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Posted: 2/4/2001 6:53:27 PM EST
I have spent some time reveiwing the firearms law in the stateof Texas. But I have not found a whole lot about long guns loaded/unloaded in your vehical legalities. Basically, is it legal to have a loaded rifle in the truck with you? (Loaded as in all rounds in the magazine) Thanks in advance!!!! Tex78
Link Posted: 2/5/2001 11:03:16 AM EST
As I teach hunter education in TX I get this question alot. For what its worth I asked our local PD department head. Answer is that its not suggested from a safety aspect but nothing illegal about a totally loaded long gun. Chamber included.
Link Posted: 2/6/2001 3:18:36 PM EST
XMan, with all due respect to the PD you spoke to, I believe most LEO's feel otherwise. I agree it's not clear in the law. I don't recommend going around with a loaded weapon in a gun rack unless you want to explain it to a judge.
Link Posted: 2/6/2001 3:19:24 PM EST
Dang, I'm a junior member again.
Link Posted: 2/7/2001 5:37:20 AM EST
One thing I know is that in the State of Louisiana that you CAN get a fine for a loaded longarm in a vehicle. They write it up as "Hunting from a vehicle" Got this info straight from a state game warden.
Link Posted: 2/7/2001 6:47:42 AM EST
In Nebr. a loaded gun includes rounds in the magazine. Loaded DETACHABLE mags not included. In Colo. a loaded gun has a round in the chamber. A loaded mag. is not considered a loaded gun. This is in reference to firearms with tube mags. (.22's and shotguns) and internal mags. (bolt action arms). Refering to AR's, if you kept the chamber empty and loaded mag. seperate you would/should be safe in all but the most People's Republik of areas.
Link Posted: 2/18/2001 10:20:29 PM EST
This is what City of Sugar Land Texas PD Sergeant Weldon L. Faucett told me when I ask the same question: He said that State law says that it is legal for me to keep a loaded rifle in my car. You can call him at office 713-275-2500 fax 713-2752645. You can write him at 1200 Highway 6 P.O. Box 110 Sugar Land Texas 77487-0110. Please email me if he is wrong about this! [:O] Neutrino45@hotmail.com
Link Posted: 2/19/2001 2:56:33 AM EST
In Maryland, a loaded detachable magazine anywhere in the vehicle is considered a loaded gun. Of course, some cops interpret that to mean stripper clips too... Kharn
Link Posted: 2/19/2001 4:52:34 PM EST
It is 100% legal to carry a loaded rifle in your car or truck in the state of Texas.
Link Posted: 2/19/2001 6:07:17 PM EST
Blade Runner is correct. Chapter 46 of the Texas Penal Code, which is the chapter concerning weapons offenses, states nothing of carrying a legal shotgun or rifle in a vehicle. While the penal code actually prohibits a person from carrying a HANDGUN in a vehicle, it is an AFFIRMATIVE DEFENSE to prosecution if the person was travelling. Unfortunately, "Travelling" is not specifically defined in this section. It has been interpreted to mean many things, but, generally, it is up to the officer on the traffic stop. For safety reasons, I carry longuns loaded, but without a round chambered. [:\]
Link Posted: 2/19/2001 7:58:03 PM EST
Link Posted: 2/20/2001 3:22:08 PM EST
As far as packing your AR15 in Texas you can carry it loaded or unloaded, concealed or unconcealed. I have been pulled over in front of the state capitol for a traffic violation. They got excited when they saw my Ar with beta c magazine. They called a supervisor to check that it was not fully auto and left me alone once that checked out. It is like my American express, I go nowhere without it...
Link Posted: 2/20/2001 3:25:15 PM EST
Just don't take it to school with you, or to the racetrack, or secured area of an airport, or a voting station, or prison, they won't like that much I don't think, oh and you cannont take it into the courthouse or federal building.
Link Posted: 2/23/2001 11:19:04 AM EST
Heck, just get a CHL and carry a real Texas firearm...Colt Single Action Army in .45 Colt...God Bless Samuel Colt...oh, yeah, and Sam Houston, too. [beer]
Link Posted: 2/26/2001 9:24:36 AM EST
Originally Posted By Kharn: In Maryland, a loaded detachable magazine anywhere in the vehicle is considered a loaded gun. Of course, some cops interpret that to mean stripper clips too... Kharn
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Don't get me started on Maryland... [puke]
Link Posted: 2/26/2001 1:58:21 PM EST
[Last Edit: 2/26/2001 2:08:24 PM EST by tray]
Tex78, I am a law enforcement officer in Texas (but don't hold that against me[:D]). It is legal to carry a loaded rifle or shotgun in your vehicle. As far as handguns, we were taught in the Academy that generally as long as a person was traveling beyond two county lines and remaining overnight, then the affirmative defense would be valid. I can tell you from experience that most officers, unless they are true assholes, don't mess with it. Unfortunately, there are a few of those around that make it hard on the rest of us who believe in a person's right to keep and bear arms.
Link Posted: 2/26/2001 4:03:44 PM EST
Thanks! I appreciate all the responce on this one! So as for the travelling with a handgun, you can have it in your vehical but how close to your person? Would a handgun in the between-the-seat console be legal?
Link Posted: 2/28/2001 3:32:05 PM EST
Tex78, The Texas Code of Criminal Procedure does not specify in what manner you may carry a gun while traveling. It merely states that it is a defense to prosecution that you were travelling while found illegally carrying a weapon. If you would like to carry a handgun I would strongly suggest you apply for a CHL, it is a relatively easy and painless process. I would advise against the unlicensed carry of a handgun even while traveling to anyone. While you may not be prosecuted because you have a viable defense, that does not mean you will not be arrested in the process. Remember, police arent responsible for interpreting the laws, only enforcing them. I say all this trying to help you or anyone else out, not trying to be a know it all. I do have a degree in criminal justice though, and my sister is an attorney so I know what Im talking about. That being said, if I were to carry unlicensed when I were traveling I would keep it in the glove compartment. Depending upon the attitude of the officer, if I were pulled over, I might inform him of the gun or I might not. That would purely be a judgement call. While some officers would like that you were honest enough to tell them what was going on there are the others who might not be so impressed and would haul you in to let the judge "sort things out". In any case, good luck and be glad you live in Texas where you can still own guns. I still get sick when I see what all the people from states like California have to put up with, but thats another thread. Michael
Link Posted: 3/4/2001 12:09:20 PM EST
regardless of the fact that you decide to tell the officer of the gun or not, store your registration/insurance info elsewere. most get a little nervous of you reaching for you insurance/registration that is right under your firearm. South carolina law is a little funny on that subject. if your a CHL/CWP/CCW (whatever you state calls it) you MUST tell the office that a gun is in you vehicle if one is. if no gun is present you dont have to bother, however if you are not CWP you dont have to tell the officer either way. loaded pistols are permited in a locked glovebox in your car at all times. i think longguns need ot be unloaded. not sure on this though i will be looking it up as a just purchased a AR
Link Posted: 3/4/2001 12:28:16 PM EST
Texas is much the same in regards to CHL. Anytime an LEO asks for ID you must supply your CHL if you are carrying. It is not required if you are not carrying although, you might as well show him or tell him since it will show up as soon as they run you DL. Michael
Link Posted: 3/4/2001 5:10:51 PM EST
Another area to be aware of with regard to carrying a rifle in your vehicle in Texas is military installations. Not much problem with AF Bases since they are generally completely fenced, but large Army installations like Ft Hood or Ft Bliss have numerous public access roads that many civilians use, sometimes without fully realizing that they are on the military installation. Pay attention to the little signs that state that it is a federal offense to carry a concealed or un-registered firearm on the post (and this includes the public access roads). The only defense in this situation is if the firearm is registered with the Provost Marshal, unloaded, you are carrying the post registration, and you can convince the MP that you are enroute to either the approved range for personal weapons or to register at the hunt control. Fortunately, for most "innocent" civilians, the worst thing they will do to you is warn you not to ever bring a weapon on post again and demand that you immediately leave the post property. This however might well change in the near future due to an increase in shootings by "visiting" civilians.
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