Handguns in texas (Howe: sale, transporting, crime)

[Cougar31]

hello everyone!
what is the official policy regarding handguns for people who do not have the CHL in Texas?

Can a person carry a handgun in his/her vehicle?

Thanks,

[texas7]

Only when traveling. Now this next part I am not sure about but I "think" the ammo and the weapon have to be separate. Like the gun in the glove box and ammo in trunk but not 100% sure about that statement. They talked about it in my CHL course but since I am a CHL holder, wasn't worried about the rules for non CHL holders at the time.

[tac2008]

The ammo does not have to be separate. The gun can be loaded. The "traveling" requirement is also outdated. As of September 2007 any Texan can legally have a handgun in his/her car as long as it concealed, and the person is legally eligible to own it, is not part of a criminal street gang, and is not committing any crime other than a class c misdemeanor.

[gsmj]

Texas Penal Code, Section 46.02 outlines what you can, and cannot do with regards to carrying firearms in Texas:

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 and 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 or watercraft 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 or watercraft 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 or boating;
(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.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(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.

Source: PENAL CODE CHAPTER 46. WEAPONS

Summary: You can conceal carry a loaded handgun in your vehicle, and while moving the weapon to and from vehicle/watercraft/RV to your residence. You can open carry your firearm on your property or property that is under your control (friend's property).

*You can also open carry a loaded long rifle anywhere so long as it's done in "a manner not calculated to cause alarm", per Texas Penal Code Section 42.01. That's open to interpretation, but in the military, carrying in such a manner meant the rifle was slung over the back, muzzle pointed down towards the ground. It's also open to interpretation as to whether a D.A. would want to charge you for properly carrying your rifle in public, if it was simply for attention gathering purposes, I.e. 2nd amendment protesting, etc.

Source: PENAL CODE CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES

NOTE: The Federal Gun Free School Zone Act trumps state law but is typically only applied if you are caught with a weapon in your vehicle within 1,000 feet of a school zone (roadways passing a school count) and are already charged with another crime greater than a Class C Misdemeanor, i.e. traffic citation.

Example: You are arrested and charged with DUI/DWI in a school zone. Search of your vehicle produces your legally owned firearm that is properly concealed/stowed. The D.A. can opt to pursue the federal charge of illegally carrying a firearm in a federal gun free zone, which can be up to a 5 year/$5,000 dollar fine plus you WILL be put on a permanent federal firearm ban list. In other words, don't carry in your vehicle if you are going to go drinking and might have to drive past a school zone at some point.

Source: 18 USC § 924 - Penalties | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

When it comes to transporting weapons across state line, you are allowed federally under the provisions of the Federal Firearms Owners Protection Act. You may also keep your weapon with you, and loaded, in your hotel room. However, you must still comply with all local and state laws. This gets tricky because some jurisdictions are very weapon-restrictive and have been known to purposefully enforce their local statute on a traveler. It really is best to check the local laws for all states you might cross, including any you will fly over if you travel with a firearm in your checked bag. If you must make an unscheduled landing in another city and are laid-over for the night, you might not legally be allowed to possess your weapon in said jurisdiction (i.e. states/cities that enacted their own version of the now expired Federal Assault Weapon Ban).

Source: NRA-ILA | Guide To The Interstate Transportation

[lipbalm]

Originally Posted by gsmj

Example: You are arrested and charged with DUI/DWI in a school zone. Search of your vehicle produces your legally owned firearm that is properly concealed/stowed. The D.A. can opt to pursue the federal charge of illegally carrying a firearm in a federal gun free zone, which can be up to a 5 year/$5,000 dollar fine plus you WILL be put on a permanent federal firearm ban list. In other words, don't carry in your vehicle if you are going to go drinking and might have to drive past a school zone at some point.

That is always good advice.

[Cougar31]

Thanks for this great info!

Originally Posted by gsmj

Texas Penal Code, Section 46.02 outlines what you can, and cannot do with regards to carrying firearms in Texas:

Source: PENAL CODE CHAPTER 46. WEAPONS

Summary: You can conceal carry a loaded handgun in your vehicle, and while moving the weapon to and from vehicle/watercraft/RV to your residence. You can open carry your firearm on your property or property that is under your control (friend's property).

*You can also open carry a loaded long rifle anywhere so long as it's done in "a manner not calculated to cause alarm", per Texas Penal Code Section 42.01. That's open to interpretation, but in the military, carrying in such a manner meant the rifle was slung over the back, muzzle pointed down towards the ground. It's also open to interpretation as to whether a D.A. would want to charge you for properly carrying your rifle in public, if it was simply for attention gathering purposes, I.e. 2nd amendment protesting, etc.

Source: PENAL CODE CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES

NOTE: The Federal Gun Free School Zone Act trumps state law but is typically only applied if you are caught with a weapon in your vehicle within 1,000 feet of a school zone (roadways passing a school count) and are already charged with another crime greater than a Class C Misdemeanor, i.e. traffic citation.

Example: You are arrested and charged with DUI/DWI in a school zone. Search of your vehicle produces your legally owned firearm that is properly concealed/stowed. The D.A. can opt to pursue the federal charge of illegally carrying a firearm in a federal gun free zone, which can be up to a 5 year/$5,000 dollar fine plus you WILL be put on a permanent federal firearm ban list. In other words, don't carry in your vehicle if you are going to go drinking and might have to drive past a school zone at some point.

Source: 18 USC § 924 - Penalties | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

When it comes to transporting weapons across state line, you are allowed federally under the provisions of the Federal Firearms Owners Protection Act. You may also keep your weapon with you, and loaded, in your hotel room. However, you must still comply with all local and state laws. This gets tricky because some jurisdictions are very weapon-restrictive and have been known to purposefully enforce their local statute on a traveler. It really is best to check the local laws for all states you might cross, including any you will fly over if you travel with a firearm in your checked bag. If you must make an unscheduled landing in another city and are laid-over for the night, you might not legally be allowed to possess your weapon in said jurisdiction (i.e. states/cities that enacted their own version of the now expired Federal Assault Weapon Ban).

Source: NRA-ILA | Guide To The Interstate Transportation

[979Texan]

The cops aren't going to prevent an armed criminal from doing you harm so best to be armed yourself.

[War Beagle]

Originally Posted by tac2008

The ammo does not have to be separate. The gun can be loaded. The "traveling" requirement is also outdated. As of September 2007 any Texan can legally have a handgun in his/her car as long as it concealed, and the person is legally eligible to own it, is not part of a criminal street gang, and is not committing any crime other than a class c misdemeanor.

Yep, this is correct. You don't need a CHL to carry in your vehicle, but the handgun DOES need to be concealed.

[PedroMartinez]

I'm getting my CHL this Saturday.

[txdemo]

I don't plan on ever owning a gun. Will you folks be kind enough to protect me in case of zombie apocalypse?