Fuzzy Texas law.

B

bentol888

New member
I live in Texas and last september legislation was passed that made it legal to carry a firearm in your auto (conceled) without a carry permit with some obvious exemptions. Those being that you are law abiding, not intoxicated, etc. Doing some research online, I was reading that if being pulled over for a routine traffic violation and a LEO discovers that you do have a firearm witout a carry permit they will still take you in. Does anybody have anything that would help me understand the law better? I do not yet have my CCL but will be driving Austin/Dallas quite often and would feel more comfortable carrying especially since Ill be doing most of the commuting at night. Any LEO's (or anybody) with input on the matter?
 
No, we can't have them in the open in Texas. As for the "new" law, I've talked to several sheriffs I know in different parts of the state and it pretty much depends on the sheriff in charge of your jurisdiction as to whether they will recognize the law. Just my opinion but if they did take you in, you'd prolly get it dropped but only after spending a butt load on a good lawyer.
 
I carry in my car, nearly everywhere I go. I never tell them I got it, if they never ask. I got a spot they wont find if they do search, with out s sniffer dog anyhow. It is supposidly legal, and Im all about pushing the limits, but stayin just under. :D
I carry the paperwork in my car citing the date and number of the friggin thing,. I forget what it was called, thats why i carry the official printout.
 
I carry in my car, nearly everywhere I go. I never tell them I got it, if they never ask. I got a spot they wont find if they do search, with out s sniffer dog anyhow. It is supposidly legal, and Im all about pushing the limits, but stayin just under.
I carry the paperwork in my car citing the date and number of the friggin thing,. I forget what it was called, thats why i carry the official printout.
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Get your CHL and you won't have to worry bout it. ;)
 
Walter, I got the info online somewhere and it reads the exact same thing about the D.A in Houston as well. In fact, his comments are the reason I'm confused. Thanks for the link. BTW armedtotheteeth, the no is "HB823"
 
defense to prosecution.

have not looked at the law, just shooting in the dark here. I know the carry of a handgun in texas at one time was called unlawful carrying of a weapon. UCW. there were defenses to prosecution, such as going hunting, going to or coming from a firearms dealer or gun show, traveling. maybe a few more. the way the defense to prosecution worked you had the burden of proof that you met one of the defenses to prosecution. if you could not prove on the street, you ran the risk of being booked. for instance if you were found carrying a pistol in the glove box at 1:00 AM in Dallas and you resided in Dallas, and you did not have a coondog in the back of your pickup, you would be arrested. at your court hearing or anytime between arrest and hearing you produced proof of your honest intentions of complying with the law the charges would be dropped. i understood the castle law and the additional coverage of your vehicle as being another defense to prosecution.
 
birdshot, you are correct about the law. But on sept 1 2007 they changed it to where it is now (supposedly) you are lawfully permited to keep in the car at all times regardless of the past restrictions.
 
Thanks Bentol, i was fixxin to head out ot the car to see what the hell it was. I am in the process of getting my CHL, and my pilots licence, and my Airframe licence and my FCC licence and blah balh balh. to many damned licences. I Think Obama is just gonna take them away anyhow, if he gets his way.
 
it seems to me that if they drag you in contrary to the law, after the smoke clears you will get your money back and a chunk for theirs also. OK not their personal money but the county/ department that heaped this false arrest on your head.

I not familiar with Texas law nor am I a lawyer. I would consult one.
 
You would think so, right? Would'nt they be breaking the law by bringing you in for something the law states that you CAN do. Ironic? And just for the record, I do not recommend keeping a firearm in an auto at ALL times. Too many kids breaking into cars for me to ever do such a foolish thing. I'm talking about when I'm going to be on the road for hours at a time, mostly in my car or travelling overnight.
 
This topic is confusing because there have been laws passed in the last two legislative sessions regarding carrying a handgun in the car.

The first law was vague enough that anti-gun DAs thought they could get away with ignoring it. Many publicly stated that they would continue to instruct the officers within their jurisdictions to make arrests as before.

The next legislative session (2007) saw a new law passed. It is not vague and to date I am not aware of any DAs stating that they intend to try to continue with "business as usual". Under the new law which is very clear, it would be very difficult to arrest or prosecute someone for simply having a handgun in the car since it is no longer defined as an offense in the Penal Code. I would think there would definitely be legal recourse for someone who was arrested.

The gun MUST be concealed for it to be legal.
 
Thanks JohnKSa. That was a very informative answer. And it is exactly what I thought as well. Im thinking about printing out the penal code and having it in the car with me like armedtotheteeth just in case.
 
I read about the new law and some comments on it. Based on my understanding you can still be arrested and brought to court if a LEO discovers you have a firearm in your vehicle but the law clearly states what the jury's decission will be in that case. If you can legally own a firearm than you were "travelling" and the jury MUST find you not guily.

I don't think you will get into trouble unless the firearm is on you (on your body).
 
zbordas,

I believe you are not referring to the new law but rather one of the older versions.

Currently having a handgun in the car is not an offense under the penal code if you follow the restrictions therein. You can not reasonably be arrested if you have not committed an offense--in other words saying you can be arrested under the current version of the penal code for having a handgun in the car that is not openly displayed is like saying you can be arrested for chewing gum. Neither action is an offense under the current law.

Furthermore, as long as the handgun is concealed it can be on your person while you are in the car or carrying it from your house to the car.
 
John,

Thanks for the clarification. Based on my understanding the law has not changed they just clarified "travelling". It probably depends on if the officer really want to screw you.
Would be nice to hear what a TX LEO says here...
 
Based on my understanding the law has not changed they just clarified "travelling".
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That is not the current law, that is the version passed, not in the latest legislative session, but in the one before it. That law created the presumption of travelling if you met certain criteria, the point being that a person in TX has been allowed to carry a handgun in the car while travelling for many years.

The new law passed in the latest legislative session changes the penal code in such a way that carrying in the car is not an offense if you meet the criteria listed. It does not have anything to do with travelling.
 
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