Texas handgun in car

Texas handgun in car

This is a discussion on Texas handgun in car within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Is it legal for one to carry a loaded handgun in one's car in the state of Texas without a CHL? Thanks in advance. -JJ...

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Thread: Texas handgun in car

  1. #1
    New Member Array JJWaco's Avatar
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    Texas handgun in car

    Is it legal for one to carry a loaded handgun in one's car in the state of Texas without a CHL? Thanks in advance.

    -JJ


  2. #2
    Senior Member Array velo99's Avatar
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    As long as it is concealed. No duty to inform but it would probably be a good idea.
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    VIP Member Array Snub44's Avatar
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    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 or watercraft 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 or watercraft 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 or boating;

    (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.

    (a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

    (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.



    ...here's the law...

    ...it tells you how and where you can't...

    ...so, in addition to keeping it concealed from view of anyone outside the vehicle, there are other tests...if you pass all of the above, then it's a yes...


    ...for easier reference, it's on page 36 of the Texas Concealed Handgun Laws book you might have gotten in a CHL...or you can bookmark online: http://www.txdps.state.tx.us/interne...rms/chl-16.pdf
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    Member Array wsquared's Avatar
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    Yup. Read the chapter & verse quoted above, digest it, and call it good.

    For the vast majority of responsible law-abiding citizens in Texas, you can go ahead and have a handgun concealed in your vehicle even without your CHL.

    Then again....is there a reason not to go ahead and get your CHL too?
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    Distinguished Member Array P7fanatic's Avatar
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    Cool Texas Law

    Quote Originally Posted by velo99 View Post
    As long as it is concealed. No duty to inform but it would probably be a good idea.
    OK, I've been away from the forum for 3 or 4 years. Just haven't had the time but it's good to be back. Although I am a Texan, I do not live there now. I'm retired military, my last duty station was in Florida and I'm still stuck in Florida.
    It has always been my understanding that you DO have the legal responsibility to inform a LEO, upon a traffic stop, that you are in possession of a handgun. I don't remember if the law stipulates that you are 'required to inform' only if the LEO asks you first or at all times. Neither do I remember if this pertains to CCL/CWL holders only or does it pertain to everybody.
    Request clarification on the law by those 100% sure, whether they be LEO or not.
    Thanks guys.
    "The price of freedom is eternal vigilance." -Thomas Jefferson

    "Liberalism is a Mental Disorder." -Michael Savage

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  6. #6
    Member Array wsquared's Avatar
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    The duty to inform is part of the CHL law. I do not believe that it is specifically required under the Motorist Protection Act (which is the law that allows those without CHL's to conceal handguns on or about their person in their vehicle).

    Here's an excerpt from 411.205 Requirement To Display License:

    If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace
    officer demands that the license holder display identification, the license holder shall display both the license
    holder's driver's license or identification certificate issued by the department and the license holder's handgun
    license.


    (from Handgunlaw.us)

    Two things to bear in mind:

    -There is no legal penalty specified for failure to display your CHL...but it's still required by law. You got your CHL (or made sure that you were legal undert the motorist protection act) before you carried, so why not continue to abide by the law?

    -Even if you're not a CHL holder, it's a good idea to let them know. Understand that a traffic stop is stressful for any LEO...they have no idea who's in the vehicle, and what your intentions are. No matter how prepared they are, they are automatically at a disadvantage if someone is armed and bent on doing them harm - action is faster than reaction.I go out of my way to make it easy for them to see that I'm not going to be a difficult traffic stop - dome light on, window down, hands easily visible on the top of the steering wheel, and no rummaging around inside the car as they are walking up.

    If you choose not to inform them and they subsequently determine that there is a handgun in the vehicle, they are likely to respond in a negative manner. Even if you are 100% legal to posess that handgun, the traffic stop will probably not be anywhere near as "quick & painless" as it otherwise would have been.

    Treating a LEO that's stopped you for a traffic violation like a professional with a job to do is the one thing under your control that is most likely to get them to issue the least punitive citation that they are able to under the circumstances. Informing them plainly and politely of the fact that you are legally armed falls in this same category - you are doing them a courtesy. If you are calm, polite, and courteous, it will reduce the chances that a LEO will feel the urge to throw the proverbial book at you.

  7. #7
    Distinguished Member Array P7fanatic's Avatar
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    Quote Originally Posted by wsquared View Post
    The duty to inform is part of the CHL law. I do not believe that it is specifically required under the Motorist Protection Act (which is the law that allows those without CHL's to conceal handguns on or about their person in their vehicle).

    Here's an excerpt from 411.205 Requirement To Display License:

    If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace
    officer demands that the license holder display identification, the license holder shall display both the license
    holder's driver's license or identification certificate issued by the department and the license holder's handgun
    license.


    (from Handgunlaw.us)

    Two things to bear in mind:

    -There is no legal penalty specified for failure to display your CHL...but it's still required by law. You got your CHL (or made sure that you were legal undert the motorist protection act) before you carried, so why not continue to abide by the law?

    -Even if you're not a CHL holder, it's a good idea to let them know. Understand that a traffic stop is stressful for any LEO...they have no idea who's in the vehicle, and what your intentions are. No matter how prepared they are, they are automatically at a disadvantage if someone is armed and bent on doing them harm - action is faster than reaction.I go out of my way to make it easy for them to see that I'm not going to be a difficult traffic stop - dome light on, window down, hands easily visible on the top of the steering wheel, and no rummaging around inside the car as they are walking up.

    If you choose not to inform them and they subsequently determine that there is a handgun in the vehicle, they are likely to respond in a negative manner. Even if you are 100% legal to posess that handgun, the traffic stop will probably not be anywhere near as "quick & painless" as it otherwise would have been.

    Treating a LEO that's stopped you for a traffic violation like a professional with a job to do is the one thing under your control that is most likely to get them to issue the least punitive citation that they are able to under the circumstances. Informing them plainly and politely of the fact that you are legally armed falls in this same category - you are doing them a courtesy. If you are calm, polite, and courteous, it will reduce the chances that a LEO will feel the urge to throw the proverbial book at you.
    Thanks. That's what I was looking for. I was sure there was a requirement to inform. It's such a pain to read the 'Texas Concealed Handgun Laws'. It never has been reader friendly but it seems to just be getting worse and worse. I wish the state legislature would clean it up a bit to make it easier to comprehend.
    I noticed they changed the blade length for a legal knife from 3.5" to 5.5".
    Also, I always thought it a bit weird that a 'Bowie knife' is illegal in the state of Texas. I wonder what Jim Bowie would have to say about that?
    "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

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