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In the state of Texas

Discussion in 'Legal' started by gladi8tr, Apr 9, 2008.

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  1. gladi8tr

    gladi8tr Member

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    How is it going i just moved to texas and i have read the gun laws but need a little reasurrance, the question is In the state of Texas is it legal to carry a handgun in a vehicle if it is concealed without a ccw. I have read it and i think so. so if anyone can help it would be much appreciated also i am going to get a ccw but for the time being i would like to carry in my vehicle. thank you
     
  2. doc540

    doc540 Member

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    Yes, as of 9/2007 you can carry a concealed handgun in your car w/o a CHL.
     
  3. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Yes it is legal. It does need to be concealed.

     
  4. Elza

    Elza Member

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    Welcome to Texas!

    Yes, it is now legal. However don’t be too surprised if you get hassled about it if a cop finds out. It isn’t a huge problem but it can happen.
     
  5. gladi8tr

    gladi8tr Member

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    if i read it correctly did it say that the car is now considerd part of the castle and you dont have to be actually travelling now, like the old law and thank you for the welcome i love it here
     
  6. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Yeah it's VERY clear now. Don't confuse this with the Castle Doctrine stuff. Different law.

     
  7. gladi8tr

    gladi8tr Member

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    thank you the clarification is much appreciated alot of people are telling me that it you need to be actually traveling but i read it and from what it looks like you can just be in your vehicle
     
  8. nalioth

    nalioth Member

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    It took them several tries, but the law now reads the way it does because of some overzealous DAs.

    The law has always said "traveling", but the aforementioned DAs wanted you to be 'traveling by their definition'.


    Last I looked, you can 'travel' from your house on the corner to the convenience store on the next corner, or the grocery store, or 5 states over. The new law clearly spells out where it is legal.
     
  9. Elza

    Elza Member

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    Texas used to have some arcane laws regarding the carrying of a gun in your car. They revolved around the ‘traveling’ requirement. They tried (unsuccessfully) to define what ‘traveling’ actually meant on several occasions. They finally did it the smart way and did away with any ‘traveling’ restrictions as of Sept 07. In your vehicle and out of sight is legal. Period.
     
  10. CatsDieNow

    CatsDieNow Member

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    Be careful with this in areas like Houston or Austin. Several DAs are on record saying that they will ignore the law and try to prosecute you anyway. :cuss:

    You will probably beat the rap, but not necessarily the ride.
     
  11. ashtxsniper

    ashtxsniper Member

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    San Antonio will prosecute you also.
     
  12. RiveraRa

    RiveraRa Member

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    Also note that as soon as you step out of your car you are no longer allowed to carry concealed. So if you stop in a store you better leave it in the car.
     
  13. csmkersh

    csmkersh Member

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    Yes, the Harris County DA (Houston) has been a source of problems over licensed carry and "traveling" for years. The good thing is he's in trouble with the law right now himself. He resigned saying prescription drugs made him do "it."

    Both the Austin DA and Chief of Police have been problems over the years as well.
     
  14. TexasRifleman

    TexasRifleman Moderator Emeritus

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    That was before Sep 07. The incidents that lead to these stories happened before the last revision to the code.

    Now that the entire traveling thing is gone there is nothing but a lawsuit waiting for any DA that attempts to prosecute now.

    You can't cite a single case where what you have posted here has actually happened.
     
  15. K3

    K3 Member

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    To echo TexasRifleman, those statements were made PRIOR to the new law that went into effect in 9/07. They were in response to the previous attempt at revision which was still unclear and open to interpretation.
     
  16. csmkersh

    csmkersh Member

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    No they won't. DA Susan Reed knows and follows the law. Several years back she refused to prosecute a man who shot and killed a chicken thief at night.

    That's not saying you won't be arrested. There's an old cop saying, "You may beat the charge but you won't beat the ride."

     
  17. springmom

    springmom Member

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    Welcome to Texas. Now that you're here, sign up for, and get, your concealed handgun license (CHL) and you won't have to worry about it. In the meanwhile, yes, you can carry in your car.

    Except....

    ...if you are otherwise not allowed to have a gun (felony conviction, under 17)
    ...if you are on your employer's property and they do not allow it in the car (IOW, the state law does not force an employer to allow you to carry in the car against their own policy)
    ...it can't be in someone ELSE's car
    ...and don't leave it, and a child under 17, in the car together unless it is in a locked container.

    IOW, it doesn't set aside other laws regarding firearms in Texas.

    Springmom
     
  18. phantomak47

    phantomak47 Member

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    Ok , lets mix it up a bit. I plan on getting a Texas permit in the future, time and commitments have delayed me getting one.

    I do have New Hampshire, florida and Penns permits, with the Florida permit allowing me to carry in Texas.


    I have talked to several people who have told me that even though people have here and on other boards that I am a member of said that a Texas resident cannot use a Florida permit to carry, there is no law stating this.


    Thoughts? Can I carry with my Florida permit?
     
  19. mec

    mec Member

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    In fact, the willingness of those monkeys to ignore the intent of the legislature is what lead to the precise language of the law passed in 2007. The same legislative session passed a bill that protects confidentiality of chl records. You an probably thank Canon USA for that one. They had threatened their employees with dismissal if they failed to report that they have Concealed handgun licenses or any changes in their license status. Of course, they forbid any gun carry on their property but also wanted to intrude on their employee's lawful activities away from work.

    Right after the law went into effect in 1996, the Texas Liquore control board director, a democrat appointee of Anne Richards. declared that, contrary to clearly stated law, it would remain illegal on a felony level to carry anwhere alcoholic beverages are sold-liquor stores, convenience stores and grocery stores. The legislature came back and clarifled this too and gave the idiot some extra work determining which TABC licensees actually derived the majority of their business from selling alcohol for on premises consumption. This gave him something to do besides trying to play legislator.

    Local and state government agencies posted their premises against armed citizerns and the legislture took that one away from them too. they can keep their own employees disarmed bu not the general (licensed) public.
     
  20. springmom

    springmom Member

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    I'm not sure I understand the question. You are a Texas resident who has a Florida permit, and you want to know if you're ok with that?

    I would call DPS in Austin and ask them. I *think* but am not sure, that you have either 30 or 60 days to get the Texas permit. If you've been living here for longer than that and "just haven't gotten around to it", and if you have Texas license plates on your car and a Texas driver's license, you are going to be in some trouble, assuming you're ever asked for the license, of course.

    A Texas resident must have a Texas permit.

    Springmom
     
  21. mec

    mec Member

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    I'm not sure either but I believe one of the 2007 laws makes it alright to use your florida license until it expires.
     
  22. heeler

    heeler Member

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    I travel a lot by motorcycle.
    Since it is a legal motor vehicle do you think it would be a problem while it is concealed in my tankbag or saddlebags??
    I do it anyway because i do a LOT of long distance trips.
     
  23. TexasRifleman

    TexasRifleman Moderator Emeritus

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    You're gonna have to show a statute for that one. I've never seen or heard any law regarding that at all.

    Unless you can show us a statute otherwise I'm gonna say that's incorrect.

    Read the reciprocity agreement with Florida:

    http://www.txdps.state.tx.us/director_staff/public_information/pr090700.htm

    It does not limit reciprocity to Florida residents.

     
  24. nalioth

    nalioth Member

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    A motor vehicle is a motor vehicle.
     
  25. csmkersh

    csmkersh Member

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    Texas Transportstion Code 541.201. VEHICLES, defines a motorcycle as a motor vehicle. Texas PC 46.02 will apply this same definition.
     
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