December 8th, 2008 03:00 AM
Help Please: Texas
I'm trying to find a link to the law that allows you to carry a handgun concealed in your car, but not on your person in Texas. I've been looking on the Texas website but have been able to find it. Anly help would be great. Thanks.
December 8th, 2008 06:29 AM
The Edge ... there's no honest way to describe it. The only ones who know where it is have gone over.
December 8th, 2008 07:10 AM
look up the castle doctrine texas - you should find lots of stuff.
Trying to leave as large a carbon footprint as possible.
Shivering in the "heat"
Innocent as doves, wise as serpents, armed like wolves.
December 8th, 2008 09:04 AM
I continue to be confused on this issue as well.
It is less than a year since I took my renewal class, and it was emphasized in there that a CHL was needed to possess. I too see nothing about this in the last DPS Handbook.
A couple of points, castle doctrine has nothing to do with car carry.
Here, there has always been a right to have a gun in a car when traveling, but the burden of proof was on the person carrying. That has been changed and the burden of proof that you were not carrying has been shifted.
Does anyone actually know that a bill passed both houses and was signed into law allowing carry in the car specifically?
Even though this comes up here regularly, I am skeptical. I am skeptical because The Leg meets only every two years and I think had this passed the previous legislative session, it would have been brought up in my renewal class.
I've also heard that it is not mentioned in the CHL handbook DPS puts out because that material deals only with things related to CHL-- and car carry without a license is a different issue.
Well, that still leaves me wondering precisely where to find the code and exactly what the code says. The url above in another post only shows stuff that The Leg worked on, and is not proof it was ever signed into law.
In my opinion, ones best bet is to have the CHL and then you don't need to concern yourself with unlicensed carry in the car.
Moreover, it is my personal opinion that "to carry a handgun concealed in your car, but not on your person in Texas" is not wise. This is true of carry methods such as purses, briefcases, fanny packs as well as glove compartments and consoles.
And if you look at the wording of the bill cited above, it says,
"(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person ’s control."
If the gun is not in your personal possession (on your person) when there are passengers, they might be in violation because they are not the owner of the vehicle.
Best bet, have a CHL and keep weapon on your person.
December 8th, 2008 09:08 AM
Don't look for bills. Look at the Penal Code.
December 8th, 2008 09:34 AM
This must be in some reference to a 'journey' law which Arkansas has. Not sure if any other states might have something like this on the books. You might have to dig very deep if there is.
Originally Posted by blinkstafoo1
5-73-120 (c)(4) A person has a defense to the crime of carrying a weapon when he/she is on a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon.
Texas....here's the reference from this site: Gun laws in the United States (by state - Wikipedia, the free encyclopedia)
PC 46.02, PC 46.15 A person may carry a concealed, loaded handgun without a permit while in or heading directly to a car they own or control. A person does have to conceal that firearm if they are "travelling"; the definition of "travelling" is subject to interpretation.
I do know the Arkansas law defines 'traveling' or 'journey' as a trip that takes one at least 20 miles outside their normal circle of friends or residence community. For what it's worth, I used the 'journey law' in Arkansas several years before I obtained my permit. From my home to work was more than 30 miles.
December 8th, 2008 10:34 AM
The reason that it was not brought to your attention is because the revised statute did not go into effect until September of last year. Also, DPS sometimes tends to run way behind in updating their material.
Originally Posted by Hopyard
December 8th, 2008 10:58 AM
Could well be that is right but...
Could well be that is right, but...
Originally Posted by cwblanco
The point I really want to get across is that the best approach to being legally armed is to obtain the CHL, and keep the weapon on your person.
Those two steps eliminate a lot of potential for misunderstanding and mistake.
Sadly, even strictly adhering to the law does not mean you won't get into trouble because too many officers simply do not know the law; and I bet this car carry law is one of them. You can be sure there are plenty of officers who will, as I have above, confuse it with the travel provisions.
I have heard of instances where folks were arrested for not showing their license, even though they were unarmed and not required to do so.
The lesson is really that a great deal of caution is needed in exercising the right to carry and I think relying on the new law, and even granting that it is on the books, leaves the individual and occupants of the vehicle open to unnecessary trouble.
I really hate the way Texas statutes and code, and this is true in most other states, scatter the different rules across a variety of places and don't consolidate them into one useful coherent law.
December 8th, 2008 12:18 PM
PC W6.02. 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
(2) inside of or directly en route to a motor vehicle that is owned
by the person or under the person's control.
(a-I) 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;
December 8th, 2008 01:21 PM
While I agree with you that it is best to have a CHL, it is NOT necessary to have one to carry in your car. As you will see by Chiggers post, the Penal Code allows for you to carry CONCEALED, on your person, while in your car or when moveing directly to or from your car to your residence or place of business, IF the place of business is under your control. IE. My buddy owns a motorcycle shop. He can carry concealed from his house to his truck, drive his truck to his shop and walk to his shop. All while carrying concealed. However, if he chooses to go to the sandwich shop right next door, he better leave the gun in his shop.
Will this keep him from getting arrested if a cop pulls him over and discovers he is packing? Depends on the cop and how well he knows the law.
The Penal code WILL be a defense to prosecution though.
Last edited by boss mustang; December 8th, 2008 at 01:22 PM.
Reason: fat fingers!
December 8th, 2008 02:00 PM
I believe it's called the safe motorist act,check texas chl forum they can steer you to the law.It is legal in Tx to have a concealed loaded gun in your car without a CHL as long as it is not concealed on your person and you can legally posess a gun
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
December 8th, 2008 02:47 PM
There are some strange variations of this law. I SC it's OK to carry loaded in your car without a CL. In VA they will bury you under the jail for the same thing. In VA concealed means on your person.
You'll rock, with a 357 Glock
December 8th, 2008 03:08 PM
The law in texas states it has to be conceiled and it can be on your person see above.
Originally Posted by chigger
December 8th, 2008 03:15 PM
As I understand it Texas law always allowed you a weapon while "travelling" but different prosecutors had different definitions of what "travelling" meant. This law was passed to protect us from folks like Chuck Rosenthal whose instructions to the Sheriff were to basically lock everyone up and they would figure it out in court.
Infowars- Proving David Hannum right on a daily basis
December 8th, 2008 06:51 PM
Exactly. But, even with this new law I see some good reasons to have a CHL and keep the weapon on your person only.
Originally Posted by mcp1810
I think it is unwise to possess and carry, even if lawful, without the CHL. If nothing else, the classroom hours needed for the CHL do have some important information which folks need to know before going about armed.
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