Car Carry in TX without CHL

I would not rely on my memory of it, but as a CHL holder in Texas, I do remember some of the discussion.

The gist of the history (as I remember) was that here in Harris county one of the local DA's was taking a very strict view of non-chl holders transporting there guns to and from the practice range under the traveler clause in the law. He basically viewed it that any deviation from directly to and from the range (like getting gas) was a violation of the clause and was prosecuting folks. The legislature stepped in and declared that a car is an extension of your house so you can carry in your car essentially without a license.

So that is my memory of it, but I STRONGLY suggest you read the TX-CHL law book that is a PDF for the test. I am sure it is covered in there but I tend to gloss over those sections as they don't apply to me as a CHL holder.

https://www.txdps.state.tx.us/internetforms/Forms/CHL-16.pdf

Read up and draw your own conclusions or consult a lawyer please. Don't rely on my memory.

No, you do not have to volunteer that info as your vehicle is now an extension of your home.

Also, the the "travelling" requirement was removed:

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.

Vehicle carry in TX is one area of law where it is actually better not to have a CHL. Say you have a glass of wine with lunch/dinner, your okay if your not a CHL holder. Unacceptable if you are.

I am a long time CHL holder so take my advice with a grain of salt.

I personally would inform if the gun is stored in an area you are likely to be digging for your Insurance papers, etc.

I know with a CHL in TX you are require to verbally disclose to a LEO that you are armed if stopped for a traffic violation but does this still apply for someone without a CHL keeping a loaded handgun in the glove-box? Common sense tells me 'yes' but I couldn't find anything specific other than related to having a CHL.

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No, but bear in mind that most troopers will ask, CHL or not, if you have a gun in the car. Don't worry - they won't freak if the answer is yes. They just wanna know.

Don't lie.

tarosean,

You may drink while carrying if you have a CHL, provided that you are not intoxicated. Same rules as driving a car.

You may not even carry into a place that derives 51% or more of its income from booze, i.e., a bar.

Correct, you can drink while carrying, however there is nothing that specifies limits, such as legal driving limits BAC. Good or bad, it is to the discretion of the law. Basically, drink in strict moderation when carrying and don't be stupid.

tarosean,
You may drink while carrying if you have a CHL,

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Currently there is NO MINIMUM LIMIT for intoxication under CHL law.

Pretty much 0.00% or leave it to the discretion of your LEO.

I take the 0.00 approach and I am one who likes to partake in a drink.

Travel, gun laws....

To keep up to date or on top of ang major changes, Id check: www.handgunlaw.us . Other good resources include www.NRA.org www.gunlawguide.com .

New ordinances or laws might change often.

It has been pretty well covered but:

1. You can carry under Sec. 46.02(a)(2) without a CHL
2. You are not required to give notice to LEOs while carrying in that manner. CHLs are still required to give notice; but the legislature removed all penalties for failing to give notice a few sessions back.
3. The travelling exemption is still a part of Texas law and can be relied on in addition to Sec. 46.02(a)(2); however since the rules for that are still a gray area and defined only by somewhat conflicting case law, the smart move is to stick to 46.02(a)(2).

Recently I was on the road in Texas and was stopped by DPS for a headlight out. When the trooper came to my window I presented him with my CHL and DL, and he just looked at the CHL and handed it back. I informed him that my insurance papers were in the console and that I had a pistol in there, and how did he want to proceed. He said go ahead and get the insurance form, which I did. He saw the pistol, in a holster, and he commented "Looks like it's well wrapped" and that was that.

No, Texas troopers don't get too concerned with CHL holders having guns in the car. Local police may be different, but then I haven't had an interaction with one of them in many years.

My take is that it's better to inform, and then if they happen to see a gun they aren't surprised by it.

If you're not actually acting intoxicated or "impaired," law enforcement really doesn't care about you. The only reason they might is if they saw you drinking, or smelled booze on your breath, and there was a problem, like speeding, or fighting. If there were a problem, the first step might be a field sobriety test, which, if you aren't impaired, you should pass. If you do flunk a BAT you're hosed. Every person needs to know his or her limits. If you think that having just one drink might put you in jeopardy, don't have that drink.

And yes, by all means be forthright with LE during any traffic stop.

Originally posted by Bartholomew Roberts:

The travelling exemption is still a part of Texas law and can be relied on in addition to Sec. 46.02(a)(2


Can you tell me where this information is given? I am not able to find it and I was under the impression that it was deleted.

Thanks in advance.

Km101 - You are correct. The "travelling" portion of the law was deleted when it became legal to carry a loaded handgun in a vehicle regardless of where you're coming from or going to.

The "travelling" deal was based upon court precedent and was never actually in any written law. It's now a part of the law.

The legislature got POed at the Houston DA and slapped him down with the travelling thing. He did not get re-elected.

I can't find any instances in which the words "travel" and/or "traveling" are used with respect to having a loaded gun in the car in the TX Penal Code (2014 version).

IDK; Art is rarely wrong so maybe I'm not looking in the right place.

I'm probably going by legislators' comments more than from reading the actual phrasing of the current law. The attitude behind the law seemed to be, "If you're in your car, you're travelling." The old-days definition of "out of one's home county, overnight" has gone away.

Art Eatman said:

The "travelling" deal was based upon court precedent and was never actually in any written law. It's now a part of the law.

The legislature got POed at the Houston DA and slapped him down with the travelling thing. He did not get re-elected.

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Yep that DA back in private practice. It is nice when we toss these anti gun folks out of office.

km101 said:

Can you tell me where this information is given? I am not able to find it and I was under the impression that it was deleted.

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The "traveling" exemption is still described in the Texas Penal Code Sec. 46.15 (b)(2) under "Nonapplicability." Although, as I mentioned earlier, it still is not defined by statute. So you must look at somewhat contradictory case law and guess how it will be interpreted. That aspect of the law caused the legislature to update Sec. 46.02 (a)(2) and specifically say you could carry a concealed handgun in a vehicle or watercraft.

The important part is those are two separate legal defenses.

Art, the old days definition was never specified in the code, hence the problem. It changed as attitudes of LEOs and DAs changed in a given area. I was told by my dad that Traveling was "overnight across three or more county lines" but I heard other definitions as well. The reason I got my Texas CHL was specifically because of the ambiguity of the traveling exemption in the Texas Penal Code. There was no definition for traveling; any jurisdiction could basically make their own definition. When I moved to SE Texas, locals told me that the county judge in Hardin County where I was staying in the late 1990s basically stated that anyone driving through his county with a handgun and no CHL was going to be arrested. I'm glad the legislature changed the law.

I still have my copy of the 1993-94 Penal code that I got in college (wow, lots of changes to Section 46 since then). Section 46.02 - The Unlawful Carrying of Weapons - is followed by Section 46.03 - Non-Applicable. I will not type the entire section entry but "Traveling" is listed as item No. 3:

46.03 NON-APPLICABLE

(a) The provisions of Section 46.02 of this code do not apply to a person:

1.
2.
3. Traveling;

It is a one word entry with no definition.

Not to divert but the reason we got the CHL bill was that car carry seemed pretty useless for Dr. Gratia-Hupp at the Kileen Luby's rampage.

I cannot understand, given the ability to carry, that folks want a car gun only.

Not to be blunt, but don't stop at Lubys. Killeen is between Austin and Plano.

Dr. Gratia-Hupp's parents died in front of her. Car gun - so what.

Agree, but I think that for the sake of accuracy, the Killeen Luby's closed in 2000.