TX rifle/handgun in vehicle laws


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fireside44
June 26, 2011, 04:25 PM
Hello,

I need some info on carrying a rifle and handgun in my vehicle within the state of TX. I'm having a tough time getting anything solid on google so I figured I'd post. Please note I DO NOT have a CCW currently. I spend lots of time in Hays, Comal, and Travis counties but am also traveling around the state very often.

Can I carry a loaded rifle in my vehicle? I'm pretty sure I can carry a pistol but not loaded? If so, what must the exact arrangement for ammo/guns be? I'm running a van, so I have access to the entirety of the vehicle.

I need some precise info cause I don't need trouble, I'm not really into breaking laws and I don't want to be ignorant with regard to this. Your help and info is much appreciated. Thank you very much gentlemen.

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Mike1234567
June 26, 2011, 04:42 PM
TX is a castle state... home and automobile. I carry in my car but never where posted not to and never on a federal facility nor to a courthouse parking lot, public school parking lot, etc. I haven't done all the research I need to either but I err on the side of caution. Rifle? I don't know but I know that handguns must be concealed and are best locked in a small safe bolted down when you leave the car. If you have no safe then the car must be locked... again with the firearm out of site.

fireside44
June 26, 2011, 04:51 PM
So I can carry both a loaded rifle and pistol in my automobile? Even if they are within reach while I am driving?

I'm confused. I was told by one character recently that the rifle had to be unloaded and the ammo stored out of reach or something. I'm not gonna do any of it if I'm not EXACTLY certain of the law here.

Help!

Mike1234567
June 26, 2011, 05:07 PM
Again... rifle? I don't know. Your "concealed" pistol can be loaded and within quick/easy reach. There are just some places you cannot take "any" firearm. Also, this "right" depends on whether there are any "legal" reasons the law may object to someone "carrying" in their vehicle.

JohnKSa
June 26, 2011, 05:21 PM
So I can carry both a loaded rifle and pistol in my automobile? Even if they are within reach while I am driving?The pistol MUST be concealed to be legal. Otherwise you are correct.

I've heard rumors that San Antonio has a city ordinance having to do with carrying long guns in public but I don't know if/how it applies to vehicle carry or even if the rumor is true.

Per state law you can carry a rifle or shotgun just about anywhere you want, loaded or empty, concealed or openly. It's certainly legal to have one in your vehicle.

Per state law you can not carry a pistol openly at all, with or without a permit, loaded or unloaded, in or out of your vehicle. There is an exception for certain sporting/hunting activities but that's not really relevant to this discussion.

Per state law you can carry a handgun concealed with a CHL license. It must be concealed.

Per state law you can carry/possess/transport a handgun in your vehicle with or without a permit, loaded or unloaded but it MUST be concealed.

It is POSSIBLE to run afoul of game/hunting laws when you have a loaded gun in the car, but it's never going to be an issue unless you're caught at night shining a light out of the car on a rural road with a loaded gun in the car. Otherwise TX law does not distinguish between loaded and unloaded guns.

shiftyer1
June 26, 2011, 05:28 PM
what john says

There are no laws regarding long guns in ur vehicle that i'm aware of. Handguns must be concealed, loaded or unloaded.

If your in the process of commiting a felony this is null and void

NavyLCDR
June 26, 2011, 05:45 PM
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.02

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-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.

razorback2003
June 26, 2011, 06:17 PM
There is no law against carrying a long gun in Texas. The carrying a weapon law down there only covers handguns, long knives, clubs, etc as weapons. If something is not against the law, then it is legal. Technically, there is no law in Texas to prevent you from slinging your loaded long gun over your shoulder and walking down the street.

You can keep your long gun in your vehicle down there however you like, concealed, unconcealed, loaded or unloaded, one in the chamber, whatever. Arkansas is the same way in that long guns are not considered 'weapons' under the carrying a weapon law. Get you a truck with a gun rack and put your loaded rifle in it and go to the country. I wouldn't do that in town where it may be stolen.

GEM
June 26, 2011, 06:29 PM
San Antonio does have a local ordinance. We had a discussio of it on Glock Talk and the text is posted there. I'm too mellow now to search for it.

The rationale was that they wanted an antigang tool for members driving around with SKS's they bought in the $100 days at gun shows.

It does conflict with state law. However, when I called the SAPD about it - their spokesperson says they enforced (discretion against gangs). However, I've had a sarge tell me you could even walk down SA streets with a long arm.

Quite a mess - the TSRA should tackle it but it's a low priority. Never seen a big test case. SA also has a law against lockback knives you see sold everywhere and on quite a few pockets. Again an antigang law.

Glenn

fireside44
June 26, 2011, 11:04 PM
Thank you gentlemen, especially you, Navy LT. Exactly what I was looking for. Again, thanks.:)

tuckerdog1
June 27, 2011, 06:21 AM
If you have a handgun in your car, you have a carry permit, and you are stopped by law enforcement, you're required to inform the officer you have a carry permit & you have a handgun in the car. If you DO NOT have a carry permit, and are transporting a handgun, are you also required to inform an officer about the gun, if you're pulled over?

Seems like you would. Why should the law be more restrictive on the permit holder than someone without a permit? Just haven't seen where this is addressed.

Tuckerdog1

NavyLCDR
June 27, 2011, 09:41 AM
If you have a handgun in your car, you have a carry permit, and you are stopped by law enforcement, you're required to inform the officer you have a carry permit & you have a handgun in the car. If you DO NOT have a carry permit, and are transporting a handgun, are you also required to inform an officer about the gun, if you're pulled over?

Seems like you would. Why should the law be more restrictive on the permit holder than someone without a permit? Just haven't seen where this is addressed.

Tuckerdog1

Here is the Texas statute:
http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm

Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

The statute is very specific that it only applies to a person with a license to carry a concealed handgun. The requirement does not apply to those who have not been issued a license.

Art Eatman
June 27, 2011, 09:46 AM
OP's question thoroughly answered...

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