Texas Unlicensed Carry

[broknindarkagain]

I took this straight off the Texas DPS web site...

From my understanding of it, it says you can CC without a CHL in your vehicle or in rout to your vehicle...

What do you guys think?

H.B. 1815 Traveling & Unlicensed Carry
• Allows the unlicensed carrying of a concealed handgun inside or directly en route to the person's motor vehicle.
Amends Section 46.02, Penal Code to add Subsection (a-1) and (a-2):
(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.
Rev 09/14/07
(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.
Amends Section 46.15(b): In pertinent part:
(b) Section 46.02 does not apply to a person who:
(2) is traveling:
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor’s residence or motor vehicle, if the weapon is a type commonly used in the activity....
Repeals Section 46.15(h), Penal Code (defining 'recreational vehicle' as a residence) and Section 46.15(i) (the "traveling presumption").

[DefensiveCarry.com]

[NCHornet]

Be very careful about getting legal advice off a internet forum. If you don't have a CHL make the investment and get one. I wouldn't rely on a "loop hole" in the law for something like this. If you still want to persue this contact your local Police Chief or Sheriff and ask them because they are the ones you will be dealing with if things go bad.
Good Luck

[libertarian5]

Texas if fairly clear on the subject - It is ok to carry concealed in a car without a CHL. It used to be that you had to cross multiple county lines to prove you were traveling, but that has been recently changed. Open carry is not allowed - the gun must be hidden from view. Look at this online reference at the Texas DPS web site. It has information on unlicensed car carry.
http://www.txdps.state.tx.us/adminis...ds/chl/faq.htm

[farronwolf]

Yes, you can carry a handgun concealed in your vehicle if your on a journey. What has recently changed is that the proof of the journey or lack of journey is on the State of Locality, and not on the individual.

So, basically, if your taking a trip you can carry a handgun with you and be legal. Now, whether that trip is to the local walmart is a great big area for discussion.

My suggestion is if you have a desire to carry a handgun, then get your CHL and carry it all the time.

[mousehunter]

The state changed the law a couple years ago, but liberal DA's did not care - they prosecuted anyway (basically saying that it was up to the jury to decide if travel was travel - even after the legislature defined travel.

So the legislature tried to clean up any ambiguity last year - will see if the DA's still ignore the law.

That said, it is against federal law to have an unlicensed pistol in a school zone - try to drive anywhere in Texas without occasionally being in a school zone. Once the federal law is broken, that in turn changes the carry to while conducting illegal activity - then it is once again against Texas law.

Permits are less necessary, but still a good thing to have in Texas.

[mcp1810]

That is what the law says, but as I understand it DA in Harris county (Houston area) has told the sheriff to arrest and charge and they will let the jury decide.

[JoshL]

Head on over to the Texas CHL Forum some time and you can find lots of discussion on this and other Texas specific issues:

http://www.texaschlforum.com/

[The Fish]

[QUOTE=mousehunter;507492]

That said, it is against federal law to have an unlicensed pistol in a school zone -

Is this true?
Even in a school ?
Not just in a school itself.

[tns0038]

Florida has a similar law, regarding transporting a firearm, and as long as it’s in your glove box, or trunk it’s legal. Have it on ya, or under your seat and you get stopped your going to jail. So why take the chance, get your concealed weapon license.

[rachilders]

[QUOTE=The Fish;507573]

That said, it is against federal law to have an unlicensed pistol in a school zone -

Is this true?
Even in a school ?
Not just in a school itself.

Schools are a STATE run agency and it's what the individual state has decided as to whether you can have a weapon on school property or not. In Texas, you can't carry into a school building, but the law was changed a few years ago and you can now have a gun in your vehicle while on school grounds as long as it's out of sight. Just leave the gun locked in your car (do NOT take a firearm into a school building here or you WILL be talking to the boys in blue and experiencing the hospitality of their local jail!!!) and there will be no problems. Makes it a lot easier when you pick-up your kids at school or attend a parent/teacher event.

While we're on the subject of schools and guns, I believe there is still a law about discharging a firearm within a certain distance of a school. I think it's several hundred yards, but I don't remember the exact distance. It's primarily for hunters, but applies to anyone with a gun near school grounds.

[P7fanatic]

The state changed the law a couple years ago, but liberal DA's did not care - they prosecuted anyway (basically saying that it was up to the jury to decide if travel was travel - even after the legislature defined travel.

That said, it is against federal law to have an unlicensed pistol in a school zone - try to drive anywhere in Texas without occasionally being in a school zone.

If that's the case then stay out of Travis County. It's got the most or one of the most liberal DA's in the state.

mousehunter-
What do you mean by an 'unlicensed pistol' in Texas?

[broknindarkagain]

Wow, this sparked up quite the conversation. haha

I'm in the process of getting my CHL, but I wouldn't mind having my pistol on me a little to get use to concealing it...I think to and from my truck and in my truck would be a good start.

[M2]

mousehunter-
What do you mean by an 'unlicensed pistol' in Texas?

Good question, as there is no such thing as a 'licensed pistol' in Texas. We are not required to register firearms in this state. People are the ones that can be licensed, e.g. hold a CHL.

As for the new law, yes you can keep a concealed handgun in your car, place of business or home, or the direct route between any of the three; and all are treated the same. And it may be within reach, but it must be concealed.

And you may take any handgun onto school property as long as it remains concealed and you do not enter any buildings or sports facilities with it.

But as stated, anyone considering carrying a weapon in Texas should know Texas Handgun laws firsthand, which are readily available (along with other good-to-know info, from the DPS web site.

And mcp1810, if that is truly the attitude of the Harris County DA, then he/she is setting himself/herself of for a lot of civil lawsuits. A DA cannot advocate ignorance and advise police officers to act outside of what they know is the law. The new laws removed a lot of the ambiguity county DAs used to hide behind, so attitudes such as this will be less common.

Cheers! M2

[lws380]

I thought I read somewhere that (in Texas) non-CHLers are not required to disclose to LEO if stopped. However, CHLers are required to disclose if carrying. If true, that seems stupid to me. Can anyone else confirm if that is true?

[broknindarkagain]

In TX if you are a CHL holder, when you're pulled over you have to hand over your CHL card w/ your DL. If you don't, when they run your license they will find out you are a CHL holder....Yes, there is a law saying if your a CHL holder you have to tell them by handing your card over with your license.

As far as non-CHL people, I'm not sure about that. I've heard the same thing, but I would still tell the cop that I was packing. When I was 18 I got sh*t from a cop cause I didn't tell him I had a knife on me. The knife wasn't illegal, but he gave me hell for not telling him.