shotgun laws in vehicle

[bdog]

I am in Texas and am considering buying a shotgun with an 18" bbl such as a mossberg 500 primarily for home defense. I ocassionaly travel late at night and would like to have it along for protection. What would be the legality of having it with the magazine loaded(chamber empty) under the seat of my truck?

[Coronach]

Ehhh. I'm a LEO, but not one from Texas. I'm guessing that this would not be a good idea, unless you have some manner of permit (which I know Texas issues for CCW).

On a tactical level, however, I feel farily comfortable in saying this is a Bad Idea. Think about it for a moment:

1. In order to get the gun into play you would need to exit the vehicle...unless you have some setup with which I am not familiar, or are extrordinarily flexible ;)

2. In most true self-defense scenarios, exiting the vehicle is Not a Good Thing, since you are leaving a position of (relative) safety and placing yourself in harm's way.

3. Unless the law is REALLY different in Texas, one of the first things a DA is going to look at is whether or not you took all reasonable steps to avoid the conflict and/or retreat/escape to a position of safety.

So...if a situation crops up where you would need to use the gun, you will have to stop...place car in park...exit vehicle...reach under seat...remove shotgun...rack...aim...fire.

Thats 1. slow and 2. legally questionable (at best). Better? A handgun (with CCW permit) and training training training.

Mike




------------------
"A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects." -Robert Heinlein

[nedfig]

As of this writing, it is legal in the state of Texas to carry a LOADED LONG GUN in your vehicle or anywhere for that matter. Remember when the new black panthers were in Houston with the SKS's and shotguns. My uncle is a Captain in the Sherrif's Dept. I asked him about it. He said you can carry long guns in your lap with a round in the chamber. It's legal. You may have some explaining to do if stopped though. You just have to have a CHL to carry handguns.

Of course I must state that I am not a lawyer or LEO, so check your locals laws before acting on what I just said.

[bdog]

Thanks for the replies. I fully agree that a handgun would probably be better in this situation. I was mainly just thinking about a temporary solution while I wait the three months or so on my CCH. Also, I only have one handgun, and depending on which my wife likes better I might be carring the shotgun or the handgun. Where I live it is pretty desolate. I am not really worried about getting car jacked at a stoplight. I am more worried about breaking down in the middle of no where and having some undesireable stop to "help" me. In the event I break down I assume I would just chamber around and lay the gun next to me in the seat.

[MountainGun44]

Until recently in California, it was legal to carry shotgun *unloaded* in your vehicle because if it was a legal length shotgun it was not considered a "concealable" weapon.

That may have change with SB 23 ( a provision slid in with the assault waepon stuff).

[Coronach]

In light of that legal tidbit from Nedfig and an explanaition of your situation, I'll tone down my objections. :)

One thing I don't think I mentioned the first time, though, still applies...cars get broken into a lot. I'd hate to lose a gun that way...and worse, I'd hate to give a gun to a scumbag, loaded or otherwise.

Just stuff to consider.

Mike


------------------
"A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects." -Robert Heinlein