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My brother-in-law is driving from Utah to Texas on Christmas. His route will take him through Colorado and New Mexico.

He does NOT have a CCP, but would like to take his shotgun (with full mag, empty chamber) in the car for protection on his trip.

As far as I can tell, that shouldn't be a problem in New Mexico, but what about Colorado and Texas? Everything I could find talked ONLY about handguns. What about long-guns?

I know that a shotgun isn't the best defensive gun in a vehicle, I don't want ANY replies containing this topic.:banned: Only helpful info about traveling through Colorado, New Mexico and Texas with the shotgun.

Thanks in advance, Sigmanluke
 

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Generally speaking, rounds in the tube=loaded which 98% of the time is a no-no in a vehicle.
I don't know about the 98%, in Utah, that is not considered a loaded gun.

Do you have specifics for Colorado or Texas?

New Mexico laws (from handgunlaw.us) stated, your vehicle is an extension of your home, if it's legal in your home, it's legal in your car.(paraphrased)
 

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I don't know about the 98%, in Utah, that is not considered a loaded gun.

Do you have specifics for Colorado or Texas?

New Mexico laws (from handgunlaw.us) stated, your vehicle is an extension of your home, if it's legal in your home, it's legal in your car.(paraphrased)
CO is OK, still working on TX.

From the CO State Patrol:
Colorado allows a person to carry a firearm in a vehicle, loaded or unloaded, if its use is for lawful protection of such person or another's person or property. [C.R.S. 18-12-105(2)] Colorado law also allows a person to possess a handgun in a dwelling, place of business, or automobile. However, you cannot carry the weapon concealed on or about your person while transporting it into your home, business, hotel room, etc. Local jurisdictions may not enact laws that restrict a person's ability to travel with a weapon. [C.R.S. 18-12-105.6] The Act permits the nationwide carrying of concealed handguns by qualified current and retired law enforcement officers and amends the Gun Control Act of 1968 (Pub. L. 90-618, 82 Stat. 1213) to exempt qualified current and retired law enforcement officers from state and local laws prohibiting the carry of concealed firearms.
 

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I am pretty sure that is ok in Texas. In fact in Texas you no longer need a license to carry a handgun in your vehicle. IIRC Texas has no restrictions on long guns. I will see if I can hunt down the statute.
 

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I am pretty sure that is ok in Texas. In fact in Texas you no longer need a license to carry a handgun in your vehicle. IIRC Texas has no restrictions on long guns. I will see if I can hunt down the statute.
There's no statute regarding long guns.

THIS SOURCE states that you can have a long gun loaded anywhere in the vehicle...

Gotta move further west...:king:
 

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Nothing at all in this section about long guns.
TEX PE. CODE ANN. § 46.02 : Texas Statutes - Section 46.02: UNLAWFUL CARRYING WEAPONS
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(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.

(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.

(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.
 

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Discussion Starter #8
Thanks so much, I knew I'd get accurate, quick answers here. You guys are the best!

Thanks JD for the links.
 

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And notice you only get in trouble for your "illegal knife" if you are off your property and not in or directly enroute to your vehicle!

I Love this place!!!
 

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You should also research hunting regulations. "It is prima facie evidence that a person is is hunting if he possesses a firearm with a cartridge or shell in the barrel, magazine, or clip attached to the firearm, or if all ammunition is not located in an enclosed compartment, container, box or garmit (whether or not the firearm is in or out of a motorized vehicle) blah, blah blah during deer or turkey season. Most states have some law regarding hunting from a vehicile or road that could be used against you.
 

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It's a good idea to check hunting/poaching regulations when it comes to long guns. Many of the CCW statutes only address hadguns while long guns may be covered separately somewhere else.
 

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You may not have one in the chamber in any long gun while in a vehicle in the state of Colorado. You may have the magazine loaded, however.

From RMGo_Org quoting Colorado Revised Statutes:

33-6-125. Possession of a loaded firearm in a motor vehicle.

It is unlawful to possess any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and, for such purpose, "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan.
Also available via the Colorado Bureau of Investigation Website.
 

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There is no law in Texas prohibiting carry of a long gun, rifle or shotgun. Technically you could carry a shotgun openly anywhere. I wouldn't advise slinging a shotgun through a mall in Dallas, Houston, San Antonio or Austin though since it may get you arrested for disturbing the peace. However carrying loaded in a car should be just fine.
 

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I don't know about the 98%, in Utah, that is not considered a loaded gun.

Do you have specifics for Colorado or Texas?

New Mexico laws (from handgunlaw.us) stated, your vehicle is an extension of your home, if it's legal in your home, it's legal in your car.(paraphrased)
if you drive through DENVER, its actually illegal period to have a firearm in a car . do they follow that rule? no.

this is what i was told by my local police office mind d you
 

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Denver is its own little world...similar to Boulder.

2004 Meyers Decision

18-12-105.6. Limitation on local ordinances regarding firearms in private vehicles.

(2) (b) …no municipality, county, or city and county shall have the authority to enact or enforce any ordinance that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction
.

Now what does all this mean? If you are not a resident of Denver, you can travel through. Drive safely and legally....everything will be fine.
 

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I have driven around in Dallas, Texas streets with my shotgun with me for over 10 years. A cop pulled me over once on routine traffic stop, and asked me if I had any weapons and I told him I have a shotgun in my rear compartment. He seemed to appreciate me being honest. He didnt even ask me to reveal it. He went ahead and ran my info, issued the speeding ticket and said have a nice day.

Nothing was mentioned by the officer to me about any illegalities of carrying a shotgun, and this was before the changes to law in TX that makes it ok to possess concealed weapon in your car same as your home. As far as I know Rifles & Shotguns have always been okay to drive around with openly in the window on a gunrack if you please, unless there are fully Auto Assault rifles or something like that.
 

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Discussion Starter #17
CO is OK, still working on TX.

From the CO State Patrol:
You may not have one in the chamber in any long gun while in a vehicle in the state of Colorado. You may have the magazine loaded, however.

From RMGo_Org quoting Colorado Revised Statutes:



Also available via the Colorado Bureau of Investigation Website.
These seem to be conflicting, anyone with a real answer?
 

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Colorado Statutes/TITLE 33 WILDLIFE AND PARKS AND OUTDOOR RECREATION/WILDLIFE/ARTICLE 6 LAW ENFORCEMENT AND PENALTIES/PART 1 GENERAL PROVISIONS/33-6-125. Possession of a loaded firearm in a motor vehicle.

33-6-125. Possession of a loaded firearm in a motor vehicle.
It is unlawful for any person, except a person authorized by law or by the division, to possess or have under his control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer, as defined in section 33-1-102 (32), who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and, for such purpose, "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of fifteen license suspension points.
State law quoted above. I dont have one in the chamber of my long guns based upon this law. But if you want to give it a shot...
 
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