BRENHAM POLICE INVESTIGATES POSSESSION AND UNLAWFUL CARRY CHARGE
Monday at 10:42 PM, Officer Sowders conducted a traffic stop on E. Academy, and as she made contact with
the driver, thirty-seven year old Justin Wayne Brauner, of Burton, she was notified by him that he had a handgun underneath the front seat of the vehicle. The driver also said he didn’t have a concealed handgun license.
Sgt. Curtiss Schoen arrived and he and Sowders had both occupants exit the vehicle. During a search Sowders found two pocket knives on the driver.
The driver gave consent to search his vehicle; during the search suitcase was located and inside the case the officers found a baggy containing cocaine. The driver said the case was his.
Brauner was charged with Possession of a Controlled Substance under one gram, and unlawfully carrying a weapon.
The way part of this article is written is misleading as to the carring of a handgun in a vehicle in Texas. Any person over the age of 18 can carry a handgun in their vehicle, provided it is not in plain sight and they are allowed by law to own a firearm (not a convicted felon). The Texas Motor Vehicle Act changed at some point (I forget what year) to allow this. Certain cities, San Antonio being one of them, have their own laws to attempt to trump the state law not allow this. A Texas CHL is in no way necessary to carry a handgun in your vehicle. It is a fairly common misconception, but is not true.
What made this man having a gun in his vehicle illegal was having it while in possession of drugs. That makes an otherwise legal possession of any firearm illegal, anywhere.