Texas:handgun in car

[JJ Waco]

Is it legal for one to carry a loaded handgun in one's car in the state of Texas without a CHL? Thanks in advance.
-JJ

 

[AKElroy]

Yep.

 

[walker944]

Yes! The law passed back in 2005. The handgun must be concealed, and abide by a few other non-criminal actions. But, the long and short of it is yes!

 

[JohnKSa]

You must possess it legally and it MUST be concealed. Concealed on your person is acceptable as long as you don't get out of the vehicle with it on your person unless you're walking directly to your residence from the car.

You may not be engaged in any crime above the level of a Class C misdeameanor (typical ticketable traffic violation). If you're stopped for anything that would normally warrant an arrest (DWI, reckless driving, etc.) you will be charged for possessing an illegal carry weapon if the weapon is discovered, in addition to the other charges.

 

[bdickens]

Texas law has never made any distinction between loaded and unloaded.

 

[ETXhiker]

The way I understand it, you may carry while "traveling." The law was changed a couple of years ago to redefine traveling as almost any time you get in your car. However, the law change is described as a "defense against prosecution." Meaning, apparently, that you might still get hauled down to the police station while they check you out. I feel much better just to have my CHL and not have to explain anything.

 

[dogtown tom]

ETXhiker The way I understand it, you may carry while "traveling." The law was changed a couple of years ago to redefine traveling as almost any time you get in your car. However, the law change is described as a "defense against prosecution." Meaning, apparently, that you might still get hauled down to the police station while they check you out. I feel much better just to have my CHL and not have to explain anything.

Not quite.
The current law does not redefine "traveling"..........it eliminates it and there is not "defense to prosecution" clause.

PC §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 or watercraft 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 or watercraft 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 or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water;

 

[peyton]

Yes you can, however you can not do this on federal property ( I work on an Army post).

 

[Bartholomew Roberts]

Just to clarify a tricky part of Texas firearms law, the "travelling" exception is still codified in statute under Section 46.15 (b)(2) of the Texas Penal Code which covers when Sections 46.02 and 46.03 are non-applicable.

So you can still claim travelling as a defense to prosecution in addition to any protections offered by the 2007 rewrite of Section 46.02 to allow carry of a handgun in your vehicle.

The history behind this is that for decades, there has been a "travelling" exception in Texas regarding loaded handguns. However, the case law around that exception is very vague and some jurisdictions (Harris County) were taking the position they would arrest and charge everyone and a jury could sort it out.

In 2005, the Texas legislature rewrote the statute making it clearer that they intended that law-abiding citizens could carry a loaded gun in their car. However, they made it a "defense to prosecution" which meant that places like Harris County can and did continue to arrest people and charge them. The legislature met again in 2007 and wrote the statute that dogtown tom cited to eliminate that problem; but they never removed the older language regarding travelling.

The result is you can still claim the travelling exception in addition to any other legal rights you have. The downside is that even lawyers and judges don't agree on what the travelling exception is entirely (Baylor Law Review devoted an article to this a while back). So, if you have to fall back on travelling exception as a defense, chances are good your responding officer is not an avid reader of the Baylor Law Review and may not be familiar with the nuances.

 

[bdickens]

The bottom line is that if it is legal for you to have the handgun, it is legal for you to carry it in your car as long as it is concealed.

 

[wxl]

And the Texas travel law applies to the driver only. If it is your gun and your wife.GF or buddy is driving (say relief driver), the driver should claim the gun.

 

[Deltaboy1984]

Get a CCW and Don't worry about it.

 

[Art Eatman]

Opening question has been pretty well answered...