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post #1 of 37 (permalink) Old 01-05-2010, 04:21 PM Thread Starter
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Hand Gun Law Question???

What would happen if you get pulled over and you are carring a gun inside ur car or truck but have no CHL? I always carry mine with me however I have no CHL (my guns are under my name and registered)...Some guys here at work said that I would get my gun taken away ect....anyone know what would really happen? The times I been pulled over I never been searched or and I have never said anything about carring the gun...anyone know?? TIA...
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post #2 of 37 (permalink) Old 01-05-2010, 04:27 PM
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Quote:
Originally Posted by Juiced4V View Post
What would happen if you get pulled over and you are carring a gun inside ur car or truck but have no CHL? I always carry mine with me however I have no CHL (my guns are under my name and registered)...Some guys here at work said that I would get my gun taken away ect....anyone know what would really happen? The times I been pulled over I never been searched or and I have never said anything about carring the gun...anyone know?? TIA...
Depends on the cop. BUT not telling the cop you have a gun is a BAD IDEA. If he searches you, your not going to like the results.

Go get a CHL.

BTW: How did you register your gun? Texas doesn't register any guns....

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post #3 of 37 (permalink) Old 01-05-2010, 04:29 PM
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Just depends on how big a dick the officer wants to be.

It is legal to carry a gun in your vehicle in Texas as long as you are traveling. The law does not define "travel". So, if the cop wanted to be a dick, then he could take your gun, arrest you and you would spend Thousands of $'s to get it dismissed because they have to prove that you weren't traveling. It's basically going to be up to the Judge or Jurors to determine if you were or were not traveling.
If i didn't have my CHL, I would definately still carry, but make sure to point out (in a respectful way) that per texas law I am allowed to carry in my vehicle when traveling. You might even look up the law and print it out and keep in your glove box since we all know that most cops don't know all of the laws. Except the ones they see people breaking most often and commit to memory.

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post #4 of 37 (permalink) Old 01-05-2010, 04:41 PM
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You can legally have a concealed handgun in your car without a CHL.

Just don't take it out of the car or unhide it.

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post #5 of 37 (permalink) Old 01-05-2010, 04:47 PM
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Originally Posted by 2010BlackGT View Post
Just depends on how big a dick the officer wants to be.

It is legal to carry a gun in your vehicle in Texas as long as you are traveling. The law does not define "travel". So, if the cop wanted to be a dick, then he could take your gun, arrest you and you would spend Thousands of $'s to get it dismissed because they have to prove that you weren't traveling. It's basically going to be up to the Judge or Jurors to determine if you were or were not traveling.
If i didn't have my CHL, I would definately still carry, but make sure to point out (in a respectful way) that per texas law I am allowed to carry in my vehicle when traveling. You might even look up the law and print it out and keep in your glove box since we all know that most cops don't know all of the laws. Except the ones they see people breaking most often and commit to memory.

Don't listen to this^. That is the old way (well, old since 2007). Here's the law:

Sec.A46.02.AAUNLAWFUL CARRYING WEAPONS.
A (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 ís own premises or premises under the
person ís control; or

(2)inside of or directly en route to a motor vehicle
that is owned by the person or under the person ís 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 ís 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.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 1, eff. September 1,
2007.

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post #6 of 37 (permalink) Old 01-05-2010, 04:56 PM
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Quote:
Originally Posted by Juiced4V View Post
What would happen if you get pulled over and you are carring a gun inside ur car or truck but have no CHL? I always carry mine with me however I have no CHL (my guns are under my name and registered)...Some guys here at work said that I would get my gun taken away ect....anyone know what would really happen? The times I been pulled over I never been searched or and I have never said anything about carring the gun...anyone know?? TIA...
here we go again...

Quote:
Originally Posted by 2010BlackGT View Post
Just depends on how big a dick the officer wants to be.

It is legal to carry a gun in your vehicle in Texas as long as you are traveling. The law does not define "travel". So, if the cop wanted to be a dick, then he could take your gun, arrest you and you would spend Thousands of $'s to get it dismissed because they have to prove that you weren't traveling. It's basically going to be up to the Judge or Jurors to determine if you were or were not traveling.
If i didn't have my CHL, I would definately still carry, but make sure to point out (in a respectful way) that per texas law I am allowed to carry in my vehicle when traveling. You might even look up the law and print it out and keep in your glove box since we all know that most cops don't know all of the laws. Except the ones they see people breaking most often and commit to memory.
stfu about shit you are not up-to-date with

Quote:
Originally Posted by 03trubluGT View Post
Don't listen to this^. That is the old way (well, old since 2007). Here's the law:
this man knoweth

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post #7 of 37 (permalink) Old 01-05-2010, 05:05 PM
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stfu about shit you are not up-to-date with
How about you STFU and learn something for once Jackass!


(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;

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post #8 of 37 (permalink) Old 01-05-2010, 05:06 PM
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03trublugt is right.
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post #9 of 37 (permalink) Old 01-05-2010, 05:09 PM
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Quote:
Originally Posted by 2010BlackGT View Post
How about you STFU and learn something for once Jackass!


(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;
You are looking at out dated law. It doesnt mention travel any more.
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post #10 of 37 (permalink) Old 01-05-2010, 05:10 PM
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How about you STFU and learn something for once Jackass!


(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;
They kept traveling in there, but it's way redundant. You can be sitting in your car across the street from your house with a gun under the seat, legally.


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post #11 of 37 (permalink) Old 01-05-2010, 05:13 PM
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03trublugt is right.
2010blackgt is wrong
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post #12 of 37 (permalink) Old 01-05-2010, 05:13 PM
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OMG, how many times is this going to be discussed? You can carry in your car concealed in Texas all you want with no CHL needed.
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post #13 of 37 (permalink) Old 01-05-2010, 05:16 PM
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Originally Posted by 2010BlackGT View Post
How about you STFU and learn something for once Jackass!


(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;
Care to cite where you are finding this law? It is out of date as of 9/1/2007, here is the current version. Notice the amended by notation at the bottom of the quote ... I bolded it so you didnt have any trouble finding the correct information.

Quote:
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 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 109, ch. 49, Sec. 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 14, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, Sec. 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, Sec. 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 262, Sec. 21, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 873, Sec. 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 168, Sec. 1, eff. Sept. 1, 1991. Redesignated from Penal Code Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, Sec. 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 998, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 24, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 1, eff. September 1, 2007.

http://www.statutes.legis.state.tx.u...E.46.htm#46.02

There is the link to the current law.
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post #14 of 37 (permalink) Old 01-05-2010, 05:21 PM Thread Starter
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Originally Posted by Dacotua View Post
Depends on the cop. BUT not telling the cop you have a gun is a BAD IDEA. If he searches you, your not going to like the results.

Go get a CHL.

BTW: How did you register your gun? Texas doesn't register any guns....
well by registered I guess I mean its under mine name and all...I reall have not read into gun laws...and yeah I'm considering going to a class sometime next month when I get a chance.
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post #15 of 37 (permalink) Old 01-05-2010, 05:23 PM
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Originally Posted by Juiced4V View Post
well by registered I guess I mean its under mine name and all...I reall have not read into gun laws...and yeah I'm considering going to a class sometime next month when I get a chance.
The only way a gun is in your name is if you are the original buyer and you filled out the form at the time of purchase.

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post #16 of 37 (permalink) Old 01-05-2010, 05:24 PM Thread Starter
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Quote:
Originally Posted by 03trubluGT View Post
Don't listen to this^. That is the old way (well, old since 2007). Here's the law:

Sec.A46.02.AAUNLAWFUL CARRYING WEAPONS.
A (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 ís own premises or premises under the
person ís control; or

(2)inside of or directly en route to a motor vehicle
that is owned by the person or under the person ís 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 ís 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.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 1, eff. September 1,
2007.
Thanks 03trubluGT very helpful information!!!
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post #17 of 37 (permalink) Old 01-05-2010, 05:25 PM
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Thanks 03trubluGT very helpful information!!!
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post #18 of 37 (permalink) Old 01-05-2010, 05:25 PM Thread Starter
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The only way a gun is in your name is if you are the original buyer and you filled out the form at the time of purchase.
Yes sir...I got it a Cabellas...new in the box...they ran my backgroud and all...and called me to come get it the next day...
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post #19 of 37 (permalink) Old 01-05-2010, 05:33 PM
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Originally Posted by Pokulski-Blatz View Post
Care to cite where you are finding this law? It is out of date as of 9/1/2007, here is the current version. Notice the amended by notation at the bottom of the quote ... I bolded it so you didnt have any trouble finding the correct information.




http://www.statutes.legis.state.tx.u...E.46.htm#46.02

There is the link to the current law.
Secton 46.15, Subsection (b).


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Women: vaginal life support.
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post #20 of 37 (permalink) Old 01-05-2010, 05:36 PM
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Originally Posted by That_Is_My_El_Camino View Post
Secton 46.15, Subsection (b).
That section is not utilized in the working application of 46.02.

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post #21 of 37 (permalink) Old 01-05-2010, 05:45 PM
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That section is not utilized in the working application of 46.02.
Uh, why not?


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Women: vaginal life support.
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post #22 of 37 (permalink) Old 01-05-2010, 06:17 PM
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Who all is a LEO ask them what they are going to do if they pull someone over?
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post #23 of 37 (permalink) Old 01-05-2010, 06:35 PM
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Originally Posted by That_Is_My_El_Camino View Post
They kept traveling in there, but it's way redundant. You can be sitting in your car across the street from your house with a gun under the seat, legally.
i am sitting across the street from your house with a gun right now!!

god bless.

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post #24 of 37 (permalink) Old 01-05-2010, 07:09 PM
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Uh, why not?
Because there is no need. The way 46.02 was written it basically gutted the need for the travelling clause, but there were those in the house that wanted to keep the travelling exception in tact. So to get their vote to accept 46.02, the writers kept it.

This was a long process that took more than one session for them to agree on. The Capitol frequently sends bills to local LEO agencies for review. This was one that we reviewed and gave working opinions on before it was sent back.

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post #25 of 37 (permalink) Old 01-05-2010, 08:08 PM
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i am sitting across the street from your house with a gun right now!!

god bless.
I'm on my way outside, then calling the police to report a dead body...

^ not a threat, a promise
Quote:
Originally Posted by 03trubluGT View Post
Because there is no need. The way 46.02 was written it basically gutted the need for the travelling clause, but there were those in the house that wanted to keep the travelling exception in tact. So to get their vote to accept 46.02, the writers kept it.

This was a long process that took more than one session for them to agree on. The Capitol frequently sends bills to local LEO agencies for review. This was one that we reviewed and gave working opinions on before it was sent back.
Oh, okay. I thought you meant all of Section 46.15. Like I said, way redundant, but it's there.


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Women: vaginal life support.
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post #26 of 37 (permalink) Old 01-05-2010, 08:12 PM
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i was only gonna pop fireworks. asshole.

god bless.

You don't have to earn my respect, you have to earn my disrespect.

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Standing in a cell with tears running down your face and blood down your legs is no way to protest.
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post #27 of 37 (permalink) Old 01-05-2010, 08:13 PM
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i was only gonna pop fireworks. asshole.

god bless.
My dogs have had enough of that shit this year. They don't know what it is, but it's loud and they bark at it.


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Women: vaginal life support.
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post #28 of 37 (permalink) Old 01-05-2010, 08:31 PM
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^ not a threat, a promiseOh, okay. I thought you meant all of Section 46.15. Like I said, way redundant, but it's there.

Yea, I don't know why that needs to be in there when it's already covered, but some just wanted it in there.
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post #29 of 37 (permalink) Old 01-05-2010, 10:54 PM
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Originally Posted by 2010BlackGT View Post
How about you STFU and learn something for once Jackass!


(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;
That's PC 46.15 and as stated earlier, has no bearing on PC 46.02 as of 9/1/07.

The bold text below is the amended part of PC 46.02 that allows you to carry a concealed weapon while simply in a vehicle you own or have under your control.

Maybe you should read the full text of the law in question before spewing shit out of your mouth.

Quote:
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 that is owned by the person or under the person's control.

(abbreviated)

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post #30 of 37 (permalink) Old 01-05-2010, 11:38 PM
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Originally Posted by HOOCBB View Post
That's PC 46.15 and as stated earlier, has no bearing on PC 46.02 as of 9/1/07.

The bold text below is the amended part of PC 46.02 that allows you to carry a concealed weapon while simply in a vehicle you own or have under your control.

Maybe you should read the full text of the law in question before spewing shit out of your mouth.
Well, 46.15 is still very relevant and provides valid exceptions for 46.02 and 46.03, but the "traveling" clause isn't one of them.


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post #31 of 37 (permalink) Old 01-06-2010, 06:55 AM
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Well, 46.15 is still very relevant and provides valid exceptions for 46.02 and 46.03, but the "traveling" clause isn't one of them.
That's what I meant.

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post #32 of 37 (permalink) Old 01-06-2010, 08:32 AM
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Like the computer and gaming forum, this forum needs an FAQ.

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post #33 of 37 (permalink) Old 01-06-2010, 12:04 PM
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well by registered I guess I mean its under mine name and all...I reall have not read into gun laws...and yeah I'm considering going to a class sometime next month when I get a chance.
Do you think it would be a good idea to read up on the stuff before you start to carry? Pretty ignorant to me. There is a book called "Texas Gun Laws" You should look into it

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post #34 of 37 (permalink) Old 01-06-2010, 12:38 PM
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Thank god I didn't become a lawyer.
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post #35 of 37 (permalink) Old 01-06-2010, 12:54 PM
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Thank god I didn't become a lawyer.
All this jazz equals job security.
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post #36 of 37 (permalink) Old 01-06-2010, 01:08 PM
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All this jazz equals job security.
For whom?

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post #37 of 37 (permalink) Old 01-06-2010, 01:09 PM
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For whom?
Lawyers and cops
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