Texas Unlicensed Carry

Texas Unlicensed Carry

This is a discussion on Texas Unlicensed Carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; 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 ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 25

Thread: Texas Unlicensed Carry

  1. #1
    Member Array broknindarkagain's Avatar
    Join Date
    Apr 2007
    Location
    USA
    Posts
    462

    Texas Unlicensed Carry

    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?

    Quote Originally Posted by http://www.txdps.state.tx.us/administration/crime_records/chl/LegisChangesCHLStatute07.pdf
    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").
    "The only thing necessary for the triumph of evil is for good men to do nothing."

    Smith & Wesson M&P9c


  2. #2
    VIP Member Array NCHornet's Avatar
    Join Date
    Dec 2006
    Location
    Mt Airy, NC
    Posts
    2,156
    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
    When Seconds Count, The Cops Are Just Minutes Away!!
    Carry On!
    NCHornet

  3. #3
    Member Array libertarian5's Avatar
    Join Date
    Oct 2007
    Location
    4 Corners
    Posts
    357
    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

  4. #4
    VIP Member Array farronwolf's Avatar
    Join Date
    Aug 2006
    Location
    Texas
    Posts
    4,828

    Yes you can

    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.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
    www.ddchl.com
    Texas CHL Instructor
    Texas Hunter Education Instructor
    NRA Instructor

  5. #5
    Member Array mousehunter's Avatar
    Join Date
    Aug 2007
    Location
    Texas
    Posts
    165
    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.

  6. #6
    VIP Member Array mcp1810's Avatar
    Join Date
    Jan 2007
    Location
    Texas
    Posts
    5,070
    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.
    Infowars- Proving David Hannum right on a daily basis

  7. #7
    Member Array JoshL's Avatar
    Join Date
    May 2007
    Location
    Lubbock, TX
    Posts
    32
    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/

  8. #8
    Senior Member Array The Fish's Avatar
    Join Date
    Aug 2007
    Location
    West Palm Beach, Florida
    Posts
    703
    [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.
    " Keep On Packin' On The Bimah"

  9. #9
    VIP Member Array tns0038's Avatar
    Join Date
    Oct 2007
    Location
    Florida
    Posts
    2,169
    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.

  10. #10
    Senior Member Array rachilders's Avatar
    Join Date
    Apr 2005
    Location
    Longview, TX
    Posts
    932
    [QUOTE=The Fish;507573]
    Quote Originally Posted by mousehunter View Post

    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.
    "... Americans... we want a safe home, to keep the money we make and shoot bad guys." -- Denny Crane

  11. #11
    Distinguished Member Array P7fanatic's Avatar
    Join Date
    Jun 2007
    Location
    Texan in NWFlorida
    Posts
    1,588

    Cool

    Quote Originally Posted by mousehunter View Post
    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?
    "The price of freedom is eternal vigilance." -Thomas Jefferson

    "Liberalism is a Mental Disorder." -Michael Savage

    GOOD Gun Control is being able to hit your target! -Myself

  12. #12
    Member Array broknindarkagain's Avatar
    Join Date
    Apr 2007
    Location
    USA
    Posts
    462
    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.
    "The only thing necessary for the triumph of evil is for good men to do nothing."

    Smith & Wesson M&P9c

  13. #13
    M2
    M2 is offline
    Member Array M2's Avatar
    Join Date
    Nov 2006
    Location
    Texas
    Posts
    320
    Quote Originally Posted by P7fanatic View Post
    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

  14. #14
    Member Array lws380's Avatar
    Join Date
    Mar 2007
    Location
    texas
    Posts
    233
    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?

  15. #15
    Member Array broknindarkagain's Avatar
    Join Date
    Apr 2007
    Location
    USA
    Posts
    462
    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.
    "The only thing necessary for the triumph of evil is for good men to do nothing."

    Smith & Wesson M&P9c

Page 1 of 2 12 LastLast

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Unlicensed occupant using gun in SD
    By Handgunner in forum Home (And Away From Home) Defense Discussion
    Replies: 20
    Last Post: March 16th, 2010, 03:46 PM
  2. Unlicensed carry on grounds of Apartment Complex in Texas??
    By MaleNursePX4 in forum Concealed Carry Issues & Discussions
    Replies: 5
    Last Post: February 27th, 2009, 02:54 PM
  3. Unlicensed Carry In Las Vegas, Nv
    By VegasSIG in forum Concealed Carry Issues & Discussions
    Replies: 25
    Last Post: November 9th, 2007, 10:23 AM
  4. Texas Unlicensed Carry
    By broknindarkagain in forum Defensive Carry Guns
    Replies: 11
    Last Post: October 23rd, 2007, 01:49 PM
  5. Questions concerning unlicensed carry in personal vehicle: Florida
    By juking in forum General Firearm Discussion
    Replies: 8
    Last Post: July 15th, 2007, 09:07 AM

Search tags for this page

can you go to jail for having a concealed handgun in texas
,
carrying an unlicensed firearm
,
h b 1815 traveling & unlicensed carry
,

legischangeschlstatute07.pdf

,
penalty for unlicensed firearm in texas
,

texas unlicensed carry

,
the unlicensed possession of a firearm texas
,
unlicensed carry in texas
,

unlicensed carrying of a firearm

,
unlicensed carrying of a firearm texas
,
unlicensed handgun texas
,

unlicensed possession firearm texas

Click on a term to search for related topics.