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Transporting firearms in Texas

Discussion in 'Legal' started by mister_wilburn, Jun 9, 2007.

  1. mister_wilburn

    mister_wilburn Well-Known Member

    Hey, New to Texas. I have only been here about 2 months now, and despite my best efforts I have been unable to find out what the deal is with transporting my firearms to the local range. My question(s) are as follows:

    1. whats the best way to transport a firearm to a range without having a leo down my throat if pulled over?

    2. does the ammunition have to be separate from the firearm, (note: I never put a loaded gun in a car, ever.)

    3. Does anyone know what the laws on open carry are in Texas? I dont have a ccw yet, looking into that, i need a smaller gun :)

    Right now, i head out to the range about once a week, and i put my shotgun or pistol in its box, unloaded, on the benchseat of my truck, and the ammunition in the back of the truck. My rational is, when the cop shows up, the weapon is unloaded and in plain sight, I ain't going to hide my firearms that seems like suspicious behavior.
  2. Jimmie

    Jimmie Well-Known Member

    Loaded firearm in the car legal if you're "traveling." That was supposed to be the default if you were in the car anytime, certain counties arrest you anyway.

    As of September 1, loaded firearm legal in the car whenever you want. (Note: I always have a loaded gun in the car. An unloaded gun is kinda worthless.)

    No open carry. I've heard there's a penalty for "fail to conceal" even after you have your license. I've never seen that in the penal code.

    DO NOT HAVE A LOADED FIREARM IN PLAIN SIGHT. That's a big no-no. You have to conceal in Texas if it's loaded.
    Last edited: Jun 9, 2007
  3. mister_wilburn

    mister_wilburn Well-Known Member

    Thanks, I can't take a loaded firearm on post, thats a ****storm waiting to happen, and i dont really go many other places, so its easier for me to just keep it unloaded when heading to the range. That is the only place i'll take firearms, other than hunting, again no need for a loaded gun in the truck then either.
  4. Jimmie

    Jimmie Well-Known Member

    Military bases really do cramp CHL style.
  5. griffin22

    griffin22 New Member

    You could look up the regs on the DPS website, or ask some of the people at the range, or ask the city and/or county peace officer folks. The law may be the law, but the local law enforcement guys may not think the law means what you think it means.

  6. PotatoJudge

    PotatoJudge Well-Known Member

    I don't have my TX CHL, but if I'm in a car with guns one of them is loaded, concealed, and in reach. It may make the cops nervous at first, but it's legal. More importantly, it's the gun owner's responsibility to be able to keep their firearms in their posession at all times. Cops are a pretty understanding bunch about this sort of thing once they figure out you're not a criminal.

    Getting carjacked on the way to the range would be bad for so many reasons.
  7. Texas Moon

    Texas Moon Well-Known Member

    It just depends on the mood of the LEO that stops you.
    Generally speaking if you are traveling down the street and an LEO pulls you over and discovers the firearm EXPECT to be grilled about it.
    They may even take the firearm and radio in the serial number to check if it has been reported stolen. If it/you are clean no problem.
    If you are traveling with the firearm and ammo stored separately you shouldn't have too much trouble. Loaded firearms are a no-no.
    Just tell them where you're going. Most of them are pretty good guys.
    In Texas it is legal to transport a firearm to a "sporting activity".
    You're good.

    Where it gets crazy is when you have a loaded gun within reach and no CHL. Just about all LEO's are going to go nuclear on you then.
    Even tho the new law says you can "travel" with a loaded handgun it really doesn't do anything for you out on the side of the road. The Po-Po no likie and will more than likely arrest you.

    There is NO open carry allowed in Texas except on your own property or with permission of the property owner.

    A Concealed Handgun License means CONCEALED only. Accidental or intentional display of a concealed weapon can lead to arrest and loss of the CHL. Again it depends on the LEO and what he feels like doing that day.
  8. jselvy

    jselvy member

    Yes, always submit to unreasonable search and seizure.
    Its for your own good don't ya know.

  9. PotatoJudge

    PotatoJudge Well-Known Member

    That's the opposite of what happened to me. I told the officer that the gun was under the seat with a loaded magazine and empty chamber. He asked if I had any other weapons in the car, and I said I didn't think so. The cop did radio in the SN, but said there'd be no problem if it came back clean.

    This was a couple of years ago when "travelling" wasn't really defined. I happened to be travelling but had just pulled into the outskirts of my hometown (with a local address on my DL, so it wasn't "definitely" travelling). So a cop pulled over this 21 year old male with expired tags on his 95 Olds (had them in the car, hadn't put them on), with a concealed weapon. Short of being black or hispanic there's not much more I could have done to raise suspicions for the "po po," and still the cop was more than cool with me.
  10. Texas Moon

    Texas Moon Well-Known Member

    Like I said, it depends on the officer.
    A different officer in a different city can react different.

    It is good to hear the officer that checked you was a cool with it.

    I once had one practically tear my car apart because he spotted an empty shell casing laying on the floor!
  11. Jimmie

    Jimmie Well-Known Member

    Are you in Houston?
  12. mister_wilburn

    mister_wilburn Well-Known Member

    Im in El Paso. Since I dont have a CHL, I think the best thing to do is just keep the firearm unloaded, in the front seat as always, with a few mags loaded up and inside the vehicle. I dont see any need in having the gun on red status just to go to the range, and if the mags are loaded, im a couple seconds from throwing lead downrange. A couple seconds might be a lifetime, but until I get a CHL or something equivilant, there wont be any locked and loaded weapons in the truck. Peace of mind and all that stuff...The part of MS i was from, well sure was alot easier to get from here to there without any worries.

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