TX Law regarding Rifle, Pistol & Firearm - Vehicle Carry

[broberts001]

I believe I understand the fine points to having a handgun & rifle in a vehicle. My question is this: What are the laws/regulation for having a Firearm in a vehicle in TX? Can it be in full display like a rifle? Must it be concealed like a handgun ? If you do not have a CHL, must it be in control of the driver ? Anyone having any direction ?

FYI, this is regarding an AR15, no stock, AOL > 26" & < 16", and a vertical grip to create a Firearm.

Edit: Added the < 16"

 

[texasnurse]

I believe I understand the fine points to having a handgun & rifle in a vehicle. My question is this: What are the laws/regulation for having a Firearm in a vehicle in TX? Can it be in full display like a rifle? Must it be concealed like a handgun ? If you do not have a CHL, must it be in control of the driver ? Anyone having any direction ?

FYI, this is regarding an AR15, no stock, AOL > 26" and a vertical grip to create a Firearm.

Greater or less than 26”?

If less than 16” ; it’s considered a pistol. With a stock at least 16” considered a rifle.

A brace longer than 26” is a rifle

If a pistol must be concealed at all times. If a rifle can be carried openly meaning in full view, in a vehicle.

The state has no licensing scheme for long guns. Because state law governs firearms, and because it does not prohibit the carrying of a rifle or shotgun in a public place, a person is generally allowed to carry those weapons in public in Texas.

Handguns without a License
An unlicensed person may carry a handgun on private property or in a car or boat (technically, in a “watercraft”). A handgun in a car or boat must be concealed. Carrying a concealed handgun in a car or boat does not require a handgun license. More specifically, the Penal Code provides that a person commits a Class A misdemeanor if he or she intentionally, knowingly, or recklessly carries on or about his or her person a handgun 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 or watercraft that is owned by the person or under the person's control. TEX. PENAL CODE § 46.02(a).
In addition, 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 or watercraft 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 engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating. Id. § 46.02(a-1). Also, a person may not carry a handgun if prohibited by law from doing so (e.g., if the person is on parole or probation or is a member of a criminal street gang).

In what places is a person allowed by state law to openly carry a firearm?
Long Guns (e.g., Rifles and Shotguns)
The state has no licensing scheme for long guns. Because state law governs firearms, and because it does not prohibit the carrying of a rifle or shotgun in a public place, a person is generally allowed to carry those weapons in public in Texas.
Article I, Section 23, of the Texas Constitution, the “Right to Keep and Bear Arms” provision, provides that:
Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.
The above provision is the starting point for whether a person may possess or openly carry a firearm. It allows lawful carrying of firearms, but it also authorizes the state legislature to regulate to prevent crime. Contrary to the opinion of some, neither the Texas Constitutional provision above, nor the U.S. Constitutional provision, is absolute. U.S. Const., Amend. II (“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”); District of Columbia v. Heller, 554 U.S. 570 (2008)(“the Second Amendment right is not unlimited...t is not a right to keep and carry any
10
weapon whatsoever in any manner whatsoever and for whatever purpose.”); Reyes v. State, 906 S.W.2d 256 (Tex. App. – Fort Worth, 1995), petition for discretionary review granted, reversed 938 S.W.2d 718, rehearing on petition for discretionary review denied (State constitutional right to bear arms does not prevent legislature from prohibiting possession of arms with intent to prevent crime.).
Handguns without a License
The open carry of handguns in public is prohibited in Texas, unless the person holds a license to carry a handgun (see next question). An unlicensed person may carry a handgun on private property or in a car or boat (technically, in a “watercraft”). A handgun in a car or boat must be concealed. Carrying a concealed handgun in a car or boat does not require a handgun license. More specifically, the Penal Code provides that a person commits a Class A misdemeanor if he or she intentionally, knowingly, or recklessly carries on or about his or her person a handgun 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 or watercraft that is owned by the person or under the person's control. TEX. PENAL CODE § 46.02(a).
In addition, 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 or watercraft 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 engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating. Id. § 46.02(a-1). Also, a person may not carry a handgun if prohibited by law from doing so (e.g., if the person is on parole or probation or is a member of a criminal street gang).
Courts have concluded that states have a right to regulate the carrying of handguns, and that neither the Texas nor U.S. Constitutions limit that authority. (The constitutional right “to keep or bear arms in self-defense or in the defense of the state,” is no defense to an indictment for carrying a pistol contrary to the statute. Heller, 554 U.S. 570; Masters v. State, 685 S.W.2d 654 (Tex. Crim. App. 1985), certiorari denied 106 S.Ct. 155, 474 U.S. 853, 88 L.Ed.2d 128 (Article 1, Section 23, of the Texas Constitution, providing that the legislature shall have power to regulate wearing of arms authorizes Penal Code limitations that define the crime of unlawfully carrying a weapon.).





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[broberts001]

Based on the above, a Firearm does not seem to be regulated in TX from carry, either on the person or vehicle, until it becomes a handgun.

 

[Bithabus]

OAL over 26 inches and a vertical grip would make it not a handgun. So, in Texas it would fall under the "long gun" set of rules. Fed rules are more complicated.

 

[jrbfishn]

A rifle with a stock less than 16" is NOT a pistol. Although if it has a barrel less than 16" and /or an overall length of less than 26 1/2" it is/could be an SBR/modified long gun requiring a tax stamp.
As far as I am aware, nowhere is the stock used to determine if a firearm is a rifle or pistol.
If I am wrong, please point out where that code is.

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[Renegade]

I believe I understand the fine points to having a handgun & rifle in a vehicle. My question is this: What are the laws/regulation for having a Firearm in a vehicle in TX? Can it be in full display like a rifle? Must it be concealed like a handgun ? If you do not have a CHL, must it be in control of the driver ? Anyone having any direction ?

FYI, this is regarding an AR15, no stock, AOL > 26" & < 16", and a vertical grip to create a Firearm.

Edit: Added the < 16"

For vehicle carry, Texas breaks firearms down to handguns and everything else. So if whatever you are describing is not a handgun (does not sound like one to me), it gets treated like everything else.

 

[bigwheel]

Greater or less than 26”?

If less than 16” ; it’s considered a pistol. With a stock at least 16” considered a rifle.

A brace longer than 26” is a rifle

If a pistol must be concealed at all times. If a rifle can be carried openly meaning in full view, in a vehicle.

The state has no licensing scheme for long guns. Because state law governs firearms, and because it does not prohibit the carrying of a rifle or shotgun in a public place, a person is generally allowed to carry those weapons in public in Texas.

Handguns without a License
An unlicensed person may carry a handgun on private property or in a car or boat (technically, in a “watercraft”). A handgun in a car or boat must be concealed. Carrying a concealed handgun in a car or boat does not require a handgun license. More specifically, the Penal Code provides that a person commits a Class A misdemeanor if he or she intentionally, knowingly, or recklessly carries on or about his or her person a handgun 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 or watercraft that is owned by the person or under the person's control. TEX. PENAL CODE § 46.02(a).
In addition, 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 or watercraft 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 engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating. Id. § 46.02(a-1). Also, a person may not carry a handgun if prohibited by law from doing so (e.g., if the person is on parole or probation or is a member of a criminal street gang).

In what places is a person allowed by state law to openly carry a firearm?
Long Guns (e.g., Rifles and Shotguns)
The state has no licensing scheme for long guns. Because state law governs firearms, and because it does not prohibit the carrying of a rifle or shotgun in a public place, a person is generally allowed to carry those weapons in public in Texas.
Article I, Section 23, of the Texas Constitution, the “Right to Keep and Bear Arms” provision, provides that:
Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.
The above provision is the starting point for whether a person may possess or openly carry a firearm. It allows lawful carrying of firearms, but it also authorizes the state legislature to regulate to prevent crime. Contrary to the opinion of some, neither the Texas Constitutional provision above, nor the U.S. Constitutional provision, is absolute. U.S. Const., Amend. II (“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”); District of Columbia v. Heller, 554 U.S. 570 (2008)(“the Second Amendment right is not unlimited...t is not a right to keep and carry any
10
weapon whatsoever in any manner whatsoever and for whatever purpose.”); Reyes v. State, 906 S.W.2d 256 (Tex. App. – Fort Worth, 1995), petition for discretionary review granted, reversed 938 S.W.2d 718, rehearing on petition for discretionary review denied (State constitutional right to bear arms does not prevent legislature from prohibiting possession of arms with intent to prevent crime.).
Handguns without a License
The open carry of handguns in public is prohibited in Texas, unless the person holds a license to carry a handgun (see next question). An unlicensed person may carry a handgun on private property or in a car or boat (technically, in a “watercraft”). A handgun in a car or boat must be concealed. Carrying a concealed handgun in a car or boat does not require a handgun license. More specifically, the Penal Code provides that a person commits a Class A misdemeanor if he or she intentionally, knowingly, or recklessly carries on or about his or her person a handgun 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 or watercraft that is owned by the person or under the person's control. TEX. PENAL CODE § 46.02(a).
In addition, 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 or watercraft 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 engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating. Id. § 46.02(a-1). Also, a person may not carry a handgun if prohibited by law from doing so (e.g., if the person is on parole or probation or is a member of a criminal street gang).
Courts have concluded that states have a right to regulate the carrying of handguns, and that neither the Texas nor U.S. Constitutions limit that authority. (The constitutional right “to keep or bear arms in self-defense or in the defense of the state,” is no defense to an indictment for carrying a pistol contrary to the statute. Heller, 554 U.S. 570; Masters v. State, 685 S.W.2d 654 (Tex. Crim. App. 1985), certiorari denied 106 S.Ct. 155, 474 U.S. 853, 88 L.Ed.2d 128 (Article 1, Section 23, of the Texas Constitution, providing that the legislature shall have power to regulate wearing of arms authorizes Penal Code limitations that define the crime of unlawfully carrying a weapon.).
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A lot of good info thanks. Didnt read all that but something that has changed the rules pretty good the past few years..is what is called the Travelers exemption for pistols. Never got defined very well under the old rulings but was considered by most criminal prosecutors that a traveler was somebody going out of the country of their redidence over night. Its opened up now if your in or close to a motor vehicle your a traveler and can carry a concealed pistol in the vehicle and prob on the person as long as its a tempory stop. Best check with a lawyer about that.

 

[Bozz10mm]

A lot of good info thanks. Didnt read all that but something that has changed the rules pretty good the past few years..is what is called the Travelers exemption for pistols. Never got defined very well under the old rulings but was considered by most criminal prosecutors that a traveler was somebody going out of the country of their redidence over night. Its opened up now if your in or close to a motor vehicle your a traveler and can carry a concealed pistol in the vehicle and prob on the person as long as its a tempory stop. Best check with a lawyer about that.

I think the traveler thing was replaced in 2007 by the Motorist Protection Act.

 

[ZX9RCAM]

I think the traveler thing was replaced in 2007 by the Motorist Protection Act.

And you can't go walking around carrying concealed without LTC.

 

[toddnjoyce]

I think the traveler thing was replaced in 2007 by the Motorist Protection Act.

That’s what I’m thinking.

 

[Renegade]

I think the traveler thing was replaced in 2007 by the Motorist Protection Act.

Negative. Traveling is still PC46.15 Non-Applicable, along with the 100+ years of Case Law. Motorist Protection Act is an addition.

 

[diesel1959]

Negative. Traveling is still PC46.15 Non-Applicable, along with the 100+ years of Case Law. Motorist Protection Act is an addition.

True dat.

 

[bigwheel]

I think the traveler thing was replaced in 2007 by the Motorist Protection Act.

Thanks a lot for the scoop on that. Never heard of it before right now. Starting back in the early 70s the governing rules came in the form of the State Atty General opinions. Glad they got some legislation on the books to cover the topic.

 

[txinvestigator]

Thanks a lot for the scoop on that. Never heard of it before right now. Starting back in the early 70s the governing rules came in the form of the State Atty General opinions. Glad they got some legislation on the books to cover the topic.

Contrary to popular belief, the AG does not create case law nor governing rules in regards to criminal law. Case law is established at the appellate level of courts.

 

[bigwheel]

Cant argue with any of that legalese. The only role I can recall for the AG in the case of the pistol carrying in cars was he came up with a workable definition for what is a Traveler. Now he sure coulda studied up on case law to reach his condlusion that it was a person going of of their county overnight. Thats what the cops used in trying to figure out if a pistol toter was a traveling or tyring to fool somebody. Now about 3 AM when the democrats in Corpus was returning home on Hwy 44 after getting drunk in Robistown over there...and the Robistown crew was returning home after getting drunk in Corpus a bunch of them went to jail for DWI and pistol toting a bunch of times. Now last word I got was a fairly recent AG had come up with a more liberal definition of the word..which made it Ok for that kinda nefarouious stuff to now be ok. Guessing it musta predated the Safe Motorist Law which seems to have took some of the guess work out of it.

 

[BillFairbanks]

IMO, the old "traveling" exemption was ambiguous on purpose so that it could be selectively enforced. Texas gun laws were originally created by Yankee Carpetbaggers during Reconstruction and then kept on the books and selectively enforced by Southern Democrats after they regained power.

We've regained a lot of our Gun Rights taken away after the Civil War but still have a ways to go.

 

[bigwheel]

Makes sense to me Sir. Never thought of that angle but it makes perfect sense. Reconstruction was highly destructive and is often blamed for all the goofy left wing stuff that goes on in Dallas. Supposedly ater the War of Northern Agrression the Yankees ran off all the Johnny Rebs who were running the city guvment and turned it over to some Frog Eating Frenchie Socialists. Its a very sad story for them who aint heard it.
https://www.pri.org/stories/2016-03...utopian-dream-helped-dallas-become-major-city

 

[BillFairbanks]

Makes sense to me Sir. Never thought of that angle but it makes perfect sense. Reconstruction was highly destructive and is often blamed for all the goofy left wing stuff that goes on in Dallas. Supposedly ater the War of Northern Agrression the Yankees ran off all the Johnny Rebs who were running the city guvment and turned it over to some Frog Eating Frenchie Socialists. Its a very sad story for them who aint heard it.
https://www.pri.org/stories/2016-03...utopian-dream-helped-dallas-become-major-city

Nice find! I had often wondered at the origin of the Reunion Tower name.

My ancestors were in Dallas County before the war. Specifically in Farmers Branch. They left Dallas County and moved to East Texas after the war. Apparently they left Dallas to the Frenchies.

 

[bigwheel]

Glad yall escaped. Lot of scoop on the net about the deilemmas of post Reconstructiion Dallas. But Google buries it deep and hard to find. That crazy town is way too close to Fort Worth to make me feel safe.