Car Carry in CO, NM, TX

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chorlton

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Last year I asked the DPS in each state if it was legal to keep a loaded weapon in the glove box of my vehicle. Only NM actually seemed happy to allow this, although none said "no". My memory is a little fuzzy - I seem to remember the "travelling" law allowed this, whether driving on a long trip or not, but was this just for Texas? Also, I wanted to check to see if anything has changed. This is for a non CHL holder (I know...).
Long story short - I would like to have a copy of the relevant laws (assuming it is legal) available during a traffic stop. If anyone could advise or point me in the direction of the laws I need to print, I would appreciate it!
 
I drive that way through all 3 states to the inlaws. I've got CHL to cover me, but I printed off all three state laws for my wife to keep in the car when she makes the drive alone and she's got a pistol. Yes, you can keep a loaded gun in the car accessible in those three states. If nobody posts the applicable laws for you, I'll get them in a day or two.

Disclaimer: I'm not a lawyer, I just read the laws.
 
Relevant code for Texas:

§ 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.
Click to expand...
 
Yes, you can keep a loaded gun in the car accessible in those three states. If nobody posts the applicable laws for you, I'll get them in a day or two.
Click to expand...

Jimmie is correct.
Colorado: loaded handguns anywhere in the vehicle.Long guns must be unloaded.Unloaded in Colorado means the chamber only.The magazines may contain live rounds.
New Mexico :concealed loaded firearms anywhere in the vehicle.
Texas :concealed loaded firearms anywhere in the vehicle.
See this site for each state laws.

http://www.handgunlaw.us
 
I'm pretty sure that Texas is the only state of the three that requires they be concealed.

Carry (loaded) in the car is not allowed without a permit within the city (People's Republic of) Denver.

I forgot to mention that in Texas there are no laws governing the carry of long guns in the vehicle; they can be transported accessible or inaccessible, loaded or unloaded, concealed or unconcealed as you desire. Of course law enforcement may get nervous about a loaded rifle sitting on the seat next to you but it is legal (although in rural areas a loaded long gun in a gun rack should be no problem).
 
There is no law against having a handgun in your vehicle in NM. Vehicles are considered an extension of your home so you can keep the gun anywhere you want in the car.
 
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I could be wrong, but I don't believe NM requires it to be concealed in the vehicle. I've pasted our NM statute below. Maybe there is another statute that requires concealment, but I have not heard of it.


30-7-2. Unlawful carrying of a deadly weapon.
A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:

(1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;

(2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;

(3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978];

(4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or

(5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].

B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.

C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.
 
bitmonty,you may be correct.I got this from the NM Dept of Public Safety:

New Mexico has an extended domain law. Vehicles are considered an extension of your home,
anything you can do in your home, you can do in a vehicle in New Mexico.
From the Department of Public Safety FAQ.

Q. I will be traveling through New Mexico in a private automobile, are there any laws that
address the issue of having a gun in my automobile?
A. New Mexico law allows a person to have a concealed loaded firearm in his/her vehicle
(including motorcycles and bicycles). If you are not licensed to carry concealed in this State, you
may not have the weapon concealed on your person when you exit your vehicle or motorcycle.

I hope you are correct.It makes it easier to travel with a firearm in NM.
 
It's interesting to note Colorado's stand on long guns. As stated previously, in Texas, a long gun can be loaded and sitting right next to you. Gotta love that.

Of course law enforcement may get nervous about a loaded rifle sitting on the seat next to you but it is legal (although in rural areas a loaded long gun in a gun rack should be no problem).
Click to expand...

I got pulled over by the DPS on the way to the lease and had a rifle right next to me. Trooper asked if I was going hunting. Said yes. He said 'Cool, slow down a little'. :)

Wet Texas. Location, location, location. Plus, the DPS knows the law and tends to act accordingly. City cops I'm not so sure of, especially easterners like those in Dallas and Houston. ;)

I think Texas finally got it right with the 2007 rewrite of the pistol law. The 2005 law was pretty vague, and a few big city DAs openly stated they would 'let the courts sort it out'. Certainly not hte intent of the legislature, thus the 2007 version. Personally, I'd like to see Vermont Style make it's way to the Lone Star State, but this will do for now.
 
From news accounts and postings on other forums, Harris County (Houston) and Dallas County have DAs that seem to still be ignoring the new 'concealed in the car' law. Some LEOs in these areas have reportedly been instructed by DAs to seize handguns and charge the drivers. (Not being anti LEO...it seems they are doing what they are instructed to do)

I never worry about my GF (how does not have a CCW) driving around in Fort Worth my pistol in the car, but I repeatedly warn her to stay out of Dallas County.
 
NAK said:
From news accounts and postings on other forums, Harris County (Houston) and Dallas County have DAs that seem to still be ignoring the new 'concealed in the car' law.
Click to expand...
Not since 2007 (at least not in Harris County that I've heard of).

The law was changed because those DAs were acting in such a fashion.
 
Texas Laws

Seen the posts here about Texas laws...But if you live here and travel here you should know that some local county atty's are ignoring state statute. You may have your firearms confiscated and have legal problems, even though you are in the right.Check into this in more detail than I can give before you come or travel here with a weapon.......
 
I'm with bltmonty on this one, I've never heard that the firearm needs to be concealed in your car in NM. If its inside your vehicle you can have it wherever you want by my understanding.
 
In Louisiana the car is an extention of your home, in 1997 Louisiana passed a law the will allow you to shoot the car jacker,you can carry a weapon on your seat next to you,but if you get stop,Please tell the LEO that you have a weapon on your seat
and wait for instructions.You can put the weapon anywhere you want in your car because it is an extention of your home that's here in Louisiana
Oh by the way that bill passed 93-3
in the house and 34-0 in the Senate.
What produced the law? The rape and murder of a young girl by carjackers on the eve of Mardi Gras was one factor. Another was what happen to Miss Louisiana The thief stold her car,gowns and her crown and thousands of dollars and was never caught.The lady's name was Erika Schwarz.well thats for Louisiana.
 
I just did my requal in NM so this is fresh in mind.

NM considers your car extended domain. Carry loaded, unloaded, open, concealed, naked, whatever.

Well, they might take exception to the naked part. But you get the idea.

Best,
Rob
 
NM considers your car extended domain. Carry loaded, unloaded, open, concealed, naked, whatever.

Well, they might take exception to the naked part. But you get the idea.
Click to expand...

I get it.
I'm converted.:D
 
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