Texas car carry

[30mag]

Didn't Texas pass a law that if you're over 18, you can legally carry in your car?

[TexasRifleman]

Here's the exact law. It does not address age directly. It seems to assume that if you are old enough to be in possession of the firearm you can have it with you in the car.

In Texas that age is 17 and up. (PC 46.13) As far as I know that's the only mention of age in the penal code regarding firearm possession.

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.


Not a lawyer and all that stuff.....

[Hansli]

You must be 21 for a concealed carry permit, but only 18 to buy a handgun. Since car carry does not require a carry permit, it would be legal for someone 18 or over to have a concealed( it must not be in plain view) handgun in their car.

[TexasRifleman]

You have to be 18 to buy one but you can be in possession of one at 17 from all I can find.

[Rokyudai]

While your original question has been answered. Here is some add'l. info.

No one under 21 can purchase a handgun from a person/entity that has a Federal Firearm License and/or is conducting that purchase within this business (Federal Law) , but ages 18-20 can purchase FTF, PTP ie 'not an FFL'.

In some instances a person can obtain a CHL under the age of 21 if they are active military and obtain a specific form from their command ( I cannot recall the title of the form).

As always, take info. with a grain of salt from the internetz. Call a gun store on purchase requirements as they should be up on who they can and cannot legally sell to.

[bigmike45]

Something else you need to be aware of is that the city of Houston & Harris County law enforcement will not honor that law. The mayor went on the news and stated that if you do not have a valid CHL and are caught with a handgun you will go to jail. I dont know if that has changed but that was his position the day after the law went into effect.

[TexasRifleman]

I dont know if that has changed but that was his position the day after the law went into effect.

That has changed and the District Attorney that was involved in that is gone for being a sleazeball.

http://www.click2houston.com/news/15313713/detail.html

[Rexster]

Quote: "Something else you need to be aware of is that the city of Houston & Harris County law enforcement will not honor that law. The mayor went on the news and stated that if you do not have a valid CHL and are caught with a handgun you will go to jail. I dont know if that has changed but that was his position the day after the law went into effect."

Old news. The Harris County DA's office does comply with the NEW law. Be very careful, however, in complying with ALL parts of the new law. An example: One who is not the owner or operator of the motor vehicle in question, CANNOT carry a concealed handgun on or about his person. Having tattoos that appear gang-related can indicate to the police that one is a gang member. Having prescription drugs that are not inside their original containers can really complicate things. READ the law, and judge for yourself; make an informed decision.

[nalioth]

Something else you need to be aware of is that the city of Houston & Harris County law enforcement will not honor that law Why does everyone drag up these old bones?

The latest revision of the law was specifically written for those overzealous DAs who would "give you a free ride", and sort out legalities later.

[M2 Carbine]

This is the important part of the "New Law", HB No 1815 (House Bill)

If I was going to carry a handgun in the car without a CHL I would have a copy of HB 1815 in the glove box. Individual LEO can be pretty bad about keeping up with new changes in the laws.


H.B. No. 1815

AN ACT
relating to the prosecution of certain offenses that involve carrying weapons on a person's property or in a person's vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02, Penal Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:
(a) A person commits an offense if the person [he] intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(b)(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.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. SECTION 5. This Act takes effect September 1, 2007.......................................


______________________________ ______________________________
President of the Senate Speaker of the House

I certify that H.B. No. 1815 was passed by the House on May 11, 2007, by the following vote: Yeas 137, Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House

I certify that H.B. No. 1815 was passed by the Senate on May 23, 2007, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor

[TexasRifleman]

If I was going to carry a handgun in the car without a CHL I would have a copy of HB 1815 in the glove box.

Certainly can't hurt I guess, but if I were going to carry without a CHL I'd simply never tell anyone it was there and avoid the whole thing.

[capttom]

The friend who taught my concealed carry class is also an officer with the school district I for which I work. His take on the law is that there is a "presumption of innocence" in the statute. That implies to me that you can still be arrested if they really want to jerk you around. Your defense would get you out when you go before the judge. It's not likely that a cop would haul you in, but could.

Don't take this as gospel: I'm no lawyer. If I'm wrong about this, please set me straight. I don't want to promulgate incorrect ideas.

[30mag]

I'd just like to point out that while 17 is the legal age for pretty much everything in TEXAS, you have to be 18 in the United States (due to federal laws) in order to posses a handgun.

Because except under specific circumstances, if you are a minor, and you are in possession of a handgun, if you are caught, you are in a mess of TROUBLE.

[M2 Carbine]

The friend who taught my concealed carry class is also an officer with the school district I for which I work. His take on the law is that there is a "presumption of innocence" in the statute.

This is from the DPS web site.

Q: Can I carry a handgun without a license while driving or traveling in a motor vehicle?

A: Effective September 1, 2007, a person who can legally possess a firearm may possess or carry a handgun in a motor vehicle (including a recreational vehicle with living quarters) that is owned by or under the lawful control of the person. However, the firearm must be concealed, the person may not be engaged in criminal activity, and may not be a member of a "criminal street gang." The person may also carry the handgun to and from his vehicle without a license. See Texas Penal Code 46.02 (a). However, DPS recommends that you seek the advice of an attorney with any questions regarding the unlicensed carrying of weapons.

[capttom]

I'm glad Texas DPS is aggreeable, 'cuz they can be some mean muthas when riled:)

[Quoheleth]

I'm glad Texas DPS is aggreeable, 'cuz they can be some mean muthas when riled

In order of people you do NOT want to cheeze-off in Texas:
1. Texas Rangers
2. Texas DPS Troopers
3. Judge Tony Polumbo
4. Your local game warden
5. My mother-in-law

To the OP: the key is keep it concealed - it's Texas' version of "don't ask, don't tell."

Q

[skinewmexico]

If you're in Texas, you should join the Texas State Rifle Association, so you're informed on changes in the law. The change in the car carry law is due almost entirely to the lobbying effort of the TSRA, and a joint paper they did with the ACLU.

[M2 Carbine]

If you're in Texas, you should join the Texas State Rifle Association, so you're informed on changes in the law. The change in the car carry law is due almost entirely to the lobbying effort of the TSRA, and a joint paper they did with the ACLU.
True.
If you aren't a TSRA member shame on you.

http://img.photobucket.com/albums/v135/Bell406_206B/Jihadthis.jpg