Truck guns and Texas

H

Hedley

New member
Sorry if this topic has been beat to death, but is it legal for me, a non-CCW holder in Texas, to have a loaded rifle behind the seat of my truck? I usually keep either a 336 or a Norinco under the rear seat of my extended cab in a hard case, loaded with an empty chamber. I put it in the truck before I go to work(not a problem leaving it in the truck, as I park it in my shop), and I bring it in with me when I get home. I never leave the rifle in the truck unattended.

I've heard that the long gun can be loaded, while others say the ammo has to be out of reach. I've searched and searched this forum, THR, Packing.org, and Google, and have read TPC 46.02 until my eyes bled, but the only answers I can find are relevant to handguns and the traveling aspect of the law. I've read many posters on this and other forums say it's legal, and I'm sure they're right, but can someone point me to a site that spells the law out in black and white? While it's reasurring to hear a "Heck yes it's legal. It's Texas," I want to see something substantial. Thank you.
 
Personally, when I read laws, I follow this concept:

If it isn't illegal, it isn't illegal.

Clarification: If there is no law on the books banning it, it is still legal.
 
Sorry if this topic has been beat to death, but is it legal for me, a non-CCW holder in Texas, to have a loaded rifle behind the seat of my truck?
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Yes. Texas law has always allowed a long arm to be carried with you. There were distinctions made for a handgun, but the passage of HB 823 clarified that as well. HB 823 didn’t change the law, it clarified the phraseology of the existing law in favor of citizens. The link below is to a press release by State Representative Terry Keel regarding HB 823 on the Texas State Rifle Association web site.

http://tsra.com/?p=page&id=70

Just FYI on HB 823. There was substantial debate on this law by the legislature. The debate centered around structuring the language in such a way that allowed for as few as possible chances of a lawful person with a handgun in their car to be prosecuted for having that handgun. For instance, Representative Debbie Riddle of Harris county (Houston) stated that she lived only a few miles from a county line and would often drive into the next county and not feel the need to carry a handgun. However, she could drive for several hours through Houston without crossing a county line but feel the need to carry a handgun. In other words, defining “traveling” should not be limited to crossing county lines, but rather in a way to allow any lawful person to have a gun in the car with them.
I've heard that the long gun can be loaded, while others say the ammo has to be out of reach.
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Texas law makes no distinction between a loaded or unloaded gun. In other words, if you can have the gun with you, you can have the gun with you loaded.
 
I can't show you the law, because there isn't one. A firearm is a firearm in Texas, whether loaded or unloaded (or even functioning, or non-functioning!). If you want to peruse the entire penal code, here ya go:

http://www.texaspolicecentral.com/penal_code.html

You can look all through Title 10, and you'll not find a law prohibiting or regulating the carry of a long gun. The closest you'll find is actually in Title 9, 42.01 (a) (8), Disorderly Conduct:

"(a) A person commits an offense if he intentionally or knowingly:

(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm"

Behind your truck seat hardly meets that definition. Placing your loaded long gun in the gun rack in the back window of your truck doesn't either (that would be a bad idea in most urban areas, but wouldn't be illegal). There is absolutely no charge in the Penal Code that would apply to placing your loaded rifle or shotgun anywhere in your vehicle.
 
or Indiana

Been wondering the same thing about Indiana myself, conceled loaded shotgun (or rifle) in a vehicle? If not then Unconcealed?
 
I always keep my Win. trapper .44 in the rack, always. This means when I have to go up to Dallas or Ft. worth too. And yes it is always loaded.
 
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