"Travelling" in Texas (Harris Co)

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zxcvbob

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If I'm travelling in Texas and have a loaded handgun in my truck, where is it supposed to be? I know it's legal, but not sure what the rules (written and unwritten) are.

This will mostly be in Harris County, which is why I mentioned the "unwritten rules" part.
 
You are permitted to carry a concealed firearm in Texas while you are traveling whether you possess a CHL or not; however, AFAIK, what constitutes "traveling" is far from clear and and you could still wind up getting arrested.

My advice is to keep your handgun (loaded or unloaded, does not matter) in your glove box and you will be exempt from the "travel" restriction.
 
I figured with MN plates it was pretty obvious I more than met the minimum requirement for "travelling" (and I still talk with an East Texas accent, so I'm not likely to be mistaken for a Yankee ;))

...permitted to carry a concealed firearm in Texas while you are traveling
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That's just in your vehicle though, right?
 
That's just in your vehicle though, right?
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That's the sticky part. There is no definitive statutory explanation of "traveling", leaving the individual traveler in rather a confusing situation. If you stop for fuel and exit your vehicle to fill up, are you still traveling? What if you stop to grab a bite to eat? What about if you go to a mall for some shopping? These vagaries make it a rather touchy state of affairs. I recommend keeping your handgun in your glovebox, and then you will have no worries.
 
Perfectly legal to cary a loaded handgun in a vehicle in Texas. It must not be visable. It MUST be concealed. Not visable to the casual observer.
 
So as I read the statute, I can legally carry a handgun in the car as long as it's out of sight, but as soon as I take it out of concealment (presumably in a SD situation that is, not just to carry to and from my house), it's illegal? What's the use? Is this solely designed to help with transport and nothing else?
 
which is why I mentioned the "unwritten rules" part.
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zxcvbob,

No sweat. You can carry a club, illegal knife (that's a knife with 5.5 inch or over blade, sword, dagger, dirk, spear, yes you heard me, spear) or handgun as long as it's concealed. It MUST be concealed.

Your New Mexico plates will not tip off anything to a LEO. If you are speeding, you are speeding, if you are driving reckless, you are driving reckless. They will presume you may have a weapon (as I'd expect them to.)

Just talk to them honestly. If they ask if you have any weapons, say, "Sir, I have legal weapons on board." Just keep your hands on the stearing wheel and tell the cop, "and how do you wish to proceed sir".

I've never had any problems with the LEOs here in Texas, and I've been stopped maybe 5 times.

Just play square with them.
 
Before the CHL rules were applied a "bonafide traveler" in the State of Texas was interpretated as anyone that commutes between counties where that travel is not part of the normal daily commuting activities.

Today...without the CHL...I'm not totally positive but if it's concealed...who knows?
 
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You are permitted to carry a concealed firearm in Texas while you are traveling whether you possess a CHL or not; however, AFAIK, what constitutes "traveling" is far from clear and and you could still wind up getting arrested.
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This was true a few years back but now it's been clarified by the legislature. The law now says that if it's concealed and you're not breaking any laws (other than perhaps traffic regulations) then you're legal even without a permit IN YOUR CAR. You may NOT carry it outside your car without a permit.
 
To be clear...The gun must be concealed. That can be trunk, glove box, under the seat, console - whatever. Technically you can carry the gun on your person while in the car, but our CHL instructor advised against it, as it is a recipe for mistakes.

If you use the gun in a justifiable way (even removing it from your car to defend yourself), you are OK.
 
To be clear...The gun must be concealed. That can be trunk, glove box, under the seat, console - whatever. Technically you can carry the gun on your person while in the car, but our CHL instructor advised against it, as it is a recipe for mistakes.

If you use the gun in a justifiable way (even removing it from your car to defend yourself), you are OK.
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Thanks, that's what I thought but didn't know if it was supposed to be concealed on in plain sight.

(driver's side door-pocket)
 
General rule for TX Traveling was crossing 3 county lines.

Put the pistol in the console or under your front seat and you will be good.
 
I don't see anything here about traveling. I think that was an old law no longer in effect.
http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf
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PC W6.02. 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-I) 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 .Of.(a2)
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I think you just have to be in your car or on your way to your car, and not be a felon or about to become a felon.

I am not an attorney, do not play one on TV, and probably don't know what I'm talking about. My legal opinion is worth even less than you paid for it...
 
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but as soon as I take it out of concealment (presumably in a SD situation that is
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that is a sticky situation even with a license. The law states that it is illegal to display the gun in public unless you already have the legal right to use deadly force. This presumes we are all as fast as John Wesley Hardin.
A Texas DPS trainer deemed this poorly written and hopefully not to be interpreted literally against a person prompted by reasonable apprehension.

The "traveling" exemption was a read herring for about 100 years but "traveling' is pretty much a moot concept now. A few years ago, the legislature defined traveling as to apply to anybody going anywhere in a vehicle. The DA in Harris County said that he did not agree and would direct officers to arrest people with guns in their cars anyway. The leg came back and declared it legal to carry a handgun and other weapons out of sight in a motor vehicle so long as you are not engaged in a criminal activity or otherwise forbidden from owning a handgun or weapon.
If a law officer asks you if you have a gun in your car, it would be a good idea to tell him the truth> Licensees have to show their licenses without being asked if the officer asks for ID but others have no obligation to volunteer the information.
For the most part, state troopers are extremely cool about the situation. Ive been stopped a number of times and have followed the legal prescription about showing the handgun license along with the drivers license.One night I was busting along five or so miles above the legal limit when the lights came on. I showed t he trooper the licenses and He asked where I was wearing the gun. I told him and volunteered that the other two guys in the car had them too. One guy said, " But I'm not wearing mine right now." The trooper responded, " Well, whats the matter with you????"

It is important not to surprise the officer with your gun. for instance, if you keep your title or proof of insurance in the same container as your gun, you don't want to pop open the console or glove box without first advising the officer that a gun is in there.
 
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