loaded guns in Texas


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jyo
September 23, 2010, 10:59 PM
Recently my brother and I went on a road trip (5500 miles-12 states) and visited his grown son in Austin and stopped by my old pal (shooting buddy) in southwest Texas. While in the small town he lived in, we were introduced to the local DPS officer and my old pal mentioned that we had an unloaded pistol in the trunk (Kahr CW9)---the DPS officer laughed and said "Load that puppy up and keep it up front with you!" I was then told that while "traveling" in Texas this would be perfectly legal---you gotta love Texas gun laws!

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Sky
September 23, 2010, 11:16 PM
Yep!

dogtown tom
September 24, 2010, 12:42 AM
jyo Recently my brother and I went on a road trip (5500 miles-12 states) and visited his grown son in Austin and stopped by my old pal (shooting buddy) in southwest Texas. While in the small town he lived in, we were introduced to the local DPS officer and my old pal mentioned that we had an unloaded pistol in the trunk (Kahr CW9)---the DPS officer laughed and said "Load that puppy up and keep it up front with you!" I was then told that while "traveling" in Texas this would be perfectly legal---you gotta love Texas gun laws!

Just make sure to keep it out of "plain view" (throw a t-shirt over it).

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.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Texas Gun Person
September 24, 2010, 01:06 AM
We have some alright laws.


Still no open carry of handguns though...

Heavies
September 24, 2010, 01:16 AM
Wow. Hawaii needs to learn a little something from Texas.:)

TexasRifleman
September 24, 2010, 10:28 AM
I was then told that while "traveling" in Texas this would be perfectly legal---you gotta love Texas gun laws!

Just FYI the whole "traveling" thing is gone from the law, as posted above.

That term caused endless confusion over the years with arguments about what traveling exactly was. Much better now.

Still no open carry so a long way to go.

Sky
September 24, 2010, 11:38 AM
Only thing I might add if you are not a Texas CCW when you leave a pistol in your car the ammo has to be stored in a different place. Pistol in glove box ammo/mag in trunk or someplace else. Stops smash and dash guys from grabbing a loaded weapon and doing mayhem in the parking lot; or was intent I guess. Totally must be concealed. I think that is the way it is but don't bet the farm.

TexasRifleman
September 24, 2010, 11:47 AM
Only thing I might add if you are not a Texas CCW when you leave a pistol in your car the ammo has to be stored in a different place.

Gonna have to see a cite in the law for that, I disagree with your interpretation.

nalioth
September 24, 2010, 11:51 AM
Only thing I might add if you are not a Texas CCW when you leave a pistol in your car the ammo has to be stored in a different place. Pistol in glove box ammo/mag in trunk or someplace else. Stops smash and dash guys from grabbing a loaded weapon and doing mayhem in the parking lot; or was intent I guess. Totally must be concealed. I think that is the way it is but don't bet the farm. This is incorrect.

Texas doesn't have any laws that affect citizens and their ammo status while carrying.

Did your CCW instructor tell you that? http://www.novarata.net/images/e/eyeroll2.gif (some CCW instructors "stretch the truth" or have very creative interpretations of the laws, or present their opinions as law)

Sky
September 24, 2010, 12:00 PM
Good!
As always there is a lot of misinformation.
I will call and see if I can get a clarification with paragraph.

TexasRifleman
September 24, 2010, 12:06 PM
I will call and see if I can get a clarification with paragraph.

Yeah I'd be interested in seeing how someone gets to that conclusion. I don't believe you will get any citation to back up the claim. There is nothing in Texas law about loaded/unloaded etc. The only place you find references to loaded/unloaded is buried in some of the hunting regulations and even then it's more about load limits for some types of game.

Sky
September 24, 2010, 01:08 PM
Ok here is the deal from what I was able to gather......Some police (S. Texas) interpret the following rule to mean you have a fire arm in your car and a person younger than 17 breaks into your car where a fire arm is accessed you lose your CHL and possibly face charges on not securing the weapon properly. Seems if there is a lock on the weapon you may be looked upon more favorable. Reasoning being I suppose many cars are stolen by 17 years old and younger.

Page 47 also discussed and has a few more points. I figure if some kid steals your car and weapon and creates mayhem there will be finger pointing and blame to be placed. If you believe in "follow the money trail" it will probably come back to you as your fault even though you were the victim.

Like many things it is subject to interpretation and is never a straight shot to the answer.

When we first moved to South Texas I made sure the local Sheriff and the deputies were aware of it being legal for my wife to carry a pistol in the car without a CHL . It went all the way to the local D.A. and took 2 weeks before an answer hedged in legal speak delivered verbally to the sheriff was received.

One of the CHL schools does teach if you leave a firearm in a car be sure there is no ammo accessible because of the fear of some young person breaking into said car, getting weapon, and you will lose your CHL and or face the possibility of prosecution.

Hey guys I have been wrong before and maybe this time I am to but for me it is a learning situation and kinda makes sense. All the LEO and Boarder patrol guys I have meet down here seem to be for the most part just trying to do their job and make a living. There is a wide variance of interpretation on certain situations and in all honesty the law should be precise where the meaning of "is" means "IS"!

PC 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.
(a) In this section:
(1) "Child" means a person younger than 17 years of age.
(2) "Readily dischargeable firearm" means a firearm that is
loaded with ammunition, whether or not a round is in the chamber.
(3) "Secure" means to take steps that a reasonable person would
take to prevent the access to a readily dischargeable firearm by a
child, including but not limited to placing a firearm in a locked container
or temporarily rendering the firearm inoperable by a trigger lock or
other means
(b) A person commits an offense if a child gains access to a readily
dischargeable firearm and the person with criminal negligence:!!!!!17 or younger!!!!!!!!
(1) failed to secure the firearm; or
(2) left the firearm in a place to which the person knew or should
have known the child would gain access.!!!!!!!!!!!!!got ya!!!!!!!!!!!!!!!
(c) It is an affirmative defense to prosecution under this section that
the child's access to the firearm: !!!!!!!!!!"This Is where they get you!!!!!!!!!!!!!!!!!!!!!!!!!!!
(1) was supervised by a person older than 18 years of age and
was for hunting, sporting, or other lawful purposes;

Exclamations are added by me; did not think of a better way to high lite????

nalioth
September 24, 2010, 01:15 PM
Sky, that's all well and good, but leaving a loaded gun in your locked vehicle is not in violation of your posted law.

TexasRifleman
September 24, 2010, 01:17 PM
Sure, leaving a loaded gun out may expose you to liability but it is not a crime in and of itself.

Very big difference. If LE were to arrest you for leaving a loaded gun in your car because something might possibly happen sometime, you just won the lawsuit lottery.

Sky
September 24, 2010, 01:57 PM
TexasRifleman I agree..... I think some people pass that around not so much as a "what if" but more of a "protect your right to carry and avoid imperial entanglements". But it does make one go "Hummmmmmmm".

A friend (Lawyer) once told me there is a law against everything (with interpretation)just depends if they wanna get you on something.....He was obviously (hopefully ) joking and pissed at himself after I beat him in a hard fought tennis match.

nalioth
September 24, 2010, 02:55 PM
A friend (Lawyer) once told me there is a law against everything (with interpretation)just depends if they wanna get you on something.....He was obviously (hopefully ) joking and pissed at himself after I beat him in a hard fought tennis match. He was not joking.

We're veering into politics here, but you can look this philosophy up some more on your own time.

Sky
September 24, 2010, 04:10 PM
Nalioth I actually knew he wasn't joking at the time I just tried to soften the sentience. Trying not to sound political or radical and get hammer by defenders of the "Black Glove" (made up organization so don't even go there) or something!!?? Hhahahehe

Flintknapper
September 24, 2010, 04:28 PM
Sky wrote:

Ok here is the deal from what I was able to gather......Some police (S. Texas) interpret the following rule


MMMMMM, NO!

The police/LEO do NOT get to "interpret" the law. They can only "enforce" law, and have some leeway (discretion) as WHEN to apply it, but they DO NOT get to make things up as they go along.

A concealed weapon in a LOCKED vehicle can legally be stored/left there. I would love for some LEO to cite me for it.

Dokkalfar
September 26, 2010, 02:52 PM
Flintknapper, LEOs DO get to interpret the law insofar as arresting you and charging you. The court then gets to decide if the cop's interpretation was correct.

I have actually heard from one or two people with CHLs about that specific rule/consequences. I personally don't see it that way (you don't expect someone to commit a crime and break into your car) but if a cop sees it that way, there's not much you can do until you get to court.

JellyJar
September 26, 2010, 04:46 PM
My last instructor for renewing my CHL before I moved back to Alabama said, and I quote:

You may beat the rap but you can't beat the ride! :)

You can be arrested and charges dropped later but you will still have to go through the being arrested process. :banghead:

The Sarge
September 26, 2010, 05:50 PM
Only thing I might add if you are not a Texas CCW when you leave a pistol in your car the ammo has to be stored in a different place. Pistol in glove box ammo/mag in trunk or someplace else. Stops smash and dash guys from grabbing a loaded weapon and doing mayhem in the parking lot; or was intent I guess. ..........
Wrong.

TexasRifleman
September 26, 2010, 06:55 PM
Well the original question has been answered as well as some that came up along the way.

Sure cops can arrest you for all kinds of things but that doesn't mean you have to live your life in constant fear of arrest. Just follow the law and use common sense.

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