Question about traveling with guns in TX

[SupremeSaline]

Not sure where to ask about this, recently I got a pistol and I'll be going out of town to visit some family soon. I of course don't want to leave the gun at home for someone to possibly break in and steal. I don't have a CHL or anything. From what I understand, it's fine to travel with the gun in a car as long as it's not in view, and I've been advised to keep it unloaded and the ammo separate (aka gun in glovebox and ammo in back or something). That's all covered.

The only thing I'm confused about is who is driving the vehicle, who owns the vehicle, and who owns the gun. I am one who purchased the gun from a local gun store. I will however be the passenger, someone else is driving their vehicle (which I cannot legally drive) and they did not purchase the gun, but they can legally own a firearm just like me. Does the driver have to be the one that bought the gun, or does it matter in this situation?

 

[ZX9RCAM]

Welcome to the Forum!

 

[Axxe55]

Welcome to TGT.

 

[Tex1961]

According to the Texas Motorist Protection Act, all law-abiding Texas residents are permitted to legally carry handguns in their vehicles, and there’s no requirement to have a license to carry or any other permit to do this. Also, you must own the vehicle or be in control of it at the time (for example, you’re borrowing your friend’s car for a weekend trip). So yes, you’re allowed to keep a handgun, either loaded or unloaded, in your car as a Texas resident.

Other Things to Keep in Mind
There’s always some fine print when it comes to most things involving laws. The “lawful” carrying of a handgun in a vehicle in Texas requires the following requirements to be met:

• You’re not engaged in any criminal activity while in your vehicle with a handgun
• You’re not prohibited by federal law from owning or possessing a firearm• You’re not a member of a criminal gang
• Your handgun isn’t in “plain view”

 

[TreyG-20]

Not sure where to ask about this, recently I got a pistol and I'll be going out of town to visit some family soon. I of course don't want to leave the gun at home for someone to possibly break in and steal. I don't have a CHL or anything. From what I understand, it's fine to travel with the gun in a car as long as it's not in view, and I've been advised to keep it unloaded and the ammo separate (aka gun in glovebox and ammo in back or something). That's all covered.

The only thing I'm confused about is who is driving the vehicle, who owns the vehicle, and who owns the gun. I am one who purchased the gun from a local gun store. I will however be the passenger, someone else is driving their vehicle (which I cannot legally drive) and they did not purchase the gun, but they can legally own a firearm just like me. Does the driver have to be the one that bought the gun, or does it matter in this situation?

Keep it loaded. Keep it out of sight and don't worry about the rest.

 

[Axxe55]

As long as you can legally own and possess a gun, and are a passenger, and the driver/owner of the vehicle you are passenger of, is legal to own or possess a gun knows you have the gun and approves, I see no problems legally.

Disclaimer: But, I'm not a lawyer, and don't play one on TV either.

 

[majormadmax]

Keep it loaded. Keep it out of sight and don't worry about the rest.

 

[avvidclif]

As an old Judge told me one time, "If you don't screw up no-one will know you have it". Drive safe and careful, keep it loaded in the glove box or console. If you get stopped and are asked if there is a gun in the car answer truthfully, in the glove box. Make no mention of ownership. Answer questions but don't volunteer anything. You may be asked to unass the set covers. Politely step out. He may look at the gun and check it for stolen and send you on your way. There is always an exception in the smaller towns but smile, Yes Sir and No Sir goes a long way.

 

[Renegade]

Not sure where to ask about this, recently I got a pistol and I'll be going out of town to visit some family soon. I of course don't want to leave the gun at home for someone to possibly break in and steal. I don't have a CHL or anything. From what I understand, it's fine to travel with the gun in a car as long as it's not in view, and I've been advised to keep it unloaded and the ammo separate (aka gun in glovebox and ammo in back or something). That's all covered.

The only thing I'm confused about is who is driving the vehicle, who owns the vehicle, and who owns the gun. I am one who purchased the gun from a local gun store. I will however be the passenger, someone else is driving their vehicle (which I cannot legally drive) and they did not purchase the gun, but they can legally own a firearm just like me. Does the driver have to be the one that bought the gun, or does it matter in this situation?

Since you cannot legally drive, you are not legally in control of the vehicle (and presumably you do not own the car either), So the driver has to be the one who "carries on or about his or her person a handgun" to get MPA protection. See PC46.02 for more details - PENAL CODE CHAPTER 46. WEAPONS (texas.gov)

 

[Kar98]

As an old Judge told me one time, "If you don't screw up no-one will know you have it". Drive safe and careful, keep it loaded in the glove box or console. If you get stopped and are asked if there is a gun in the car answer truthfully, in the glove box. Make no mention of ownership. Answer questions but don't volunteer anything. You may be asked to unass the set covers. Politely step out. He may look at the gun and check it for stolen and send you on your way. There is always an exception in the smaller towns but smile, Yes Sir and No Sir goes a long way.

The two times I got pulled over for traveling in haste while having a gun in the car, the cop looked at my licenses, asked if I had a gun with me, told me to leave it where it was and gave me my receipt for premium travel speeds.

 

[rotor]

I think Renegade is giving the right answer. You don't own or control the vehicle and can not carry under MPA. Under MPA I would keep it loaded in the glove box or console. Your situation though would not fit under MPA. That does not mean that you can't legally transport a handgun but I would keep it unloaded and in a case of some kind. This of course is not legal advice.

 

[Vaquero]

Sigh.

 

[toddnjoyce]

What the fûck is going on that expects LEO not only stopping the vehicle, but getting to search the vehicle?

 

[Renegade]

What the fûck is going on that expects LEO not only stopping the vehicle, but getting to search the vehicle?

One of hundreds of traffic accidents that occur everyday.

 

[Vaquero]

I'll travel armed. Oklahoma, New Mexico and Texas laws may or may not jail my ass.
Ain't happened yet.

 

[HawkeyeSATX]

In Texas, a vehicle is considered an extension of the home.
So the law states you can have a firearm loaded while traveling. If for some reason you do get pulled over, let the LEO know you have a loaded firearm, and where it is.
Now, since your friend is the owner of the vehicle, he is technically the owner of the firearm as well while traveling in his vehicle.
Possession is 9/10ths of the law.
I don't foresee any problems though.
Unless y'all are the rowdy type, and just might get pulled over.
But what the hay! Thems my 2 cents worth...


Hawk

Sent from my REVVLRY+ using Tapatalk

 

[Reinz]

If you want to get nerdy; have the driver give you A dollar for your gun. Now it’s his along with the car and in his control.

When you reach your destination give him a dollar to buy your gun back.

Of course no BOS.

 

[SupremeSaline]

I think Renegade is giving the right answer. You don't own or control the vehicle and can not carry under MPA. Under MPA I would keep it loaded in the glove box or console. Your situation though would not fit under MPA. That does not mean that you can't legally transport a handgun but I would keep it unloaded and in a case of some kind. This of course is not legal advice.

Thanks all for the replies. Seems like it's easy enough to keep it out of sight (and unloaded if I want to be really on the safe side).

If you want to get nerdy; have the driver give you A dollar for your gun. Now it’s his along with the car and in his control.

When you reach your destination give him a dollar to buy your gun back.

Of course no BOS.

The sale idea is good, I think I might do that, seems easy enough from what I found here: Frequently Asked Legal Questions (texas.gov)

 

[Axxe55]

If you want to get nerdy; have the driver give you A dollar for your gun. Now it’s his along with the car and in his control.

When you reach your destination give him a dollar to buy your gun back.

Of course no BOS.

What if he doesn't want to sell it back for a dollar?

Asking for a friend of course!

 

[candcallen]

I'll quadruple his money.