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Is it illegal?

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  • DirtyD

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    No, it is perfectley legal, matter of fact as long as it is concealed you may carry it in your car any where you go....
     

    lonewolf23c

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    I thought if you didn't have a concealed weapons permit, it was illegal to conceal a weapon anywhere. Although I do put mine in a range bag when I'm out cause I don't want it sitting in plain sight if I run into the store for something.
     

    txinvestigator

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    I thought if you didn't have a concealed weapons permit, it was illegal to conceal a weapon anywhere. Although I do put mine in a range bag when I'm out cause I don't want it sitting in plain sight if I run into the store for something.

    Not in Texas. As long as the handgun is not in plain view, he is not committing a crime at the time (traffic violations don't apply), is not prohibited from possessing a firearm and not a member of a street gang, then he can car carry.

    Even if he does not qualify there, it is legal to carry while engaged in a lawful sporting event where a handgun is commonly used, and while going to and from.
     

    lonewolf23c

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    Not in Texas. As long as the handgun is not in plain view, he is not committing a crime at the time (traffic violations don't apply), is not prohibited from possessing a firearm and not a member of a street gang, then he can car carry.

    Even if he does not qualify there, it is legal to carry while engaged in a lawful sporting event where a handgun is commonly used, and while going to and from.

    Ahh, guess the rules are different in Texas. I know that in Idaho you have to have your guns in plain view, but I however don't agree with that. I don't want my gun sitting on the dash where some criminal can see it while I'm in the store.
     

    txinvestigator

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    Ahh, guess the rules are different in Texas. I know that in Idaho you have to have your guns in plain view, but I however don't agree with that. I don't want my gun sitting on the dash where some criminal can see it while I'm in the store.


    Just remember, your talking about THIS state;

    texas_sign.jpg


    :p
     

    lonewolf23c

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    I know, I just wish Idaho should come up with the same logic. I think that people should be able to carry their guns how they choose. Whether it be in plain sight or concealed in a range bag, holster, etc.
     

    JKTex

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    If I do not have a CHL and I transport my gun to the shooting range in a Range Bag is it illegal?

    Sorry for the dumb question...

    It's not a dumb question at all.....

    But it is really scary knowing you own a gun and don't know he laws pertaining to owning a gun.

    There's a thread that's stuck at the top of a forum that has the link to related gun laws. It would be a good idea to take a gander.
     

    Paulie Boy

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    so what about the castle law? I though Texans are allowed to carry in thier cars for protection. Does the weapon have to be concealed or can it be sitting in your lap or next to the seat?
     

    SIG_Fiend

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    Here's the legal text of HB1815, the bill that allows any law-abiding citizen to carry a handgun in their car (assuming they can own a gun):

    80(R) HB 1815 - Enrolled version - Bill Text


    Here's the applicable text. I had to chop out some of the excess stuff so that it wouldn't be too much and too confusing:


    H.B. No. 1815

    AN ACT

    relating to the prosecution of certain offenses that involve carrying weapons on a person's property or in a person's vehicle.

    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    SECTION 1.
    (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.

    SECTION 2. Section 46.15(b), Penal Code, as amended by Chapters 1221 and 1261, Acts of the 75th Legislature, Regular Session, 1997, is reenacted and amended to read as follows:
    (b) Section 46.02 does not apply to a person who:

    [(3)] is traveling;

    (3) [(4)] is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity


    So basically the jist of all this is that you can carry a loaded handgun in your car, and it can be readily accessible as long as:

    -It is concealed
    -You are not a gang member ;)
    -You are not doing so during the commission of an offense greater than a Class C misdemeanor, so basically a felony I guess (meaning traffic tickets, moving violations, etc do NOT count)

    That's it! :) There isn't anything about the gun needing to be locked and inaccessible, stored in the trunk, or any other urban myths like that. The legal code simply states that it must be concealed. Technically speaking, that means you could have it in the glovebox, center console, on the passenger seat with a towel over it. ;) lol Heck, they even go on near the end to say that you can have a handgun in your RV if you so desire. ;)
     

    txinvestigator

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    so what about the castle law? I though Texans are allowed to carry in thier cars for protection. Does the weapon have to be concealed or can it be sitting in your lap or next to the seat?

    The "castle doctrine" has nothing to do with carry laws. The so called castel doctrine laws made changes to the use of force laws and one civil law.

    To answer your car carry question; see HK_Fiend's post. ;)
     
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    Oct 8, 2008
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    Houston, TX
    It's not a dumb question at all.....

    But it is really scary knowing you own a gun and don't know he laws pertaining to owning a gun.

    There's a thread that's stuck at the top of a forum that has the link to related gun laws. It would be a good idea to take a gander.

    Back at you with 2 cents ;)
    I was never in to Pistols till my apartment got looted during Ike. Is than when I realized that I need it protection for me and my family. They try to brake into my neighbors apt when they where sleep that same night! And thats when they top it with a cherry and I went and bought a Pistol. I am educating my self on the local laws regarding fire arms.

    Not knowing the law when I bought a fire arm does not mean that I do not understand the responsibility behind owning a Pistol. I am sure there is many people out there like me "rookies" Trying to learn from online resources. I appreciate the point out. I did read the sticky and even print it out.

    By the way no offense taken just back at you with 2

    To every body else Thank You for the friendly reply's Specially to HK_Fiend.

    Thank You!
     

    lonewolf23c

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    Oct 2, 2008
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    DWI, Street racing, etc. are Class B Misdemeanors. They will tack on the unlawful firearm in both of those situations as well.

    So if you are pulled over for speeding in Texas and you have a concealed weapon in the vehicle they'll charge you with unlawful possession even if you have a CCW? Is that correct? Or is it more major offenses that they nail you for the weapon. I mean if you have a CCW what matter if your street racing if you have a weapon or not? Not that street racing is a good thing, I'm just saying that makes no sense nailing someone for unlawful firearms if they have a CCW. Or do you only get that if you don't have a CCW and you get stopped?
     

    txinvestigator

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    So if you are pulled over for speeding in Texas and you have a concealed weapon in the vehicle they'll charge you with unlawful possession even if you have a CCW?
    Street racing is not the same charge as speeding. AND we are referring to carry wthout a CHL (Concealed Handgun License). The law posted earlier on this page is the applicable law, and has nothing to do with carry under a CHL.

    That said, if a CHL holder is charged with Disorderly Conduct or a Class B or higher, his CHL will be suspended.
     
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