TSRA Wins Big in Texas

B

Bartholomew Roberts

Moderator
Out of 8 gun bills proposed, 8 passed the legislature and 8 are likely to be signed. A few of things that were passed this session:

Confidentiality for CHL holders.
The "travelling" mess is now clarified and travelling clearly defined.
Castle Doctrine expanded in Texas.
Protection from civil liability for justified self-defense shoots.
Confiscation of firearms from peaceable citizens during an emergency is prohibited.

TSRA is only as strong as its members though. If you live in Texas, you really need to support TSRA as they are out there looking out for you every legislative session.
 
BR,

Can you give us the rundown on the "traveling" rule? I'm in Oklahoma and a CWP holder, so I should be OK on my vacation down to the Gulf Coast this summer regardless of the travel rule, but it would be nice to see how this is going to stick in the eye of the Harris County DA, etc. ;)
 
Traveling Bill: http://www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/HB01815F.pdf

Basically...

It's a crime to carry a handgun... unless you are inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

Even then, it's a crime...

  • if the handgun is in plain view,
  • you're engaged in criminal activity other than a Class C traffic misdemeanor,
  • prohibited by state/fed law from possessing a handgun,
  • you're a member of a street gang
So hide it, don't commit any crimes while you're armed, and don't be a thug, and enjoy your trip to Texas.
 
Oh, I'll enjoy the beach down Corpus way, don't worry. As I said, I have my permission slip from OK, so the TX LEOs shouldn't bother me much. I was just wondering how it might affect the Harris county DA's position of "arrest em now and let 'em fight it in court". :)
 
That's just the type DA (and maybe the specific DA) the law was written to address. We'll see if it works.
 
Most DAs gave the instruction to arrest for unlawful carrying using procedures under the old legislation. Now there is no such beastie as unlawful carrying in a vehicle (unless you are doing the things listed below). :D In other word under the previous legislation they created a presumption for a defense to having a gun in your car by defining traveling. which means you could be arrested and charged. With the new law its not an offense unless you meet the criteria below which took any discretion the DA had in making the charges away. The DA or police officer had discretion in deciding whether or not you were traveling in their opinion. Now if you are in your vehicle or a vehicle under your control or enroute to the same and your handgun is concealed in the vehicle there is no offense.

Unless an officer has probable cause for

(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.

not much he can do......
 
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