In the state of Texas

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gladi8tr

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

§ 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.
 
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.
 
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
 
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

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

inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.
 
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
 
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.
 
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.
 
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.
 
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.
 


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.
 
Be careful with this in areas like Houston or Austin.

San Antonio will prosecute you also.


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.
 
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.

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

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.
 


San Antonio will prosecute you also.

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."

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

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.
 
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?

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
 
I'm not sure either but I believe one of the 2007 laws makes it alright to use your florida license until it expires.
 
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.
 
springmom said:
A Texas resident must have a Texas permit.

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.

Texas has signed reciprocal agreements with Florida and Tennessee, allowing citizens with concealed handgun licenses issued by Florida or Tennessee to legally carry concealed handguns in Texas, and vice versa.
 
heeler said:
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??
A motor vehicle is a motor vehicle.
 


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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