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scottjajr Regular Member
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i been tryng to find out if an out of state driver can carry in their vehicle in texas |
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Adahma Regular Member
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When I got my concealed carry license the instructor said that even if you don't have a license to carry (being that it's concealed) your are protected under the "castle doctrine." I don't know if that applies to residents outside of Texas. But, I was talking to my uncle who is a cop and he said that you can't carry a loaded gun in your car period (if you don't have a CHL). If you transport you have to have the gun and the ammo in separate places, preferably with the gun in the trunk and the ammo in the glove box. Goes to show you that some cops don't know the law and you may get arrested anyway. The only sure way to transport a firearm is to have a concealed handgun license. Even then you are subject to the authority of the police officer, even if he is stupid. A guy got arrested for having a concealed handgun (he had a CHL) in the parking lot of a school, even though the law protects him. He even had the concealed gun law handbook and the cop mocked him and arrested him anyway. So, regardless of what anyone tells you, remember you are subject to the authority of a human being, whether evil, good, or just plain stupid. Good luck! Adahma Last edited on Fri Apr 17th, 2009 05:10 am by Adahma |
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Shorts Lone Star Veteran 
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Adahma wrote: When I got my concealed carry license the instructor said that even if you don't have a license to carry (being that it's concealed) your are protected under the "castle doctrine." I don't know if that applies to residents outside of Texas. But, I was talking to my uncle who is a cop and he said that you can't carry a loaded gun in your car period (if you don't have a CHL). If you transport you have to have the gun and the ammo in separate places, preferably with the gun in the trunk and the ammo in the glove box. Goes to show you that some cops don't know the law and you may get arrested anyway. The only sure way to transport a firearm is to have a concealed handgun license. Even then you are subject to the authority of the police officer, even if he is stupid. A guy got arrested for having a concealed handgun (he had a CHL) in the parking lot of a school, even though the law protects him. He even had the concealed gun law handbook and the cop mocked him and arrested him anyway. So, regardless of what anyone tells you, remember you are subject to the authority of a human being, whether evil, good, or just plain stupid. Your uncle is wrong. You are wrong. House Bill 1815 States (paraphrasing) As long as you're not in a gang, a convicted felon, or in the middle of committing a crime, you may carry a concealed firearm without a CHL in your vehicle. In Texas what is know as "Car Carry" is legal without possessing a CHL. The gun must be concealed. Concealed means out of immediate sight. And you have no duty to inform the LEO in the event of a traffic stop. One must be legally of age to own a handgun. The gentleman you cite for being arrested wasn't a cut and dry example and IIRC still an ongoing case. Last edited on Fri Apr 17th, 2009 02:24 pm by Shorts |
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NavyLT Regular Member
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It is perfectly legal for you to carry a concealed and loaded handgun on your property, en route to your vehicle, and in your vehicle. It becomes illegal if the handgun is NOT concealed, you are engaged in actual CRIMINAL activity, ineligible to possess the firearm to begin with, or in a street gang. http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.46.htm The law applies to anyone who is physically located within the state of Texas. Last edited on Fri Apr 17th, 2009 04:31 pm by NavyLT |
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Adahma Regular Member
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I know my uncle is wrong. What I meant was that the only sure way to not get arrested for carrying in a car is to have your CHL, because my uncle (being wrong) would have arrested you. The point of my comment was to let the person know that regardless of the law you are subject to the person enforcing it. When I said, "The only sure way to transport a firearm is to have a concealed handgun license," I meant that majority of law enforcement will not arrest you because you do have the CHL. That's why I gave the example of the man who was obeying the law, but still got arrested. Regardless if he was perfectly obeying the law and regardless if it will get thrown out of court, you take the risk of getting arrested because of the ignorance of another human being. Carry on by all means....... |
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Shorts Lone Star Veteran
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I see, you're referring to the chance one may have to go through the process if they do encounter an ignorant-to-the-law LEO. |
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NavyLT Regular Member
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Adahma wrote: I know my uncle is wrong. What I meant was that the only sure way to not get arrested for carrying in a car is to have your CHL, because my uncle (being wrong) would have arrested you. The point of my comment was to let the person know that regardless of the law you are subject to the person enforcing it. When I said, "The only sure way to transport a firearm is to have a concealed handgun license," I meant that majority of law enforcement will not arrest you because you do have the CHL. That's why I gave the example of the man who was obeying the law, but still got arrested. Regardless if he was perfectly obeying the law and regardless if it will get thrown out of court, you take the risk of getting arrested because of the ignorance of another human being. Carry on by all means....... Not if you request that a supervising officer come to the scene or you ask the officer to verify the wording of Texas Statute 46.02. You do have the ability to speak to most officers in a respectful manner. Respectfully, if your uncle so blatantly does not know simple laws and would not verify the statute that he is enforcing, he should be in a different line of work. |
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nonameisgood Regular Member 
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NavyLT wrote: There is no requirement to conceal while carrying on your own property, only in a private vehicle. |
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Adahma Regular Member
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Exactly. It really ticked me off to hear him say that. Because I know one day he's going to take someone to jail who didn't need to go. |
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tat2ed_guy Regular Member 
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I was just talking to my brother this weekend that lives in texas. He was pulled over for having to many people in a vehicle without restraints. Long story short he had a raven .25 in his pocket. And the vehicle was his mother-in-laws. He was arrested for outstanding warrants for traffic violations. The LEO officer called to check about him having the pistol and if he was doing something illegal. The LEO (by the prosecutor im assuming) was told that if he wanted to he could charge him with it but it would get thrown out in court because the vehicle is an extension of your home. LEO told him since he was open with him about having it he wasnt going to waste his time with the charge and told him when he is released for the warrents he could pick his gun up at the station. I thought that was AWSOME... NavyLT, your all over this forum arent you? |
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NavyLT Regular Member
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tat2ed_guy wrote:
So are you! :-) |
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NativeTexan Regular Member
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Does the meaning of a personal vehicle extend to a motorcycle with side/saddle bags? |
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tat2ed_guy Regular Member
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Dont take my word for it but as long as it is concealed I would imagine. |
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jrhickman2 Regular Member
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I have read all the postings, & multiple sites. My question is the same as the first guy's. Yes or no. Is it legal to carry my Taurus 24/7 .45 ACP in the holster unloaded with an extra clip (loaded), in the storage compartment of the holster, in my center console? I have yet to get the concealed carry license, due to financial limitations @ the moment. I need to know for sure if it is legal or I should stop as I was robbed @ gun point 3 months ago. |
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nonameisgood Regular Member
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In Texas, if you can legally own a handgun, you may have that handgun in your passenger vehicle so long as it is out of sight. Loaded, cocked, locked, and holstered is fine, as long as it is concealed. Put it in the glove box, in the console, or under the seat. Or lay it on the seat next to you under a jacket. Please make sure you're not going to discharge when you slam on the brakes or as you reach to grab it... |
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NavyLT Regular Member
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How about the actual statute? http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.46.htm 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. |
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NavyLT Regular Member
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jrhickman2 wrote: I have read all the postings, & multiple sites. My question is the same as the first guy's. Yes or no. Is it legal to carry my Taurus 24/7 .45 ACP in the holster unloaded with an extra clip (loaded), in the storage compartment of the holster, in my center console? I have yet to get the concealed carry license, due to financial limitations @ the moment. I need to know for sure if it is legal or I should stop as I was robbed @ gun point 3 months ago. YES. Just curious as to why carry it unloaded, though. |
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nonameisgood Regular Member
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NavyLT wrote: How about the actual statute?That would be the same statute you quoted previously in this same thread, and which apparently didn't answer the question clearly enough for the person asking the question. |
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jrhickman2 Regular Member
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Because I am not familiar with the law on carrying yet. Don't need an unwanted felony for carrying a loaded pistol. My neighbor, a concealed carrier, said if I was traveling over 3 counties I could carry it loaded in my center console. A guy I work with who is concealed carrier, said the law has changed. I could be traveling to get bread @ the convenience store & be armed with it loaded in my center console. I want to be to the "T" when it comes to the law on firearms. |
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NavyLT Regular Member
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The "traveling" statute either got added to or revised. The traveling part is still on the books, to my knowledge. However, the actual statute regarding carrying a handgun in a vehicle ONLY specifies that it has to be concealed and that is all. Does not matter if it is loaded or not, and does not matter if it is concealed on the person or not. AND going between a residence and the vehicle is covered as well. NOTICE, however, the statute does specify only the owner of the vehicle or the operator of the vehicle. A passenger who does not own the vehicle is not covered. Also, "traveling" was defined by the courts as when you leave a place and do not return to that same place during the same day. 3 counties has absolutely nothing to do with it. You go to aunt Judy's house next door and come back in the same day, you are not traveling. You go to aunt Judy's house next door and spend the night, then return, now you are traveling. I don't have the citation to that right at the moment, but it no longer applies to carrying in a vehicle anymore anyway. |
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nonameisgood Regular Member
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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 Regular Member
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Cool, thanks for the knowledge. I will write back here in a little while. |
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essemgy Regular Member
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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 Regular Member
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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 Regular Member
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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 Regular Member
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I'm not certain on a age limit. I'm 29 |
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KBCraig Regular Member
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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 Regular Member
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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 Regular Member
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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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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 Regular Member
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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? ----------------------------- 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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