Carrying A Gun In Texas

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importfan

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What are the laws on carrying a hand gun in the car with out concealed license?Is it ok to have the gun in the front passenger seat and the clip in the glove compartment,being that the glove compartment is a different part of the car?If not,what is a legal way to carry a hand gun in the car?
 
Carry in Texas.

On a recent drive through the state I read up on their laws. From what I can gather, you cannot carry in Texas, open or otherwise, without a permit. It is a massive pain in the a**.
That info came from www.packing.org , then cross referenced on Texas DPS webpage.
If you find out anything new, give us an update.
 
Info.

Peaceable journey law summary:
Date updated: Sunday, April 4, 2004

See the "Car/Gun law summary" section for more info.

There is a "traveling" exemption in the law for non-CHL holders -- it is no longer a "defense to prosecution", but instead renders the prohibition "not applicable" see PC 46.15 of the Penal Code. However, "traveling" is still defined by case law, and varies between jurisdictions. The alleged rule about "crossing two county lines" is case law, and not binding. I wouldn't advise anyone to depend on it.

Summary:

Basically, you have to be directly in route between two distant points. It also must be a "non-routine" trip -- commuting to work doesn't count. Someone from out of state would almost certainly be traveling, but only while actually in transit. Once you get to your destination in Texas, you can't carry it around in your car and claim to be traveling -- at least not until you embark on your return trip home.

Also, this prohibition only applies to handguns. Long guns are not prohibited by this law, although there are some municipalities that have enacted local regulations (which are in violation of state law, but that's another matter).
Click to expand...


This is from packing.org. It appears that, if driving through, with proof of distance, you may be okay depending on the officer. For everyday, it would seem that you are SOL. I would not advise it anyway. If you can, get a permit. It simplifies a lot.

Hope this helps.
 
I live in Texas and I was curious about the same thing so I spoke with an attorney. It is legal to carry a loaded handgun in your vehicle as long as you are traveling. "Traveling," is not defined. I would suspect, as mentioned in the previous posts, that it can not be routine. It seems to be a common sense issue. Don't try to say that you are traveling if you are just driving around in town. The handgun should be out of plain sight. You may not carry it when you leave your vehicle except when going into your hotel or destination(if permitted). If pulled over, again, use common sense. Inform the officer that you are traveling and that there is a weapon in the vehicle. The law is the same for the states surrounding Texas, but I would make a point of finding out the legal requirements/issues in whatever other states you are traveling through.
 
Handgun in Car

I've lived here just about all my life, and I will be the first to tell you that the
laws concerning carrying a gun in the cab of your vehicle are "vague", to say
the least. Correction: laws concerning a "Handgun" are vague.
Whether or not you are charged with a violation may depend on such things
as 'What the officer had for breakfast', or 'What lane you were driving in'.
Maybe even whether or not the officer liked the color of your hat.
You think that all sounds silly? Well, welcome to the world of Texas Justice.

I love Texas, and I would not want to live anywhere else, but the Constitution of this state has needed an overhaul for a long time, and the 'gun' laws are just one good example why. Thank God and George Bush for the concealed carry law. At least that law put into writing EXACTLY what is a violation, and what is legal, at least for CCL holders. The old laws are so vague and open to interpretation that it is usually left up to the officer at the scene to "charge or not charge" on a handgun violation, and then you get to go to the Judge. Don't get me started on that side of things.

I'll give you my advice for carrying a handgun in the cab of your car in
Texas, without a CCL. Don't. Because if you get busted for it, you will
probably spend several thousand dollars keeping yourself out of jail.
Just do what all the old-timers do: get yourself a 12 guage pump shot
gun, or a Winchester 30.30, load it to the hilt, and lay it in the passenger
seat, muzzle on the floorboard. Or lay it in the back seat. As long as it
is visible, it is perfectly legal.

It doesn't make sense to me, either, but that is the way the gun laws
work in Texas.

Walter
 
Born and raised in Texas. Got pulled over by a Texas State Trooper with a pistol in my center console. Kept my hands on the wheel after I turned my vehicle off and informed the officer that there was a firearm present. He asked if I had a license. I said no, but I was returning to Austin from Houston where I was visiting my parents. I had an overnight bag in the back with clothes in it. He said alright then. I also got out of the ticket because he is a Marine as well. SEMPER FI!
 
The laws are pretty much left up to the discretion of the officer. If you look like a gang banger and you get cought with a loaded gun under your seat you are going to jail! I don't have a CHL and been pulled over with handguns in my jeep. It's good to tell the officer that you have a gun and keep it locked up in a compartment with NO AMMO IN THE GUN! Lot's of us shoot IDPA and IPSC with no CHL and have to transport the guns back and forth to the range. I even take my handguns to work from time to time to show my boss and coworkers new guns. I even live in Harris county (Houston).

If you want to carry a loaded handgun in your car in Texas you need to have a CHL. It just makes things much easier.
 
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