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Old 04-03-2007, 06:56 PM
tlw tlw started this thread
 
57 posts, read 279,408 times
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Thanks for the replies. Not concerned about the conceal license at this point. Was concerned with having to have something similar to the FOID card which is required here. If you are found with a firearm and no FOID card they will take your gun instantly and charge and fine you for not having a card. Doesn't matter if you are in your home, private property, hunting, or out in the middle of the woods plinkin targets. It doesn't deter anything...........just another tax.
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Old 04-05-2007, 09:02 PM
 
321 posts, read 1,051,677 times
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Default Guns layperson knowledge

Quote:
Originally Posted by tlw View Post
Could someone please tell me about firearm laws in Texas?
Anything needed to simply own one? How bout transporting it or buying ammunition?
These laws can really vary from state to state.
Thanks for your help.
You need a license to carry a firearm... You can carry a gun in your vehicle from business to residence or residence to residence... No fire arms in places where they serve alchohol. You will need to register to buy a firearm... Firearms are necessary in Tx esp for Ranchers who are victims of illegals and trespass on their ranches.... Texans are often victims of over the boarder crimes... and ranches are very lonely places.... a gun is a needed protection where law cannot get to help in a reasonable length of time...
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Old 04-06-2007, 01:29 AM
 
79 posts, read 265,120 times
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Quote:
Originally Posted by caendaniels View Post
Bought a handgun 10 years ago had to waitaybe 3 days. Bought another one 5 years ago had to wait 3 hours. Just long enough for a "background check". Transporting is only from the store to your house. Or from your house to the gun range. etc, you get the point. You can not just carry it in your car. While transporting the weapon and ammo must be stored unloaded and not in reach. i.e. in the trunk. Concealed carry permit license nullifies these restrictions, but needs renewal. I am not sure that a Permit nullifies the "background check" I think that goes either way. New law as of Sept 1st Texans now have the right to defend their vehicle and place of business from attackers.
I believe you are mistaken. It is my understanding that one may carry a concealed, loaded weapon in one's vehicle if travelling, though some renegade DAs and others may not agree. See this http://www.aclutx.org/files/070226GunReportFinal-2.pdf link [page 4] and this http://www.governor.state.tx.us/divi...005-06-17.3619 press release [reference HB 823].
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Old 04-08-2007, 10:54 AM
 
Location: Wichita Falls, Tx
90 posts, read 350,065 times
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Quote:
Originally Posted by starfields View Post
I believe you are mistaken. It is my understanding that one may carry a concealed, loaded weapon in one's vehicle if travelling, though some renegade DAs and others may not agree. See this http://www.aclutx.org/files/070226GunReportFinal-2.pdf link [page 4] and this http://www.governor.state.tx.us/divi...005-06-17.3619 press release [reference HB 823].
Traveling and transporting are not the same. Transporting to the gun range or from the gun store. "Traveling" in your reference is left up to the jury to decide, if there is ever a question. An officer pulls you over, you have a loaded weapon in reach and no concealed carry permit. "Traveling" in this case as a defense works great with a State Trooper, especially when you live in Dallas, stopped in Waco and you say your headed to Austin. However "traveling" a defense does not work always work well. A loaded weapon in reach and no cocealed carry permit and stopped in town. I live in Dallas and I am stopped by Dallas Police Department, you say headed to Irving. "Traveling" is not neccesarily a good defense here. The officer in both cases has a judgement to make, with a loaded weapon in reach of the occupant and the occupant is not "permited" to carry it. If the Officer's judgement is in error a Judge or Jury of your peers will side with you, not the Officer. All of this is avoided with a concealed carry permit. I thought it a good idea not to bombard a new person with every possible situation. You know something simple and friendly like, don't take it anywhere loaded unless you have a concealed carry. To and from the gun range and home from the store is ok. Just carring it around is not ok.
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Old 04-10-2007, 02:43 AM
 
79 posts, read 265,120 times
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Quote:
Originally Posted by caendaniels View Post
Traveling and transporting are not the same. Transporting to the gun range or from the gun store. "Traveling" in your reference is left up to the jury to decide, if there is ever a question. An officer pulls you over, you have a loaded weapon in reach and no concealed carry permit. "Traveling" in this case as a defense works great with a State Trooper, especially when you live in Dallas, stopped in Waco and you say your headed to Austin. However "traveling" a defense does not work always work well. A loaded weapon in reach and no cocealed carry permit and stopped in town. I live in Dallas and I am stopped by Dallas Police Department, you say headed to Irving. "Traveling" is not neccesarily a good defense here. The officer in both cases has a judgement to make, with a loaded weapon in reach of the occupant and the occupant is not "permited" to carry it. If the Officer's judgement is in error a Judge or Jury of your peers will side with you, not the Officer. All of this is avoided with a concealed carry permit. I thought it a good idea not to bombard a new person with every possible situation. You know something simple and friendly like, don't take it anywhere loaded unless you have a concealed carry. To and from the gun range and home from the store is ok. Just carring it around is not ok.
I would hope that Dallas DAs and POs have better things to do than illegally prosecute non-crimes, and, hopefully, the Texas Legislature will soon clarify their earlier clarification.
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Old 04-11-2007, 01:53 PM
 
Location: Sand Springs, OK
634 posts, read 1,726,438 times
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Question, we will be moving from CA to TX next year. My husband bought a firearm last year here in CA, registered and everything. When we are in the process of moving from here to TX does anyone know if we will need a special permit to do so? It wouldn't be loaded, it's just packed with our moving stuff. Also, once we get to TX, we don't need to carry a concealed weapon just have it at the house. So is there anything we need to register or some sort of license to just have it at the house?

Thanks
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Old 04-11-2007, 07:01 PM
 
Location: Wichita Falls, Tx
90 posts, read 350,065 times
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Quote:
Originally Posted by seahawksweetie View Post
Question, we will be moving from CA to TX next year. My husband bought a firearm last year here in CA, registered and everything. When we are in the process of moving from here to TX does anyone know if we will need a special permit to do so? It wouldn't be loaded, it's just packed with our moving stuff. Also, once we get to TX, we don't need to carry a concealed weapon just have it at the house. So is there anything we need to register or some sort of license to just have it at the house?

Thanks
No license, or permit for the house.
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Old 12-05-2007, 11:22 PM
 
36 posts, read 82,892 times
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so you dont need a permit or license to take a gun from the store to your house?
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Old 12-06-2007, 08:01 AM
Status: " On and off line interchangeably" (set 14 days ago)
 
9,824 posts, read 11,360,258 times
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Quote:
Originally Posted by Cowboybootnut View Post
I bought a handgun before Christmas, filled out a bunch of paperwork, and they called a number for the National Instant Check System. I walked out with the gun the same day, after about a 10 minute wait.
This is correct. I bought a new handgun a couple of years ago, and two shotguns last year around Christmas, and after filling out the paper work, they did the instant background check and I walked out with them in each case. So unless something has changed in that time, there is no waiting period in Texas.
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Old 12-06-2007, 08:34 AM
Status: " On and off line interchangeably" (set 14 days ago)
 
9,824 posts, read 11,360,258 times
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Quote:
Originally Posted by caendaniels View Post
Traveling and transporting are not the same. Transporting to the gun range or from the gun store. "Traveling" in your reference is left up to the jury to decide, if there is ever a question. An officer pulls you over, you have a loaded weapon in reach and no concealed carry permit. "Traveling" in this case as a defense works great with a State Trooper, especially when you live in Dallas, stopped in Waco and you say your headed to Austin. However "traveling" a defense does not work always work well. A loaded weapon in reach and no cocealed carry permit and stopped in town. I live in Dallas and I am stopped by Dallas Police Department, you say headed to Irving. "Traveling" is not neccesarily a good defense here. The officer in both cases has a judgement to make, with a loaded weapon in reach of the occupant and the occupant is not "permited" to carry it. If the Officer's judgement is in error a Judge or Jury of your peers will side with you, not the Officer. All of this is avoided with a concealed carry permit. I thought it a good idea not to bombard a new person with every possible situation. You know something simple and friendly like, don't take it anywhere loaded unless you have a concealed carry. To and from the gun range and home from the store is ok. Just carring it around is not ok.
This is some good advise.

So far as Texas law on "carrying" goes, it has been my experience there is a lot of misinformation out there. In fact, even many attorneys and law enforcement people are not always in agreement, especially when it comes to that "travelling" provision. (let me backtrack a minute and say I am referring to carrying handguns. A rifle or shotgun can be legally carried in a vehicle at all times).

But back to the point, naturally, having a CCL is the best way to go so far as being pretty safe to have one on your person or in your car (although as noted, prohibitions exist even there...such as in bars). But if one DOESN'T have a carry license is where it can get a little confusing.

The law is pretty clear on that a person has a right to carry on their own premises or premises under their control (such as your own business, or even if you are an employee, if the boss allows it). Also, if one is engaged in a "lawful sporting activity" (such as hunting, target shooting, etc) IF the handgun is commonly used in such a sport.

The REAL kicker over all these years has been the "travelling" provision. For a long time, prosecution for carrying a deadly weapon "did not apply" to someone who was "travelling." Problem was, "travelling" was never defined in the penal code, and case law was very unclear on the matter.

A popular opinion/general rule of thumb emerged (but this was a lot of "urban legend" as well) that to be "travelling", one had to cross a couple of county lines and/or it be an overnight trip. But this was never official, and what it REALLY came down to was the judgement of the law enforcement officer as to whether or not you were subject to arrest and, later, the DA's office if subject to prosecution and, still later, if it went that far, a jury to decide if you were actually "travelling."

Needless to say, there was a LOT of room for abuse and problems. Especially if the officer who stopped you may have woke up on the wrong side of the bed and, even if you had a backseat full of suitcases, and your drivers license indicated a Lubbock residence and you were stopped in Austin, he just decided he wanted to haul you in anyway!

LAST year though, this changed somewhat. The penal code now "presumes" that a person IS "travelling" if they are in a motor vehicle away from home, they may otherwise lawfully possess a handgun, they are not engaged in criminal activity beyond a Class C misdemenor (i.e. traffic ticket offence), are not a member of a known street gang and, the handgun is not in "plain view."

This IS a lot better..and the intent seems to be fairly clear. BUT...it still leaves a lot of discretion up to that proverbial officer who just may not like your looks or just decides to be ornry! Or, as has been mentioned, certain overly-zealous DA's in some large urban areas (such as Houston) who have stated they will continue to prosecute regardless. (To be fair and go by experience though, I truly believe most Texas law enforcement personel, especially if they are natives, will go by the seeming intent of the new travelling provisions).

Personally, I think a lot of trouble could be saved by the Texas Legislature by just deleting the "travelling" exception altogether and just come right out and say a person who meets the qualifications noted above may keep a handgun in their vehicle!

Hope I haven't rambled too much!
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