is a part of self-defense.

Self-defense is an affirmative defense to an imminent and otherwise unavoidable threat of death or grievous bodily harm. Castle doctrine addresses the "otherwise unavoidable" element by allowing one to defend where one lawfully is, i.e., you don't have to try to escape from your house because "a man's house is his castle." "House" can be temporary lodging.

One cannot excuse unlawful carry or possession by asserting castle doctrine. For example, if you take your handgun to your hotel room in New York, you can claim castle doctrine all you want, it is still illegal possession. Remember, Bernie Goetz prevailed on self-defense, but lost on the possession charge.

The Texas statute addresses "premises under the person's control," which would arguably be the hotel room.

**Ironman8** · 03-27-13, 16:19

Originally Posted by jack crab

I might be getting something crossed here, but castle doctrine has nothing to do with carry or possession. Castle doctrine is a part of self-defense.

Self-defense is an affirmative defense to an imminent and otherwise unavoidable threat of death or grievous bodily harm. Castle doctrine addresses the "otherwise unavoidable" element by allowing one to defend where one lawfully is, i.e., you don't have to try to escape from your house because "a man's house is his castle." "House" can be temporary lodging.

One cannot excuse unlawful carry or possession by asserting castle doctrine. For example, if you take your handgun to your hotel room in New York, you can claim castle doctrine all you want, it is still illegal possession. Remember, Bernie Goetz prevailed on self-defense, but lost on the possession charge.

The Texas statute addresses "premises under the person's control," which would arguably be the hotel room.

"Castle Law" in Texas covers both

**jack crab** · 03-27-13, 18:09

Originally Posted by Ironman8

"Castle Law" in Texas covers both

Both what? Self-defense and carry/possession? Or, residence and temporary lodging?

**Shorts** · 03-27-13, 18:32

A vehicle is an extension of your house. HB1815 (PC46.02) is described as a "safe commuter bill". AKA "car carry". That is what the OP needed in regards to having a firearm in his car w/o a conceal carry permit.

The OP used 'castle doctrine' to ask his question but it wasn't what he needed for safe travel. He needed PC 46.02

ETA: jack crab, is there a particular situation that you have in mind in regards to your questions?

The Castle Doctrine in Texas was passed by SB 378 in 2007.

Definitions of vehicle and habitation here:

PC30
Sec. 30.01. DEFINITIONS. In this chapter:

(1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:

(A) each separately secured or occupied portion of the structure or vehicle; and

(B) each structure appurtenant to or connected with the structure or vehicle.

(2) "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

(3) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation."