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nonameisgood
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Posted: Fri Jun 19th, 2009 06:12 am |
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The traveling provision that was on the books 20 years ago said that you could not carry a handgun unless you were "traveling", and allowed the carry to be in plain view.
Case law held that traveling was defined by overnight travel or crossing two or more county lines (hence the three counties mentioned, although you could cross out of and in to the same county - keeping in mind that Presidio and Brewster counties are bigger than some states.)
In 2005, according to TXDPS, that rule was strengthened by legislation which made a presumption of traveling statutory.
The newer law (2008) PC 46.02 makes it unlawful to carry a handgun in a motor vehicle if it is plain view, but allows it to be carried while hidden, no matter the circumstance (within the provisions quoted previously.)
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jrhickman2
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Posted: Fri Jun 19th, 2009 01:40 pm |
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| Cool, thanks for the knowledge. I will write back here in a little while.
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essemgy
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Posted: Wed Aug 19th, 2009 08:47 pm |
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Thanks in advance to anyone who tries to help answer my question.
Background:
I'm a 20 year old male(soon to be 21) from the South-Houston area of Texas. A very close friend of mine was recently accepted into a College about 4 hours away from me, and I would like to go visit every now and then.
Problem:
Some of the roads I'll be traveling on, have a reputation for being uninhabited and dangerous at night/early am (when I'll be traveling). I'd like to take a firearm with me when I go visit her, just to be on the safe side. I don't anticipate a problem, but in today's world you never know who is going to try and run you off the road, rob you, and kill you.
I would like to know if it would be lawful for me to carry some type of handgun in my glove box when I travel. If it is, can you name the specific law and amendment to said law (if that applies). I don't mind looking them up myself if you can provide the name of the bill. I'd like to print them out as a reference if I'm ever stopped by a police officer and hassled.
Also, I'll more than likely be staying overnight in the dorm (which is fine by the college's policy (especially since hotels are so expensive). Is there any particular law that says a firearm can't be left in the glove box?
Pretty much, I'd like to be able to go on this trip with said firearm in my glovebox, without ever having to take it out. I'd like to put it in there, and take it out when I get back home from the trip.
I understand that there is always a "risk" of the officer not knowing the law, but I am willing to take that risk. I have an excellent defense attorney if that ever hypothetically became a problem.
Again, thank you to anyone who attempts to help answer this question. I've heard a lot of different answers from a lot of different people (my local police department said I'm not even supposed to have a handgun if I'm not 21, and I know that much isn't true). If you can't ask the police, who can you ask?
Last edited on Wed Aug 19th, 2009 09:14 pm by essemgy
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jrhickman2
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Posted: Wed Aug 19th, 2009 09:14 pm |
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It's the motorist protection Act. Passed: 5/26/2007 Signed by Gov. Rick Perry: 6/16/2007 & went into effect 9/1/2007. Its a replacement for the 2005 law. Traveling was defined as crossing 4 county lines, & not inteding to come back that day. New law defines traveling as going to the local store for a loaf of bread. For years, Texas Law providedfor a defense to prosecution against a charge of carrying a concealed handgun w/o a permit if the person was, "traveling." However "traveling" was never defined by 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 owning/possessing a handgun/firearm, & 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 car's/trucks w/o needing a CHL(Concealed Handgun License). However, some District attorney's in Texas have thumbed their nose at the intent of the law& 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.
HB1815 includes the same safeguards & 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.
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essemgy
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Posted: Wed Aug 19th, 2009 09:33 pm |
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Thanks for the info, jrhickman!
I'll read those bills when I get home from work (while at work I have a bit of downtime here and there to make short posts)
As far as your knowledge goes, is there any age restriction?
I know I am legally allowed to own a handgun (you just have to be 21 to buy from an licensed dealer) but is there any restriction that says you must be at least 21 to have a handgun in your vehicle?
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jrhickman2
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Posted: Wed Aug 19th, 2009 09:54 pm |
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| I'm not certain on a age limit. I'm 29
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KBCraig
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Posted: Thu Aug 20th, 2009 01:08 am |
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No, there is no age limit for carrying in your car. If you're legal to own, you're legal to carry in your car.
I do want to say this about "car carry": the odds that you will need a gun while driving are miniscule. If a situation justifies deadly force while you're behind the wheel, you already have control of a vastly superior weapon: the car itself. If nothing else, it can get you out of danger through mobility, far more effectively than firing shots can.
The danger of traveling to unknown places, is that you might find yourself in the wrong part of town, and not know it until you're on foot (where the gun in your car is of no use to you).
You're much more likely to be a victim of crime (mugging or carjacking) as you approach your car unarmed, than you are while inside your car with access to your handgun.
Car break-ins are a problem in many areas, especially the low-rent neighborhoods around universities. Since you can't carry your gun when you arrive at your destination, how are you going to secure it to avoid arming a petty thief?
The solution, of course, is to carry on your person. In Texas, to be legal, this means getting a CHL. You said you're about to turn 21; you can take the course now, and mail off your application and check when you turn 21.
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essemgy
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Posted: Thu Aug 20th, 2009 02:05 am |
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I've already enrolled for a Concealed Carry Permit course that happens to start the very next day after my 21st birthday, which is in a little over a month. I'm very excited about that. I often times stay at work late at night, and a concealed permit will put my mind at ease. Back in the 80s, my father was working late one evening (same line of work), and two Hispanic gentlemen came into his machine shop and stuck a 1911 in his face and demanded his money. Impatiently, the gunman pulled the trigger. Either the weapon didn't have rounds in it, or it misfired. He instead knocked out my father (requiring stitches, and leaving a very large scar), took his cash, and fled. Needless to say, almost everyone in my family has a CCL now. I certainly don't plan to be an exception.
One reason that I'd like to have a firearm in my vehicle, is in case I should get a flat tire or something along those lines. The particular highway I'll be traveling has stretches that are almost completely deserted. My vehicle has no spare tire (C6 Corvette), so I would hypothetically be waiting for some help for a potentially long time. Granted, I know that getting a flat tire is a fairly rare event, but in that situation, my safety is the last thing I'd like to worry about. I'll be traveling in the early AMs as well.
Crime on this particular campus is virtually non-existent. From what I understand, there has been a bit of vandalism, but it's a rare event. The campus also has a police officer *not a rent a cop* patrolling the parking lot 24/7. The campus is primarily female, and a very expensive university.
I will probably make no more than two trips between now and the time I get my CCL.
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KBCraig
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Posted: Thu Aug 20th, 2009 03:01 am |
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| Sounds like you've got a good plan, then.
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Gator5713
Lone Star Veteran
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Posted: Thu Aug 20th, 2009 03:33 pm |
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In short, you're 'good to go' given the circumstances that you have described.
I will offer a word of advise (from personal experience)
Place the gun and your insurance/registration in SEPARATE compartments! I have placed my gun in my glove box several times and once I got stopped (speeding +5ish) and when I went to get my ins/reg I remembered that my gun was in there also... I simply informed the officer of the situation, offered a solution (I would roll down the pass window and allow him to retrieve the envelope) and he decided to allow me to go ahead and get it myself (under close supervision)...
Not wanting a repeat of that with an less friendly officer, I now make sure that I can get to my ins/reg without going through my gun!
You might also want to get a small safe and bolt it into your trunk if you are planning on leaving your gun in your car unattended. AND don't tell anybody that you have it (prevent your car from being singled out) which means keep it concealed while putting it in/taking it out of your car!
Welcome to the world of carrying!
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jsimmons
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Posted: Sat Aug 22nd, 2009 01:16 pm |
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I have yet to see a definition of "in plain view".
I drive a Crown Victoria with dark-tinted windows, and a center console. When I finally get my CHL, I plan on installing a holster on the driver's side of the console in such a way as to postion my gun (a 1911) between my right knee and the transmission tunnel. (I see no point in carrying in your car if it takes more than a a second or two to get into a position to defend yourself.) I will take steps to make sure the gun is not visible by way of casual observation from any normal vantage point outside the car (which is *my* definition of "in plain view").
Even if you "conceal" in a glove box, in the event of an accident, the glove box could pop open, and the gun is now "in plain view". Are you then breaking the law?
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My own personal experience is that LEOs have a historically bad habit of "convenient interpretation" of the law, and seem more willing to hassle law-abiding citizens just to make a point.
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