Texas Law?

Texas Law?

This is a discussion on Texas Law? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I will be visiting some friends in Dallas enroute to New Mexico. My Ohio CCW is not recognized by TX. I interperate the TX law ...

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Thread: Texas Law?

  1. #1
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    Texas Law?

    I will be visiting some friends in Dallas enroute to New Mexico. My Ohio CCW is not recognized by TX.
    I interperate the TX law as to carrying, loaded, in a vehicle as this:
    I can have a loaded hand gun in MY vehicle or any vehicle that I am driving (in control of) if the hand gun is NOT visible. Also, I am covered while moving directly to or from my vehicle from my temporary residence (their home).
    There is a sub section that states that this section does not apply if you are traveling while hunting or on duty as a security enforcer or if you have an alcohol license...
    I see this as meaning that those in the above categories can carry their hand gun visibly.

    Can any Texans help me? Does this seem to be the correct interpretation of the law?

    Exerpt from www.handgunlaw.us/documents/USRVCarCarry.pdf

    Title 10 . Section 1
    Section 46.02
    (a) A person commits an offense if the person [he]
    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.
    (a1)
    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
    (a2)
    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.

    SECTION 2.
    (b) Section 46.02 does not apply to a person who:
    (1) is in the actual discharge of official duties as a
    member of the armed forces or state military forces as defined by
    Section 431.001, Government Code, or as a guard employed by a penal
    institution;
    (2) [is on the person's own premises or premises under
    the person's control unless the person is an employee or agent of
    the owner of the premises and the person's primary responsibility
    is to act in the capacity of a security guard to protect persons or
    property, in which event the person must comply with Subdivision
    (5);
    [(3)] is traveling;
    (3) [(4)] 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;
    (4) [(5)] holds a security officer commission issued
    by the Texas [Board of Private Investigators and] Private Security
    Board [Agencies], if:
    (A) the person is engaged in the performance ofthe person's duties as a security officer or traveling to and from
    the person's place of assignment;
    (B) the person is wearing a distinctive uniform;
    and
    (C) the weapon is in plain view;
    (5) [(6)] is carrying a concealed handgun and a valid
    license issued under Subchapter H, Chapter 411, Government Code
    [Article 4413(29ee), Revised Statutes], to carry a concealed
    handgun of the same category as the handgun the person is carrying;
    (6) [(7)] holds a security officer commission and a
    personal protection officer authorization issued by the Texas
    [Board of Private Investigators and] Private Security Board
    [Agencies] and [who] is providing personal protection under Chapter
    1702, Occupations Code [the Private Investigators and Private
    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
    Statutes)]; or
    (7) [(8)] holds an alcoholic beverage permit or
    license or is an employee of a holder of an alcoholic beverage
    permit or license if the person is supervising the operation of the
    permitted or licensed premises.
    Last edited by luvmy40; December 29th, 2007 at 03:55 AM. Reason: added exerpt
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  2. #2
    Member Array Texas Yankee's Avatar
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    I wouldn't rely on the traveling subsection. Court decisions over the years have been all over the place as to what constitutes traveling, when it stops and starts during a trip, etc. It is a real morrass. That's why the new law was passed.

    However you have the new law right. You can carry a handgun concealed in your car and directly to and from your residence. Don't carry concealed outside of your car otherwise however.

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