Texas Law for carrying in a vehicle ???

T

Twebster

Inactive
I searched for a previous post and could not find an answer so I will ask. I travel from Paris Texas to Houston Texas several times a year to visit my father. I usually have my 7 year old son with me. I want to take my pistol for protection but I dont know if I can or not. I asked many people this question and heard my different answers.

Can I keep a loaded pistol in my vehicle when driving without a CHL?

I asked a police officer first and he said that i actually can't keep it loaded but it depends on who pulls you over if you get in trouble. There is no point taking a unloaded pistol it will be as much use as a rock. Maybe I can throw it at them.

I asked a sheriff and he said I think you can have a loaded pistol in you vehicle if you are traveling. I asked him whats the definition of traveling and he told me 30 miles or more.

I asked the gun shop owner in town and he told me he swears that the new law states you can have a loaded pistol in your vehicle traveling or not. That the police or anybody does not want to advertise this.

I only want to be able to carry when I go out of town. I dont care to carry going down the street to a store or anything like that. I dont have a sure enough answer to go ahead a carry it in my vehicle because it not worth risking getting in trouble. :confused:
 
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I think this belonged more in Legal and Political than here.... you also might want to ask this question at this site:

http://www.usacarry.com/forums/forumdisplay.php?f=48

Obviously I'm not from Texas and the expert but I believe you can carry a loaded gun in your car in Texas with out a permit. One area in the state pushed the old law that said you had to be traveling so that if you were just 'driving around' you could be prosecuted but the law was changed this past year.

For what it's worth, you would be better served to get a carry permit and then use it. One of the best parts in many states about getting a permit is that you have to learn the gun laws for that state. Unfortunately then you will learn, as you already have, that you are better informed than most law enforcement officers.
 
Yes, in the state of Texas you can now carry a loaded gun in your car without a permit and there are no requirements you have to meet (no traveling a certain distance or anything like that) other than it must be concealed (glovebox, center console, under the seat, etc). This is all due to Governor Perry signing the Castle Doctrine, and the bill went into effect as of Sept. 1st '07. This should be the entire bill: http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/SB00378I.htm

The gun can in fact be loaded, so that LEO was incorrect. Part of the reason this law was enacted is to protect against prosecutorial abuse. The former Houston DA, Chuck Rosenthal, was notorious for instructing LEO's to arrest anyone with a gun in their car if they didn't have a CHL and let the courts sort it out. I think it's obvious why that's a bad thing as it subjects people to unnecessary litigation, expense, and forces people to prove they are innocent, were "traveling" at the time or what have you. In a judicial system that is supposed to presume innocence until proven guilty, the effect would basically be the opposite; guilty until proven innocent. Long story short, Chuck just resigned his commission a little over a week ago amid a scandal involving his in office extra marital affair, racist emails found on his computer, and some other pretty unsavory conduct in regards to litigation. The Castle Doctrine was designed to provide a legal guideline to protect against these sorts of abuses.
 
Can I keep a loaded pistol in my vehicle when driving without a license?
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Yes, you can keep a loaded pistol in your vehicle. Shadow1198's summary of the law matches what I understand it to say. FWIW this law earned itself a newspaper report because some LEOs were concerned that it could allow people to circumvent the CHL requirements. :rolleyes:

OTOH driving without a license is a Class C misdemeanor for which you CAN be arrested under certain circumstances. :p

(I know what you meant. I'm just giving you grief about your wording.) ;)
 
I've expressed this before - get a CHL. Dr. Gratia-Hupp argued for the CHL law because her damn gun was in car when she saw her parents killed.

How many people are attacked in a moving car?
 
How many people are attacked in a moving car?
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FWIW I don't mean to hijack this thread, but I would never draw a gun on a BG while I'm seated in a car. I would be a stationary target with constricted movement while the BG would have mobility on their side.

FWIW I once read a report saying that if you're in a carjacking situation and you can't use the car to get away, your first priority should be to get out of the car at all costs, even if the BG is holding a gun on you. The report suggested that if you do get trapped in the car with the BG, you should purposefully ram another car (if the BG forces you to drive) or bail out at speed (if the BG is driving). Your chances of survival in any of these 3 circumstances (jumping out on a gun-wielding BG, ramming, or bailing) are better than your odds of survival if the BG takes you to his or her eventual destination. :eek:
 
Yes, you can. It's amazing to me that the police you asked could not answer that. Although it's legal, that might give you some indication of what you might be subjected to if you are pulled over by an LEO who doesn't bother to stay informed.
 
IMO, even if a guy tries to carjack you and pulls a gun on you, and then you in turn pull a gun on him, honestly I think at that point most carjackers would take off running. If you were in an extremely nice car worth LOTS of money, I can see them maybe wanting to fight for it but, in most cases I'm sure they'd much rather give up and try someone else than have a shootout. As always, you can never predict what people will do, but I'm not giving up my property, that's for sure. Besides, if you have a loaded gun in the car, you basically have 2 choices. You can get out and let him take the car, probably affording you the best chance of remaining uninjured. Though he'd definitely find the gun, and in the event that he takes it and uses it to commit a crime, should you live in the communist republic of some state in this union you might face charges. So if you decide to take the gun with you when you get out of the car, he's gonna see it anyways and you could have a bad situation on your hands. IMO surprise is better. It may not necessarily be the "best" way, but god forbid I have to endure such a situation. I'm pulling my gun and screaming in his face GET THE F*CK OUT OF HERE! That and a big old 45acp barrel a few feet from his face is sure to mess with his ooda loop. ;)
 
"I've expressed this before - get a CHL. Dr. Gratia-Hupp argued for the CHL law because her damn gun was in car when she saw her parents killed."
I am thankful for her help on getting CHL approved, even if I had to loan her a revolver to make a documentary for German TV.
 
So long as the handgun is not in plain view, you are not engaging in criminal activity, you are not prohibited from possessing a gun (convicted felon), or you are not a member of a street gang, you should be ok.

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.
(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.
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 109, ch. 49, Sec. 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 14, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, Sec. 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, Sec. 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 262, Sec. 21, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 873, Sec. 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 168, Sec. 1, eff. Sept. 1, 1991. Redesignated from Penal Code Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, Sec. 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 998, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 24, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 1, eff. September 1, 2007.
 
This might be a dumb question, and you might have personal reasons, but why not just get your CHL?

I'm just asking, certainly not bashing you for not having it.
 
The OP has pretty much been answered, so I don't feel too guilty about a minor hijacking:

FWIW I once read a report saying that if you're in a carjacking situation and you can't use the car to get away, your first priority should be to get out of the car at all costs, even if the BG is holding a gun on you. The report suggested that if you do get trapped in the car with the BG, you should purposefully ram another car (if the BG forces you to drive) or bail out at speed (if the BG is driving). Your chances of survival in any of these 3 circumstances (jumping out on a gun-wielding BG, ramming, or bailing) are better than your odds of survival if the BG takes you to his or her eventual destination.
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What about unintended consequences of this advice? Those statistics of end results of courses of action during a carjacking were obviously from before people were told to get out of the car at all costs. It's quite possible that very strange and incongruous behavior from hijacked drivers could get them killed more often than careful action or even compliance.

I'm not saying that complying with the demands of a carjacker is necessarily a good idea. I just think that some people's interpretation of "getting out of the car at all costs" could be more harmful to their health than going for a joy ride with the carjacker.

Common sense is in short supply these days. If you give out advice, you have to be prepared for someone to follow it literally, with no evaluation on their part. :(
 
You have to be 21 to get a CHL but only 16 to get a drivers license. What can a 17 YO carry in a vehicle that is legal? Shotgun under the back seat? Would a 17 YO be able to keep a handgun in the car?
 
Sam, that would depend on state law.... but I'm pretty

sure 18 is the cut off point.... but folks in texas can better answer that. I'm out of the loop on this age thing by 30+ years. Also, times have changed. I grew up carrying and driving around with both a loaded handgun and shot gun in my car when I was a teenager and never thought anything about it and neither did the police. This was in a very rural county in S.C back in the 70's.

As for the statement above about an armed car jacker getting in the car and you pulling a gun on them and that being enough to make them run off.....
STUPID IDEA!
'sorry to yell'... if I pull a gun on someone with a gun, either they or I are not going to be running off. In that situation I would not pull the gun unless I was going to shoot them... it is ONE move.
 
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