Gun in car in Texas legal?


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HPJeep
June 30, 2010, 05:33 PM
A neighbor of mine was telling me last night that it is now legal to have a gun in your car in Texas. I always thought you had to have a CCW to do this.

I know that before CCW passed in Texas that it was legal for you have to have a gun in the car if you were traveling, going hunting or to the range. This was reversed to appeal to the antis in order for CCW to pass.

Am I wrong on any of this? Does it matter if its a handgun or long gun?

thanks yall

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shiftyer1
June 30, 2010, 05:40 PM
long gun is perfectly fine to have anywhere in vehicle. You can have a handgun in your vehicle if it's concealed. The law is easy to find online. The problem is that in Travis county odds are pretty good you'll still be hasseled and maybe detained.

TechBrute
June 30, 2010, 05:42 PM
Legal. It was always legal under the "traveling" law, but about two years ago they clearly defined travelling as anyone in a car not participating in gang activity. I'll look for the statute to link.

TexasRifleman
June 30, 2010, 05:43 PM
Here's the statute, PC46.02

Sec. 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 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.

TechBrute
June 30, 2010, 05:44 PM
This is sort of an academic discussion, since you should just get a CHL if you are a Texas resident. If not, get yourself a Utah permit.

hirundo82
June 30, 2010, 05:46 PM
Legal per Texas Penal Code 46.02 (http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm):
Sec. 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.

TexasRifleman
June 30, 2010, 05:46 PM
The problem is that in Travis county odds are pretty good you'll still be hasseled and maybe detained.

Well, if it's concealed and you don't tell them there is no reason they should know.

Telling every cop who stops you that you have a pistol under the seat is probably a bad idea.

NavyLCDR
June 30, 2010, 05:50 PM
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm

Sec. 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.

(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. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

shiftyer1
June 30, 2010, 05:53 PM
The utah permit may not be an option for long, from what I understand they are trying to change that.

TexasRifleman
June 30, 2010, 06:05 PM
The utah permit may not be an option for long, from what I understand they are trying to change that.

Not really. One Democrat in the Texas legislature is all twisted up about it. I doubt that will go anywhere.

At the moment the DPS is empowered to make the decision on whether or not to enter into reciprocity agreements with other states.

This is just some politician flapping his jaw. And besides, there's always Florida, it's very easy to get.

Salty1
June 30, 2010, 06:30 PM
the Texaschl forum is a great place to keep up on whats going on in Texas. Could there be legislation proposed that would require Texas residents to have a Texas CHL versus "short cutting" the system and geting one from Utah? From my perspective this is a possibility, how far it goes will depend and how they play let's make a deal with other legislation.

HPJeep
June 30, 2010, 10:38 PM
Thanks for the informative replies. So it sounds like its legal to put a handgun into the glovebox or console and keep it there since I am not a felon, a gangbanger, a drug user, etc. So I do not have to get a CHL to do this right? I know, I know, I should go ahead and take the CHL class!

nalioth
June 30, 2010, 11:14 PM
Thanks for the informative replies. So it sounds like its legal to put a handgun into the glovebox or console and keep it there since I am not a felon, a gangbanger, a drug user, etc. So I do not have to get a CHL to do this right? No CHL necessary to carry this way.

You can even wear it in a shoulder rig or IWB so long as you're following the law. . .

TechBrute
July 1, 2010, 01:36 AM
Yes, please don't get a CHL. That way when you'll drive somewhere you'll need to leave the gun in the car, thereby arming local car thieves, and rendering yourself defenseless.:scrutiny:

Ask Susanna Hupp how leaving you gun in the car works out.

Seriously, nut up and get your CHL. It is your responsibility.

TexasBill
July 1, 2010, 06:49 AM
When the new law first went into effect, a number of county prosecutors ignored it and told LEOs in their jurisdiction to continue enforcing the old statute. The Legislature amended the law to fix that. You shouldn't be hassled for a properly carried handgun even in Travis County. If they do give you a hard time, simply say you are carrying pursuant to Penal Code 46.02.

If Texas wants more people to get the CHL, Texas should make getting the CHL less of a pain in the patoot. You can be vetted to become a peace officer in less time than it takes the DPS to decide on a CHL (up to nine months). Heck, you can become a peace officer in less time. The federal government can decide if you are eligible to purchase a firearm in minutes; the DPS can check to see if there are outstanding warrants in minutes (they run your DL every time you renew). So what takes six to nine months?

We went more than 100 years without the ability to carry a firearm at all and it's about time the Legislature recognized that redress is due. Frankly, I think the state ought to adopt the new Arizona law, recognizing that a law-abiding citizen does not become a criminal simply because he or she chooses to carry a firearm for personal protection.

Art Eatman
July 1, 2010, 12:23 PM
The original queston has been answered...

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