In the state of Texas


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gladi8tr
April 10, 2008, 12:26 AM
How is it going i just moved to texas and i have read the gun laws but need a little reasurrance, the question is In the state of Texas is it legal to carry a handgun in a vehicle if it is concealed without a ccw. I have read it and i think so. so if anyone can help it would be much appreciated also i am going to get a ccw but for the time being i would like to carry in my vehicle. thank you

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doc540
April 10, 2008, 12:29 AM
Yes, as of 9/2007 you can carry a concealed handgun in your car w/o a CHL.

TexasRifleman
April 10, 2008, 12:30 AM
Yes it is legal. It does need to be concealed.

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
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 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;
(B) prohibited by law from possessing a firearm;
or
(C) a member of a criminal street gang, as
defined by Section 71.01.

Elza
April 10, 2008, 12:31 AM
Welcome to Texas!

Yes, it is now legal. However don’t be too surprised if you get hassled about it if a cop finds out. It isn’t a huge problem but it can happen.

gladi8tr
April 10, 2008, 12:32 AM
if i read it correctly did it say that the car is now considerd part of the castle and you dont have to be actually travelling now, like the old law and thank you for the welcome i love it here

TexasRifleman
April 10, 2008, 12:34 AM
if i read it correctly did it say that the car is now considerd part of the castle and you dont have to be actually travelling now

Yeah it's VERY clear now. Don't confuse this with the Castle Doctrine stuff. Different law.

inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.

gladi8tr
April 10, 2008, 12:39 AM
thank you the clarification is much appreciated alot of people are telling me that it you need to be actually traveling but i read it and from what it looks like you can just be in your vehicle

nalioth
April 10, 2008, 12:48 AM
It took them several tries, but the law now reads the way it does because of some overzealous DAs.

The law has always said "traveling", but the aforementioned DAs wanted you to be 'traveling by their definition'.


Last I looked, you can 'travel' from your house on the corner to the convenience store on the next corner, or the grocery store, or 5 states over. The new law clearly spells out where it is legal.

Elza
April 10, 2008, 12:55 AM
Texas used to have some arcane laws regarding the carrying of a gun in your car. They revolved around the ‘traveling’ requirement. They tried (unsuccessfully) to define what ‘traveling’ actually meant on several occasions. They finally did it the smart way and did away with any ‘traveling’ restrictions as of Sept 07. In your vehicle and out of sight is legal. Period.

CatsDieNow
April 10, 2008, 11:00 AM
Be careful with this in areas like Houston or Austin. Several DAs are on record saying that they will ignore the law and try to prosecute you anyway. :cuss:

You will probably beat the rap, but not necessarily the ride.

ashtxsniper
April 10, 2008, 11:04 AM
San Antonio will prosecute you also.

RiveraRa
April 10, 2008, 11:09 AM
Also note that as soon as you step out of your car you are no longer allowed to carry concealed. So if you stop in a store you better leave it in the car.

csmkersh
April 10, 2008, 11:10 AM
Yes, the Harris County DA (Houston) has been a source of problems over licensed carry and "traveling" for years. The good thing is he's in trouble with the law right now himself. He resigned saying prescription drugs made him do "it."

Both the Austin DA and Chief of Police have been problems over the years as well.

TexasRifleman
April 10, 2008, 11:11 AM
Be careful with this in areas like Houston or Austin.

San Antonio will prosecute you also.


That was before Sep 07. The incidents that lead to these stories happened before the last revision to the code.

Now that the entire traveling thing is gone there is nothing but a lawsuit waiting for any DA that attempts to prosecute now.

You can't cite a single case where what you have posted here has actually happened.

K3
April 10, 2008, 11:14 AM
Be careful with this in areas like Houston or Austin. Several DAs are on record saying that they will ignore the law and try to prosecute you anyway.

You will probably beat the rap, but not necessarily the ride.

To echo TexasRifleman, those statements were made PRIOR to the new law that went into effect in 9/07. They were in response to the previous attempt at revision which was still unclear and open to interpretation.

csmkersh
April 10, 2008, 11:16 AM
San Antonio will prosecute you also.

No they won't. DA Susan Reed knows and follows the law. Several years back she refused to prosecute a man who shot and killed a chicken thief at night.

That's not saying you won't be arrested. There's an old cop saying, "You may beat the charge but you won't beat the ride."

springmom
April 10, 2008, 12:08 PM
Welcome to Texas. Now that you're here, sign up for, and get, your concealed handgun license (CHL) and you won't have to worry about it. In the meanwhile, yes, you can carry in your car.

Except....

...if you are otherwise not allowed to have a gun (felony conviction, under 17)
...if you are on your employer's property and they do not allow it in the car (IOW, the state law does not force an employer to allow you to carry in the car against their own policy)
...it can't be in someone ELSE's car
...and don't leave it, and a child under 17, in the car together unless it is in a locked container.

IOW, it doesn't set aside other laws regarding firearms in Texas.

Springmom

phantomak47
April 10, 2008, 01:52 PM
Ok , lets mix it up a bit. I plan on getting a Texas permit in the future, time and commitments have delayed me getting one.

I do have New Hampshire, florida and Penns permits, with the Florida permit allowing me to carry in Texas.


I have talked to several people who have told me that even though people have here and on other boards that I am a member of said that a Texas resident cannot use a Florida permit to carry, there is no law stating this.


Thoughts? Can I carry with my Florida permit?

mec
April 10, 2008, 03:01 PM
That was before Sep 07. The incidents that lead to these stories happened before the last revision to the code.



In fact, the willingness of those monkeys to ignore the intent of the legislature is what lead to the precise language of the law passed in 2007. The same legislative session passed a bill that protects confidentiality of chl records. You an probably thank Canon USA for that one. They had threatened their employees with dismissal if they failed to report that they have Concealed handgun licenses or any changes in their license status. Of course, they forbid any gun carry on their property but also wanted to intrude on their employee's lawful activities away from work.

Right after the law went into effect in 1996, the Texas Liquore control board director, a democrat appointee of Anne Richards. declared that, contrary to clearly stated law, it would remain illegal on a felony level to carry anwhere alcoholic beverages are sold-liquor stores, convenience stores and grocery stores. The legislature came back and clarifled this too and gave the idiot some extra work determining which TABC licensees actually derived the majority of their business from selling alcohol for on premises consumption. This gave him something to do besides trying to play legislator.

Local and state government agencies posted their premises against armed citizerns and the legislture took that one away from them too. they can keep their own employees disarmed bu not the general (licensed) public.

springmom
April 10, 2008, 03:11 PM
I have talked to several people who have told me that even though people have here and on other boards that I am a member of said that a Texas resident cannot use a Florida permit to carry, there is no law stating this.


Thoughts? Can I carry with my Florida permit?

I'm not sure I understand the question. You are a Texas resident who has a Florida permit, and you want to know if you're ok with that?

I would call DPS in Austin and ask them. I *think* but am not sure, that you have either 30 or 60 days to get the Texas permit. If you've been living here for longer than that and "just haven't gotten around to it", and if you have Texas license plates on your car and a Texas driver's license, you are going to be in some trouble, assuming you're ever asked for the license, of course.

A Texas resident must have a Texas permit.

Springmom

mec
April 10, 2008, 03:23 PM
I'm not sure either but I believe one of the 2007 laws makes it alright to use your florida license until it expires.

heeler
April 10, 2008, 03:34 PM
I travel a lot by motorcycle.
Since it is a legal motor vehicle do you think it would be a problem while it is concealed in my tankbag or saddlebags??
I do it anyway because i do a LOT of long distance trips.

TexasRifleman
April 10, 2008, 03:47 PM
A Texas resident must have a Texas permit.

You're gonna have to show a statute for that one. I've never seen or heard any law regarding that at all.

Unless you can show us a statute otherwise I'm gonna say that's incorrect.

Read the reciprocity agreement with Florida:

http://www.txdps.state.tx.us/director_staff/public_information/pr090700.htm

It does not limit reciprocity to Florida residents.

Texas has signed reciprocal agreements with Florida and Tennessee, allowing citizens with concealed handgun licenses issued by Florida or Tennessee to legally carry concealed handguns in Texas, and vice versa.

nalioth
April 10, 2008, 06:08 PM
I travel a lot by motorcycle.
Since it is a legal motor vehicle do you think it would be a problem while it is concealed in my tankbag or saddlebags?? A motor vehicle is a motor vehicle.

csmkersh
April 10, 2008, 06:29 PM
Texas Transportstion Code 541.201. VEHICLES, defines a motorcycle as a motor vehicle. Texas PC 46.02 will apply this same definition.

frankie_the_yankee
April 10, 2008, 06:37 PM
Texas honors FL permits without regard to one's state of residence.

If you are a TX resident and hold a valid FL permit, you are good to go.

IANAL, but when I first moved to TX 7 years ago I carried on a FL permit for several months until I got a TX CHL. I checked with TX DOS and they told me it was fully legal.

Feel free to call DPS and check this out for yourself.

As far as I know, there is no time limit except for when the FL permit happens to expire.

TexasRifleman
April 10, 2008, 06:41 PM
Texas PC 46.02 will apply this same definition.

If they really want to get nasty I suppose they could get you for having it concealed on your body if you got off the motorcycle, but that would really take a jerk of an officer to do that.

Dunno how else you'd carry it on a motorcycle though. Saddlebag?

Hmm, never thought about that one.

csmkersh
April 10, 2008, 07:07 PM
Years ago, under the old travel laws, my hunting buddy had a long discussion over a S&W .44 Mag hanging from the handle bars of his bike. He asked the deputy to show him the difference between that and a .30-30 in a gun rack in a pickup. I suspect that Kendall County deputy is still thumbing through his book.

And, yes, I know a long gun is legal anywhere, loaded or not. Only handguns are regulated in Texas and we're a preemptive state.

TexasRifleman
April 10, 2008, 07:09 PM
He asked the deputy to show him the difference between that and a .30-30 in a gun rack in a pickup.

LOL Nice. I like it.

When I was in high school I would ride my street legal dirtbike out to my grandparents farm with a Mini14 slung over my shoulder.

Never had trouble but it was a town of a couple thousand and 20 years ago. Different world I guess.

Jax
April 11, 2008, 06:15 AM
All valid Florida CWP permits are recognized by the State of Texas. There is no prohibition to being a Texas resident and carrying concealed with a current Florida non-res permit. No 30-day, 60-day, etc time limits. None.

The only significant difference between the two is that having a FL non-res permit does not get you the "no NICS, cash and carry" purchase benefit the Texas CHL holders have.

Just remember to obey the laws *as if* you had a Texas permit. Carry where permitted in Texas under Texas law - not Florida's, and remember you are required to inform if asked for ID by Texas LEOs while carrying.

HTH,

Jax

revjen45
April 11, 2008, 09:12 AM
A TX CHL is almost as good as Utah in terms of how many states recognize it. It IS worth getting. Another thought: carry an EBR or 8-shot Mossy 500 in your car. We moved back to WA for employment, and there's a lot about TX I miss- like seeing the sun in the Winter.

ashtxsniper
April 11, 2008, 11:48 AM
I was told by several San Antonio Police officers that they were to charge the person regardless of the new law and let the courts work it out. I am currently going through the Law Enforcement academy in San Antonio and I have heard this same thing from several officers(high and low ranking), lawyers, and other public officials affiliated with the courts. It makes no difference to me I have my CCL but I am just stating what I was told. Just throw caution to the wind.

csmkersh
April 11, 2008, 12:30 PM
Ash, which brings us back to what I said earlier:

There's an old cop saying, "You may beat the charge but you won't beat the ride."

Cops are notoriously the worst persons to ask about the law. For some your arrest is for the crime of contempt of cop. FWIW, I've had dealing with SAPD numerous times over the years. Never once was I disarmed when they saw my CHL.

As to the new law, sounds like our ****yankee Chief is the problem. DA Susan Reed really needs to have him sit in the corner and promise to get the word out. FWIW, this is an ego thing with SAPD. They fought the new law.

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