travel and open carry law?

[nastynatesfish]

going to be traveling through souther tx in a week. wondering what the laws are for having a loaded pistol in a vehicle with me? also how about open carry laws. will be in killeen tx from souther arizona. thanks

 

[kingpin008]

Have a look over at www.handgunlaw.us - they've got a fairly comprehensive state-by-state list of the info you seek.

 

[Sam1911]

And www.opencarry.org for the other half of your question.

Unfortunately, TX is not a good place for that.

 

[hirundo82]

To put it briefly, you are allowed to have a loaded handgun in your vehicle in Texas if you can legally own firearms and the handgun is concealed.

No open carry in Texas; hopefully that will change at some point.

 

[nastynatesfish]

Thanks for the links and info. So long as im legal

 

[Quiet]

Open carry is not legal in TX.
But, you can have a loaded handgun stored in your vehicle's glove/utility compartment.



TX and NM honors the AZ CCW permit, so if you have an AZ CCW permit, you can carry concealed from AZ to TX.

 

[bcp280z]

I've also been pondering something along these lines, was going to make a thread but it's about the same, I appologize if I'm "hijacking"

I work for the army in Mississippi but my perm residence is in Florida, so I frequently travel in between MS, AL, FL. I know MS is pro open carry and FL is not totally unsure of Bama. But I typically ride with my 38 in the left door pocket or cross draw on me via bellyband (it's usually under my shirt) then I have a 410 pistol between the center console and passenger seat with the grip visible. (easy access/warning)

So generally speaking in the South, can I ride with a gun visible in my car with ccw legally? Haven't gotten in trouble yet and it did help one night in Mobile but being new ccw/gun owner/ 21, rather be in the right.

 

[nalioth]

Open carry is not legal in TX.
But, you can have a loaded handgun stored in your vehicle's glove/utility compartment.

. . . or under a newspaper on the seat next to you
. . . or under an article of clothing on the seat next to you
. . . or wrapped in a newspaper on the dashboard
. . . or under the seat
. . . or next to the seat in the door map pocket (if your car has one)
. . . or under your hat
. . . or in your coat pocket
. . . or in a shoulder holster under your coat
. . . or in an IWB holster under your shirt
etc, ad nauseum

The law says the pistol must be concealed. We don't have a "glovebox" or "lockable container" law here in Texas like they do in some other states.

 

[Sam1911]

so I frequently travel in between MS, AL, FL. ... So generally speaking in the South, can I ride with a gun visible in my car with ccw legally?

There's no need for, or safety in, "generally speaking," when it comes to gun laws.

Again, read the states' pages on www.handgunlaw.us, and on opencarry.org. They really spell it all out. You have to know what the law is -- exactly -- in each state.

 

[DKSuddeth]

nasty, Texas prohibits the carry of a handgun....period. It does allow for concealed carry with a license 46.035.

however, and this is a grey area depending upon what area you might be in.

46.15 exempts you from the 46.02 prohibition if you are traveling. There is no telling how law enforcement is going to handle any confrontation with you though. I've heard that some will let you go once they have read the exemption for themselves, yet others will arrest you anyway and let the courts sort it out.

At this time, you'd be taking a risk open carrying. We can't even be sure that the courts would follow the exemption law anymore.

 

[nalioth]

nasty, Texas prohibits the carry of a handgun....period. It does allow for concealed carry with a license 46.035.

however, and this is a grey area depending upon what area you might be in.

46.15 exempts you from the 46.02 prohibition if you are traveling. There is no telling how law enforcement is going to handle any confrontation with you though. I've heard that some will let you go once they have read the exemption for themselves, yet others will arrest you anyway and let the courts sort it out.

I think you need to catch up to current events.

As of September 2007, you can carry a handgun in a vehicle under your control in any fashion you like, so long as it's concealed. No "traveling" required.

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.
(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.
(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.

The law

Please stop referring to laws that no longer exist.

 

[Art Eatman]

Answers given, and quite adequately.