gun law changing? on the news earlier

[ram57ta]

Just caught the latter end of a story on channel 5 earlier tonight. Something about ANYONE in the state of texas being allowed to carry a gun in their car as long as they dont have any felonies...without a CHL? Did I understand that story right?

[smoke14me]

Yes you heard it right, check the NRA-ILA web page.
http://www.nraila.org/GunLaws/#?st=TX

[That_Is_My_El_Camino]

I'm not going to give any legal advice, but I think it's already legal.§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.
(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.
...
§ 46.15. NONAPPLICABILITY
...
(b) Section 46.02 does not apply to a person who:
Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1221, § 4

...
(3) is traveling;
...
(i) For purposes of Subsection (b)(3), a person is presumed
to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other
than a Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(3) not otherwise prohibited by law from possessing a
firearm;
(4) not a member of a criminal street gang, as defined
by Section 71.01; and
(5) not carrying a handgun in plain view. http://tlo2.tlc.state.tx.us/statutes/petoc.html

[Trip McNeely]

Does this count for machine gun turrets concealed by a tarp? :confused:

[David]

Does this count for machine gun turrets concealed by a tarp? :confused:
You can carry a machine gun in plain view anyways why the fuck conceal it?

[That_Is_My_El_Camino]

You can carry a machine gun in plain view anyways why the fuck conceal it?werd.

[jammeejamm]

A loaded firearm?

[slow06]

You can carry a machine gun in plain view anyways why the fuck conceal it?
Sneak attack? Jihad?

[That_Is_My_El_Camino]

A loaded firearm?That would be my guess.

[evil jose]

I'm not going to give any legal advice, but I think it's already legal. http://tlo2.tlc.state.tx.us/statutes/petoc.html

My understanding for the "new" law is that it's meant to clarify the "travel" part of it. We went over that in my CHL class a while back and that's what he told us. Without reading the new one (and this is my understanding of it) as long as the weapon is concealed and in the vehicle it's legal. Get out of the car to go into the mall the gun has to stay if you don't have a CHL.

[grove rat]

does it state anything about if the gun has to be loaded or unloaded?

[That_Is_My_El_Camino]

There was a thread about this recently, actually. http://www.dfwstangs.net/forums/showthread.php?t=330163&highlight=oklahoma%2A
My understanding for the "new" law is that it's meant to clarify the "travel" part of it. We went over that in my CHL class a while back and that's what he told us. Without reading the new one (and this is my understanding of it) as long as the weapon is concealed and in the vehicle it's legal. Get out of the car to go into the mall the gun has to stay if you don't have a CHL.It's my understanding that it's supposed to be legal now, but there are allegedly some district attorneys that refuse to recognize it: http://www.txdps.state.tx.us/administration/crime_records/chl/Traveling.pdf

Of course, as you said, it doesn't allow you to carry a concealed handgun outside of your car without a permit.

[David]

We got a guy in our office today who was arrested for unlawful possession of a firearm.

Says he was driving when he was involved in a road rage incident. Pulled his pistol from under his back seat when the other person approached his vehicle screaming and cussing threatening him. Cops called by other gentleman.

Apparently once you pull your gun, you're now open carrying or some shit. And can be arrested.

[bulldawgs75]

Yes you heard it right, check the NRA-ILA web page.
http://www.nraila.org/GunLaws/#?st=TX


You heard it right, you can POSSESS a rifle, shotgun, or handgun without a permit. However, you still are REQUIRED a CHL to CARRY. There is a difference between possess and carry. I can possess any 3 of the types of gun, if I dont have a permit (CHL) I CANNOT carry them on my person concealed

[That_Is_My_El_Camino]

Apparently once you pull your gun, you're now open carrying or some shit. And can be arrested.At that point, though, it wouldn't make any difference if you had a license or not, would it?

[David]

At that point, though, it wouldn't make any difference if you had a license or not, would it?
Havent figured it out. Having a license would have helped Im sure. But since he's a non license holder and carrying a pistol in his truck and then pulss it out....

[Slowhand]

so let me get this straight.

before this law, it was illegal to carry any kind of gun in your car unless you had a license?

if so, my shotgun is in my car half the time i'm driving it...i'da been screwed.

[That_Is_My_El_Camino]

so let me get this straight.

before this law, it was illegal to carry any kind of gun in your car unless you had a license?

if so, my shotgun is in my car half the time i'm driving it...i'da been screwed.No, only handguns, and there were several exclusions, including going to the range.

[Red01]

There was a thread about this recently, actually. http://www.dfwstangs.net/forums/showthread.php?t=330163&highlight=oklahoma%2A
It's my understanding that it's supposed to be legal now, but there are allegedly some district attorneys that refuse to recognize it: http://www.txdps.state.tx.us/administration/crime_records/chl/Traveling.pdf

Of course, as you said, it doesn't allow you to carry a concealed handgun outside of your car without a permit.



They will have to recognize this new law after Sept.1,2007

Replacement for the “Traveling” Law Passed in 2005~
HB 1815 by Rep. Carl Isett (R-Lubbock)/Senator Juan “Chuy” Hinojosa (D-McAllen).
Currently referred to as the Motorists Protection Act.

For years, Texas law provided for a defense to prosecution against a charge of carrying a
concealed handgun without a permit if the person was “traveling.” However, “traveling” was
never defined in law. In 2005, the Texas Legislature passed a bill establishing that a person is
presumed to be traveling if he or she is in a private motor vehicle, is not engaged in criminal activity, is not prohibited by law from possessing a firearm, and is not a member of a criminal street gang.

The clear intent was to protect law-abiding citizens’ right to carry a handgun concealed for personal protection in their cars or trucks without needing a Concealed Handgun License (CHL).
However, some District Attorneys in Texas have thumbed their nose at the intent of the law and
have gone so far as to issue public statements that they will arrest anyone found within their
jurisdiction to be carrying a handgun in his or her vehicle without a CHL. Further changes
are necessary to address this problem. HB 1815 includes the same safeguards and requirements passed by the 79th Legislature;
however it will no longer be an offense for Texans to have a handgun in their vehicle or a vehicle under their control.

Passed :)

[David]

so let me get this straight.

before this law, it was illegal to carry any kind of gun in your car unless you had a license?

if so, my shotgun is in my car half the time i'm driving it...i'da been screwed.
Texas has no provisional laws regarding the carrying of shotguns or rifles in your vehicle or on abouts your person. Pistols on the other hand were always the gray line in vehicles.

[Slowhand]

Texas has no provisional laws regarding the carrying of shotguns or rifles in your vehicle or on abouts your person. Pistols on the other hand were always the gray line in vehicles.

ok, i thought i was always ok doing it, but then i read someone mention shotguns and rifles along with the handguns and it kind of freaked me out for a second.

[exlude]

so let me get this straight.

before this law, it was illegal to carry any kind of gun in your car unless you had a license?

if so, my shotgun is in my car half the time i'm driving it...i'da been screwed.


Are you even old enough to own a shotgun? :D

[Slowhand]

Are you even old enough to own a shotgun? :D

haha, i'm not exactly sure on what the age requirements are as far that goes, but i've been shooting for as long as i can remember, if that counts for anything.

[David]

haha, i'm not exactly sure on what the age requirements are as far that goes, but i've been shooting for as long as i can remember, if that counts for anything.
18 rifle/shotgun, 21 pistol.

BTW, ATF and Police departments dont care how long you've been shooting.

[whiteboy]

so can you carry in the car legally?

[aggie97]

ok, i thought i was always ok doing it, but then i read someone mention shotguns and rifles along with the handguns and it kind of freaked me out for a second.


Long guns must be visible...not concealed.

Also, for the longest time the "traveling" "test" was if you were driving a route not commonly taken or were traversing more than 3 counties. Glad to see some clarification or at least eliminating a lot of gray area. Glad to hear my gun will be able to stay in the truck without the CHL but part about getting charged for pulling it is BS. If the guy felt he or his property were in danger and he was putting an end to a potential criminal act either assault or vandalism, the DA that charged him needs his head examined. I suppose if the asshole had opened his door or kicked his car then it would have been justified as the criminal act had then occurred. It's those details that I hate gray areas and why I will someday finally get my CHL. Just need to find the time.

[5111]

so can you carry in the car legally?
After September 1, you CAN carry in the car legally as long as you are not committing a crime, nor are banned from owning a handgun.

I think that you have to be either the driver or owner of the car though. So a bunch of gang bangers cannot drive around all packing. Just the owner of the vehicle and/or driver.

[That_Is_My_El_Camino]

...If the guy felt he or his property were in danger and he was putting an end to a potential criminal act either assault or vandalism, the DA that charged him needs his head examined. I suppose if the asshole had opened his door or kicked his car then it would have been justified as the criminal act had then occurred. It's those details that I hate gray areas and why I will someday finally get my CHL. Just need to find the time.According to my CHL instructor and the Texas Penal Code:§ 9.31. SELF-DEFENSE. (a) Except as provided in
Subsection (b), a person is justified in using force against
another when and to the degree he reasonably believes the force is
immediately necessary to protect himself against the other's use or
attempted use of unlawful force.
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;So, licensed or not, he's not justified in pulling it. However, were he justified, and licensed:Section 46.035 UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
...
(h) It is a defense to prosecution under Subsection (a) that
the actor, at the time of the commission of the offense, displayed
the handgun under circumstances in which the actor would have been
justified in the use of deadly force under Chapter 9.It doesn't say anything about somebody without a license pulling a weapon, even if deadly force were justified. Ruh-roh!

[aggie97]

According to my CHL instructor and the Texas Penal Code:So, licensed or not, he's not justified in pulling it. However, were he justified, and licensed:It doesn't say anything about somebody without a license pulling a weapon, even if deadly force were justified. Ruh-roh!


Sort of my point...Justification usually only takes place AFTER the fact that a crime is committed and NOT prior. Sort of hoping the bomb doesn't go off when it counts down to Zero really. It also doesn't provide for someone who is licensed to diffuse a situation of verbal provocation ONLY to pull a firearm. That is what I feel is wrong because the mere sight of the firearm can end the situation completely. The law is written to make sure we aren't all pulling out the weapon each and every time so that there are fewer chances of the trigger being pulled....so I have been told?