[iiibdsiil]

Okay, I am officially confused on the laws on me driving to Fort Worth, TX from Tampa, FL with my hand gun in the car.

First, I know Florida's laws, so we'll skip that one.

So, that leaves me with the following states, and what I have gathered so far:

Alabama -

Mississippi - Anywhere in car as long as I am over 18

Louisiana -

Texas -

What I need to know is in which states other then Mississippi (and you can correct that one if wrong), how do I go about travelling with my handgun in the car and if I have to notify the officer if I get pulled over.

Facts:

I am under 21.

I do not have a concealed weapons permit in FL.

Thanks in advance everyone!

[Prince Yamato]

If you don't have CCW

Texas- handgun in trunk, ammo/mags in car or vice-versa, but cannot be together. 100% sure on this one.

[Frog48]

In Texas, anyone can concealed carry within their vehicle "while traveling".

As of 01 Sept 2006, the legislature clarified the definition of "Traveling" as:

A person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.

A good reference for concealed carry info per state is www.packing.org

[Geronimo45]

TX says you can travel with a handgun. You're supposed to tell the Federales you're carrying if you have a CCW - don't know about just travelling sans license.

[cloudedice]

I would contact the state police in each of the states you would be traveling through and ask them. It's my understanding that the recordings of the calls could then be used as evidence in the unlikely event that your vehicle is searched and guns confiscated. It's really not your fault if the state police misinformed you.

[DKSuddeth]

Texas, you do NOT have to inform that a handgun is in the car UNLESS you have CCW. You need only inform upon being asked because the police MUST presume you are traveling according to the above 5 conditions.

[wdlsguy]

A good reference for concealed carry info per state is www.packing.org
Which is no longer being maintained, for the most part. www.handgunlaw.us (http://www.handgunlaw.us) is a much better resource these days.

http://www.handgunlaw.us/documents/USRVCarCarry.pdf

[tegemu]

Save all the hassles and drive a straight line.
( Devil made me do it)

[Art Eatman]

I-10 to Lafayette, LA; I-49 to Shreveport, and I-20 to Foat Worth is the least-hassle trip. If you stay within five to eight mph of the speed limit, you'll never find any LEO even looking at you.

And, yeah, in Texas, even the DA in Houston would believe that interstate travel is "travelling"; he disagrees that driving around town is legal travel. So, staying out of Harris County makes life easy for non-CHL folks.

Alabama, Mississippi and Louisiana Highway Patrol trooper generally seem to me to be not very excitable types. I see them several times a year, sitting along I-10 or "doing their thing". They mostly look bored.

Art

[wdlsguy]

Since you don't have a permit recognized in Alabama, you need to fall back on the federal peaceful journey law:
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
18 USC 926a
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000926---A000-.html

[Art Eatman]

wdlsguy, you really gotta work at it to get in trouble in the 65 miles of Alabama you traverse on I-10. :)

Good coffee at the Waffle House at Spanish Fort, exit 38-ish. :D

Art

[iiibdsiil]

Thanks so much guys!

[Spreadfire Arms]

In Texas, anyone can concealed carry within their vehicle "while traveling".

As of 01 Sept 2006, the legislature clarified the definition of "Traveling" as:

A person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.


it was actually 2005, not 2006, that the definition of "travelling" was defined. keep in mind that this written as a "defense to prosecution." this means the police can still arrest you, but ultimately you will not be prosecuted. Harris County (Houston) DA's office has stated publicly they will prosecute all "travelling" incidents as UCW (Unlawful Carry of a Weapon). while you may beat it in court, you can still be arrested, transported to jail (and cannot be released until magistrated EVEN if posting bail, because in Texas the magistrate sets the bail), your car can be towed (and searched incident to arrest and for inventory purposes), and have to pay a criminal defense attorney money. and your firearm can be seized as evidence (but later returned to you after the case is adjudicated).

so, while the travelling defense is in the books, you can still be arrested for UCW.

Texas, you do NOT have to inform that a handgun is in the car UNLESS you have CCW. You need only inform upon being asked because the police MUST presume you are traveling according to the above 5 conditions.

if you read my above commentary, realize the police can still arrest you. i am a Texas CHL instructor and i was told by Texas Department of Public Safety during my instructor training that this is true (that you can be arrested regardless of the law).

you can read the link here and see another CHL instructor's website explaining what he has been told as well:

http://www.concealedhandgun.com/newlaw.htm

you can also read the Texas DPS' statement regarding this law here:

http://www.txdps.state.tx.us/administration/crime_records/chl/Traveling.pdf

read the last paragraph where it says that some local LE agencies and prosecuting agencies will continue to make arrests and file charges and allow juries to decide.

i hope this gives you a better understanding of what to expect in Texas if you choose to carry a loaded pistol in your vehicle here.

[iiibdsiil]

Damn, I thought Texas was supposed to be the gun friendly state. :neener:

[birdv]

My 2 cents for TEXAS.

You can have a handgun if your under 21 on a trip.

But I got that from a Dallas cop.

You can't buy bullets.

Trunk unloaded is always a safe bet.

[DKSuddeth]

realize the police can still arrest you. i am a Texas CHL instructor and i was told by Texas Department of Public Safety during my instructor training that this is true (that you can be arrested regardless of the law).
so any texas LEO can arrest you for any reason whatsoever, even if no laws are being broken, just to let the magistrates, DA's, and courts figure it out?

[Spreadfire Arms]

so any texas LEO can arrest you for any reason whatsoever, even if no laws are being broken, just to let the magistrates, DA's, and courts figure it out?


the law in Texas states that a peace officer can arrest for any violation except speeding and open container (alcoholic beverage) in motor vehicle.

in regards to the quote you had listed that i had wrote, what i meant with "regardless of the law" was referring to the new "travelling" definition law. sorry i didn't make that clear.

the issue is that the "travelling" definition is not a law. it is a definition. the definition results in a "defense to prosecution." that means you can still be arrested, but you can use that definition to defend yourself in court.

further, it is not up to LE to determine if someone is innocent or guilty. the courts, prosecutors, defense attorneys, and jury (i.e. the court system) determines that. the officer's job is to determine if some law was broken, and if so, and if an arrest is necessary (or in this case, legal) then to effect that arrest.

in Texas, LE will then make the arrest, transport the person to jail, and write a "Probable Cause for Warantless Arrest" Affidavit (aka a "PC Affidavit"). when the magistrate comes to the jail (or in some large cities, the magistrate is in there until a certain time, or even 24/7) he or she reads the PC affidavit to determine if there is probable cause to hold a person with a criminal charge. if there is no probable cause the magistrate will order the release of the person. if there is probable cause, the magistrate will determine the bail amount and that person has the right to post bail. otherwise that person can request a PR (personal recognizance) bond (written promise to appear, like a citation), or can be held in jail until his or her court date.

that is a crash course in the TX legal system in regards to a criminal arrest.

im not saying that i agree with what some police agencies and prosecutors are doing in regards to this travelling defense. however i think it needs to be made clear to a person who is considering travelling through Texas, carrying a loaded pistol without a proper permit, that he/she may be arrested.

i'd certainly be pissed if i was told it was okay and somehow ended up in handcuffs! :eek:

[MechAg94]

As has been said on other threads, argue about it somewhere else, not on the side of the road. Any LEO anywhere can arrest you for any reason, but the consequences may go back on him.

Don't speed excessively (under 10 MPH over) and be polite and you shouldn't have trouble with police in Texas.

[iiibdsiil]

You guys sure we are talking about Texas and not **********?

Seriously though, thanks for the information. I'll just keep my gun locked up and out of the way in TX. Don't need my weekend ruined by someone's interpetation of "traveling."

[Spreadfire Arms]

You guys sure we are talking about Texas and not **********?

yes. in ********** you can probably be arrested for having a picture of a gun. :D

[orionengnr]

don't confuse Harris County with Texas.

Going from Tampa to Ft Worth, you won't find yourself in Harris County unless you are REALLY lost, say, 100 miles off course or so...


If you don't have CCW

Texas- handgun in trunk, ammo/mags in car or vice-versa, but cannot be together. 100% sure on this one.

Wow, 100% sure and 110% wrong...a new record.

[bamawrx]

Art is right about alabama. The troopers won't give you a hard time, just keep it under 80 and you'll be fine. I'm not up to speed on what your specific rules will be since I have had a CCW for so long.

I'd rather eat at the cracker barrel a few miles up I-65 off of I-10 in Mobile. Its off the Airport Blvd exit if memory serves, and is well worth the 2-3 miles to avoid the waffle house.

Only thing worth seeing here is the USS Alabama, which you will be driving right past as you enter Mobile. Try to have an hour or so available if possible to check it out. The aircraft displayes are screwed up from Katrina, but the ship is still worth seeing if you've never been on a battle ship like that.

[22-rimfire]

You didn't say if the gun is loaded in the car. Keep ammo and gun separate (trunk and interior space of car) and you won't have a problem. I'd pile some stuff (clothes) over the gun if it is inside your car. If you are talking loaded, I suspect that it is illegal in most states unless you have a concealed weapons permit that is valid in the state you are located in. It is the primary reason I got a CCW permit in TN. I can keep handgun loaded and don't have to worry about whether or not I'm legal. I believe the only states you can keep a gun unconcealed and loaded in your car without a CCW is where open carry is allowed. Remember you have to be legal at your destination and I believe you are.

Don't go through Houston. Not the shortest route unless you have business there.

[wdlsguy]

Code of Alabama
Section 13A-11-73
License to carry pistol in vehicle or concealed on person - Required.
No person shall carry a pistol in any vehicle or concealed on or about his person, except on his land, in his own abode or fixed place of business, without a license therefor as hereinafter provided.
http://www.legislature.state.al.us/CodeofAlabama/1975/13A-11-73.htm
Code of Alabama
Section 13A-11-84
Penalties; seizure and disposition of pistols involved in violations of certain sections.
(a) Every violation of subsection (a) of Section 13A-11-72 or of Sections 13A-11-81 or 13A-11-82 shall be punishable by imprisonment for not more than five years. Every violation of subsection (b) of Section 13A-11-72 or of Sections 13A-11-73, 13A-11-74 and 13A-11-77 through 13A-11-80 shall be punishable by imprisonment for any term less than one year or by a fine of not more than $500.00, or both. The punishment for violating Section 13A-11-78 or 13A-11-79 may include revocation of license.
...
http://www.legislature.state.al.us/CodeofAlabama/1975/13A-11-84.htm

[TexasRifleman]

Texas- handgun in trunk, ammo/mags in car or vice-versa, but cannot be together. 100% sure on this one.

And 100% dead wrong. That's not even REMOTELY close to correct.:rolleyes:

however i think it needs to be made clear to a person who is considering travelling through Texas, carrying a loaded pistol without a proper permit, that he/she may be arrested.

Well, that story keeps being passed around, but no one seems to have actually been charged since the new law came into effect, according to the Texas State Rifle Association at least.

<Art's Grammaw had to do some cleanup.>

[greyhound]

God bless the South... this wouldn't even be a topic of conversation (absolutely forbidden) where I was born and raised (Maryland).. after 2 years in Alabama I am so used to the (liberal!) gun laws here I find it odd to worry about carrying a gun in a car.

I wish much luck to the folks back where i was raised in Maryland....

[Art Eatman]

Court precedent in Texas has always favored the "traveller". I know of no one who doubts that one who is driving from another state into Texas is indeed a traveller as defined by the courts: Out of home county, overnight.

Since I know of cases decided in a defendant's favor, back when there was NO CHL law in Texas and all handguns were prohibited for any self-defense carry by Joe Sixpack, I don't see why the level of anxiety should increase now.

Again: The Harris County DA is looking at those local-area residents who do not meet the court-precedent standard, per his public statements. Harris County is not on the way from Florida to Fort Worth, anyway, so it doesn't matter what the guy thinks.

Art

[iiibdsiil]

Thanks for clearing that up.

And, about the gun being loaded, what's the point of a gun if it ain't loaded? :p

[Spreadfire Arms]

Quote:
Originally Posted by Spreadfire
however i think it needs to be made clear to a person who is considering travelling through Texas, carrying a loaded pistol without a proper permit, that he/she may be arrested.

Originally posted by TexasSIGman
Well, that story keeps being passed around, but no one seems to have actually been charged since the new law came into effect, according to the Texas State Rifle Association at least.

Probably, but who would want to be the first test case by an officer? Keep in mind that if he is arrested:

1. his trip is ruined

2. he has to return from Florida to Texas for court

3. he has to use his trip money to obtain a bail bond, which will cost more since he is an out-of-state resident who is then considered a risk since he may not return to Texas for court

while it appears nobody has been arrested (yet, thank goodness), i wouldn't call it a "story" which sounds more like an urban legend. its listed on the Texas DPS webpage. that is the state police of Texas telling you this, not some guy running his own private webpage with his own opinion.

the bottom line is that if you choose to carry under the travelling definition, just know that can potentially happen. i'm not saying to carry or not to carry. i'm certainly not an attorney, and i don't know if anyone here is or is not. i am a CHL instructor in Texas, and i know what Texas DPS told me in my instructor class.

and while its true he will not be travelling through Harris County, there are plenty of other jurisdictions and counties he will be passing through. the DFW metroplex isn't exactly a pro-gun area either. the Sheriff of Dallas County will not sign off on NFA paperwork even though there is no law prohibiting Class III ownership in Texas. i know this because he refused to sign off on a silencer for a deputy who worked in his own agency. my assumption is if he would not sign off for his own troops he certainly won't sign off for the public either.

[ETXhiker]

Totally disagree with the speed recommendations. Huge amount of illegal drugs hauled down the interstate highways in Texas, and cops compete to see who can make the biggest bust. Go 75 to 80 with out of state plates and you WILL get pulled over and probably shaken down.