Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Site Notices
Posted: 1/5/2003 4:54:21 PM EST
I live in TX and, from what I understand, it is legal to carry any type of rifle, loaded or unloaded, anywhere in your vehicle. Is this true? Thanks, Wes
Link Posted: 1/6/2003 7:26:25 AM EST
[Last Edit: 1/6/2003 7:28:21 AM EST by imcoltsguy]
A TX LEO friend says an unloaded long gun is okay unless you're in a school zone or other prohibited area, but loaded is a no-no. His advice is to just get a CHL and carry something legally--in the car or otherwise. You may hear differently too, since gun laws in TX are a little complicated and aren't always clear to even law enforcement people.
Link Posted: 1/6/2003 7:46:11 AM EST
Thanks for the reply. That is pretty much what I figured the law would be. Wes
Link Posted: 1/6/2003 8:35:37 AM EST
[Last Edit: 1/6/2003 8:37:38 AM EST by Energizer]
Gun-Free School Zones don't apply on public streets. They would like you to believe that though. If you are carrying or transporting legally, then you have nothing to worry about, even if they incorrectly labeled a sign on the street as a "gun-free" school zone. You can even carry an unloaded handgun on your dash, in plain sight, and its still legal in TX.
Link Posted: 1/6/2003 8:51:07 AM EST
Just to clarify this issue: unloaded can mean the gun has the magazine in but no round is chambered, correct?
Link Posted: 1/6/2003 9:13:28 AM EST
If there's ammo in the mag, and the mag is in the gun, its considered loaded.
Link Posted: 1/7/2003 4:17:13 AM EST
In Texas you can carry a long gun loaded or unloaded in your truck. I recommend loaded, Section 46.02 of the Texas penal code, unlawful carrying of weapons pertains to handguns, illegal knives or clubs only. Some cops out there would like you to think you cannot carry a rifle or other long gun loaded, some try to enforce laws that do not exist. Even when Texas law allows a non-CHL holder to have a handgun in their possesion, it can be loaded or unloaded. Section 46.03 lists the places where you cannot take a firearm of any kind.
Link Posted: 1/7/2003 1:21:16 PM EST
Luckydog, I don't mean to pick on you, but I've got to disagree with your statement. As a former TX citizen, until the last couple of years anyway, I've discussed this with several LEO's and ADA's and gotten several answers, and just confirmed it in response to this post. There is a lot of confusion on what a non-CHL resident may do in Texas. Even police officers are confused. The law regarding so-called "travelers" is especially one that is applied in many ways and serves as the source of much of the confusion. Having A loaded 22 semiauto rifle visible in your vehicle in a rural county, if you are a known, straight citizen of the county, won't rate a mention if you are stopped for a traffic violation. Have a loaded AR15 (same class of weapon as the 22 above) in a gun rack in Dallas, Houston, San Antonio, El Paso, etc and I'll guarantee you a ride in the back seat of a cruiser and a filing by the DA's office. The least of the charges will be for disorderly conduct [see 42.01, (10)]. Of course, if anyone wants to test this, go ahead, but get back to us on what transpired, okay?
Link Posted: 1/8/2003 5:36:16 AM EST
[Last Edit: 1/8/2003 5:37:49 AM EST by Energizer]
Originally Posted By luckydogonfire: In Texas you can carry a long gun loaded or unloaded in your truck. I recommend loaded, Section 46.02 of the Texas penal code, unlawful carrying of weapons pertains to handguns, illegal knives or clubs only. Some cops out there would like you to think you cannot carry a rifle or other long gun loaded, some try to enforce laws that do not exist. Even when Texas law allows a non-CHL holder to have a handgun in their possesion, it can be loaded or unloaded. Section 46.03 lists the places where you cannot take a firearm of any kind.
View Quote
Texas Penal code also states that you can have a concealed handgun, WHILE TRAVELING. But they never specifically define the word traveling, therefore the Dictionary definition must apply. This means you don't need a CHL either. Travel: 1. To go from one place to another, as on a trip; journey. 2. To go from place to place as a salesperson or agent. 3. To be transmitted, as light or sound; move or pass. 4. To advance or proceed. 5. To go about in the company of a particular group; associate: travels in wealthy circles. 6. To move along a course, as in a groove. 7. To admit of being transported without loss of quality; Some wines travel poorly. 8. Informal. To move swiftly. 9. Basketball. To walk or run illegally while holding the ball. TX Penal Code: 46.02. Unlawful Carrying Weapons 46.15. Nonapplicability (b) Section 46.02 does not apply to a person who: (3) [b]is traveling;[/b] This means you can legally conceal a handgun when traveling... which is ALL THE TIME.
Link Posted: 1/8/2003 5:22:27 PM EST
I don't mean to hold myself out as some kind of expert on gun carrying in Texas, especially since I don't live there anymore, but I don't think the "traveling" idea is without some problems. In the days before CHL I heard "traveling" defined as traveling across at least one county line for an overnight stay (as defined in one DA's office). Anyone else caught with a handgun in the car was filed on in that county. Others admitted there were so few precedents that they didn't really know how to apply the law, and did it on a case by case basis (not the best way to apply the law, actually). The concept is really kind of a mess to legally work with, and now there is even less tolerance for unlicensed carriers of handguns, since one can legally secure a license to carry. In any event, I don't think I'd like to be the one to explain to the judge that going from my house just down the street to Burger King allows me to keep a loaded handgun in my car under the "traveling" exception. Not to mention the spread-em-against-the-car, let's-see-how-this-jewelry-fits ballet that takes place if your friendly local public servant in the car with the flashing lights happens to see it during a stop.... I know you're smart enough to keep it out of sight, but sh** happens, you know.
Link Posted: 1/8/2003 10:29:02 PM EST
Originally Posted By imcoltsguy: Luckydog, I don't mean to pick on you, but I've got to disagree with your statement. As a former TX citizen, until the last couple of years anyway, I've discussed this with several LEO's and ADA's and gotten several answers, and just confirmed it in response to this post. There is a lot of confusion on what a non-CHL resident may do in Texas. Even police officers are confused. The law regarding so-called "travelers" is especially one that is applied in many ways and serves as the source of much of the confusion. Having A loaded 22 semiauto rifle visible in your vehicle in a rural county, if you are a known, straight citizen of the county, won't rate a mention if you are stopped for a traffic violation. Have a loaded AR15 (same class of weapon as the 22 above) in a gun rack in Dallas, Houston, San Antonio, El Paso, etc and I'll guarantee you a ride in the back seat of a cruiser and a filing by the DA's office. The least of the charges will be for disorderly conduct [see 42.01, (10)]. Of course, if anyone wants to test this, go ahead, but get back to us on what transpired, okay?
View Quote
I grew up and lived in Dallas, and carried rifles in my truck on a regular basis in plain view, loaded and with no problems. I drive the same way in Austin virtually everyday in my old flatbed 4X4 Dodge with usually a 20" Hbar. Loaded and with extra mags, and usually have my shotgun with me as well. Disorderly conduct is only going to be charged if you "display a weapon in a manner calculated to alarm". Having the loaded weapon in your vehicle unconcealed is not considered alarming. Do not confuse the laws in Texas in reguards to handguns and longguns. You can legally carry and have a longgun loaded in Texas with the exception of the places listed in section 46.03, this code tells you where you cannot have any firearms at all. Have done so for the past 25 years, and have run into many cops trying to enforce firearm laws that did not exist, they could not cite the bogus code and had to have one of their supervisors come and straighten them out. Carrying a handgun off your property in Texas without a CHL is risky to say the least. For Gods sake do not park one on your car dash loaded or unloaded, you will be charged with unlawful carrying of a weapon. The traveling exemption usually applies to travelers going overnight out of their county of residence, the confusing part of this exemption is the code does not define distance of traveling, and can usually be a matter of descretion of the officer that pulls you over. I only pack a handgun if I'm going over 100 miles away overnight and I keep reciepts for food, gas, etc. to prove date and location. Never had a problem with doing this. Municipalities in Texas cannot govern or make their own firearms laws, the state constitution does not allow for that. If you can pack it in the rural or country areas, you can pack it in the cities. In Texas you can carry the weapon loaded or unloaded its your call. You ask your Texas LEO friend to quote you the section where the weapon has to be unloaded, and I guarantee you it does not exist. For information on the firearms laws of Texas go to http://www.capitol.state.tx.us/capitol.htm you can look through the penal code and the Texas Statues for all laws in the State of Texas.
Link Posted: 1/8/2003 11:17:06 PM EST
[Last Edit: 1/8/2003 11:17:52 PM EST by NORTH556]
[b]YES, YOU CAN CARRY A LOADED OR UNLOADED RIFLE OR SHOTGUN ON YOUR PERSON OR IN YOUR VEHICLE, CONCEALED OR OTHERWISE [/B] [b]YES, YOU CAN CARRY A LOADED HANDGUN IN YOUR CAR WITH OUT A CHL WHILE YOU ARE TRAVELING THROUGH TEXAS (THE DEFINITION OF TRAVELING IS IMPORTANT, AS COMMUTING DOES NOT COUNT, I RECOMMEND YOU LOOK THAT UP, AND READ IT PERSONALLY, AS MANY PEOPLE WHO CLAIM TO HAVE KNOWLEDGE OF THE STATUTE HAVE NEVER READ IT)[/b] This question comes up every few weeks. If you live the Dallas Fort Worth area, listen to the Law and Disorder Show [url]www.law-disorder.com[/url], 105.3fm KYNG, Sat nights 6p-9p. We are legal show that specializes in personal freedoms, self-defense, legal issues, criminal law, and weapons (just to name a few issues) these are the kind of issues and questions that we handle. Be cautious about how you get your legal advice, friends and police officers are not always the most reliable sources. It is fairly easy to look up the Texas laws; ignorance of the law is not a defense. Good luck, and happy hunting...
Link Posted: 1/9/2003 2:43:34 AM EST
First up; Long guns. Long guns may be carried in your vehicle in Texas, regardless of whether they are loaded or not. Remember, this is the "gun rack" state. Long guns used to be prohibited in your vehicle on school properties, but the Legislature applied the wording in the CHL sections to Places Weapons Prohibited (PC 46.03), exempting parking lots on schools. Despite that, I have seen PWP charges filed against gangbangers who had AKs in their cars at school, so it depends on your local DA. I would keep your long gun at home if you are dropping the kids off at school. Otherwise, those "gun-free school zones" were struck down by SCOTUS as unconsitutional, and you can not be charged for carrying a long gun in your vehicle and driving by a school, in Texas. One can be charged with Disorderly Conduct for carrying ANY weapon in public in a manner reasonably like to "alarm" others. Taking your rifle to the gun store downtown is okay (we get calls on this because of a gun store on Main Street, right next to city hall). Walking down Main Street with your AR at high port, scanning for "threats" will likely get you sacked (if not shot by one of your fellow Texans). Handguns: If you do not have a CHL, you can't carry a handgun, illegal knife (not illegal to own, just illegal to carry) or club on your person, or in your vehicle. The catch here is "carry," which is generally defined by case law as being accessible to the driver or a passenger. If you could not have reached or accessed the weapon from where you are sitting, then you can probably beat the rap (though not the "ride" to jail). It does not matter whether the weapon is loaded or unloaded; Texas law makes NO distinction about that at all. Travelling is an "exception" to the law, but is only defined in case law, and is not defined anywhere in Chapter 46. The Texas Court of Criminal Appeals holds travelling to be a journey that crosses at least TWO county lines, and involves an overnight stay. Again, it will be your burden to prove this, and if your lawyer can get this into pretrial, charges will most likely be dismissed, but you could still get sacked and spend the night in jail. If you want to a carry a handgun, get a dang CHL. Heck, with a CHL you have more authority to carry out-of-state than a Texas peace Officer does. There is alot of confusion and misinformation about Texas laws concerning carrying weapons. I had to explain weapons laws to my Chief the other day (he thought open carry was legal here). Texas weapons laws usually don't get enforced much, anyway, in my experience. You have to be doing something else wrong to sacked for UCW here for the most part. I have filed it probably a total of three or four times in my entire LE career.
Link Posted: 1/9/2003 2:52:45 AM EST
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 46. WEAPONS § 46.01. Definitions In this chapter: (1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (A) blackjack; (B) nightstick; (C) mace; (D) tomahawk. (2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. (3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. (4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. (6) "Illegal knife" means a: (A) knife with a blade over five and one-half inches; (B) hand instrument designed to cut or stab another by being thrown; (C) dagger, including but not limited to a dirk, stilletto, and poniard; (D) bowie knife; (E) sword; or (F) spear. (7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. (8) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles. (9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. (10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. (11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that: (A) opens automatically by pressure applied to a button or other device located on the handle; or (B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force. (12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers. (13) "Hoax bomb" means a device that: (A) reasonably appears to be an explosive or incendiary device; or (B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. (15) "Racetrack" has the meaning assigned that term by the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes). (16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. § 46.02. Unlawful Carrying Weapons (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. (b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor. (c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
Link Posted: 1/9/2003 2:53:40 AM EST
§ 46.03. Places Weapons Prohibited (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution; (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) in any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (4) on the premises of a racetrack; (5) in or into a secured area of an airport; or (6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited. (b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court. (c) In this section: (1) "Premises" has the meaning assigned by Section 46.035. (2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law. (d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or (3) a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies if: (A) the actor is wearing a distinctive uniform; and (B) the firearm or club is in plain view; or (4) Deleted by Acts 1995, 74th Leg., ch. 318, § 17, eff. Sept. 1, 1995. (5) a security officer who holds a personal protection authorization under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes). (e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area. (f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code. (g) An offense under this section is a third degree felony. (h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if: (1) the actor is wearing a distinctive uniform; and (2) the firearm or club is in plain view. (i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club: (1) while in a vehicle being driven on a public road; or (2) at the actor's residence or place of employment. § 46.035. Unlawful Carrying of Handgun by License Holder (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun. (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person: (1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event; (3) on the premises of a correctional facility; (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate; (5) in an amusement park; or (6) on the premises of a church, synagogue, or other established place of religious worship. (c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity. (d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed. (e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code. (f) In this section: (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. (2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. (3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. (g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree. (h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9. (i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.
Link Posted: 1/9/2003 2:54:16 AM EST
§ 46.15. Nonapplicability (a) Sections 46.02 and 46.03 do not apply to: (1) peace officers and neither section prohibits a peace officer from carrying a weapon in this state, regardless of whether the officer is engaged in the actual discharge of the officer's duties while carrying the weapon; (2) parole officers and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officer's duties while carrying the weapon; and (B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty; (3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officer's duties while carrying the weapon; and (B) authorized to carry a weapon under Section 76.0051, Government Code; or (4) a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code. (b) Section 46.02 does not apply to a person who: (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as an employee of a penal institution who is performing a security function; (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution; (2) is on the person's own premises or premises under the person's control unless the person is an employee or agent of the owner of the premises and the person's primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5); (3) is traveling; (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, if the weapon is a type commonly used in the activity; (4) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is directly en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity; (5) holds a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies, if: (A) the person is engaged in the performance of the person's duties as a security officer or traveling to and from the person's place of assignment; (B) the person is wearing a distinctive uniform; and (C) the weapon is in plain view; (6) is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying; (7) holds a security officer commission and a personal protection authorization issued by the Texas Board of Private Investigators and Private Security Agencies and who is providing personal protection under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes); or (8) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises. (c) The provision of Section 46.02 prohibiting the carrying of a club does not apply to a noncommissioned security guard at an institution of higher education who carries a nightstick or similar club, and who has undergone 15 hours of training in the proper use of the club, including at least seven hours of training in the use of the club for nonviolent restraint. For the purposes of this subsection, "nonviolent restraint" means the use of reasonable force, not intended and not likely to inflict bodily injury. (d) The provisions of Section 46.02 prohibiting the carrying of a firearm or carrying of a club do not apply to a public security officer employed by the adjutant general under Section 431.029, Government Code, in performance of official duties or while traveling to or from a place of duty. (e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony. (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 431.001, Government Code; or (2) an employee of a penal institution.
Link Posted: 1/9/2003 2:55:16 AM EST
§ 42.01. Disorderly Conduct (a) A person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; (3) creates, by chemical means, a noxious and unreasonable odor in a public place; (4) abuses or threatens a person in a public place in an obviously offensive manner; (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy; (6) fights with another in a public place; (7) enters on the property of another and for a lewd or unlawful purpose looks into a dwelling on the property through any window or other opening in the dwelling; (8) while on the premises of a hotel or comparable establishment, for a lewd or unlawful purpose looks into a guest room not his own through a window or other opening in the room; (9) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code; (10) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm; (11) discharges a firearm on or across a public road; or (12) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act. (b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct. (c) For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance. (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(9) or (a)(10), in which event it is a Class B misdemeanor. (e) It is a defense to prosecution for an offense under Subsection (a)(9) or (11) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.
Link Posted: 1/9/2003 2:56:44 AM EST
[Last Edit: 1/9/2003 2:59:00 AM EST by natez]
Check out the Texas Penal Code on line at [url]http://www.capitol.state.tx.us/statutes/petoc.html[/url]
Link Posted: 1/9/2003 4:22:37 AM EST
[Last Edit: 1/9/2003 4:38:20 AM EST by Energizer]
Originally Posted By imcoltsguy: In the days before CHL I heard "traveling" defined as traveling across at least one county line for an overnight stay (as defined in one DA's office). Anyone else caught with a handgun in the car was filed on in that county. Others admitted there were so few precedents that they didn't really know how to apply the law, and did it on a case by case basis (not the best way to apply the law, actually). The concept is really kind of a mess to legally work with, and now there is even less tolerance for unlicensed carriers of handguns, since one can legally secure a license to carry.
View Quote
Like I said, its NOT defined in the Texas Penal code. If there is some kind of definition out there, they should AT LEAST put it where it it is used....
Link Posted: 1/9/2003 4:26:36 AM EST
Originally Posted By luckydogonfire: I grew up and lived in Dallas, and carried rifles in my truck on a regular basis in plain view, loaded and with no problems. I drive the same way in Austin virtually everyday in my old flatbed 4X4 Dodge with usually a 20" Hbar. Loaded and with extra mags, and usually have my shotgun with me as well. Disorderly conduct is only going to be charged if you "display a weapon in a manner calculated to alarm". Having the loaded weapon in your vehicle unconcealed is not considered alarming. Do not confuse the laws in Texas in reguards to handguns and longguns. You can legally carry and have a longgun loaded in Texas with the exception of the places listed in section 46.03, this code tells you where you cannot have any firearms at all. Have done so for the past 25 years, and have run into many cops trying to enforce firearm laws that did not exist, they could not cite the bogus code and had to have one of their supervisors come and straighten them out. Carrying a handgun off your property in Texas without a CHL is risky to say the least. [red]For Gods sake do not park one on your car dash loaded or unloaded, you will be charged with unlawful carrying of a weapon.[/red] The traveling exemption usually applies to travelers going overnight out of their county of residence, the confusing part of this exemption is the code does not define distance of traveling, and can usually be a matter of descretion of the officer that pulls you over. I only pack a handgun if I'm going over 100 miles away overnight and I keep reciepts for food, gas, etc. to prove date and location. Never had a problem with doing this. Municipalities in Texas cannot govern or make their own firearms laws, the state constitution does not allow for that. If you can pack it in the rural or country areas, you can pack it in the cities. In Texas you can carry the weapon loaded or unloaded its your call. You ask your Texas LEO friend to quote you the section where the weapon has to be unloaded, and I guarantee you it does not exist. For information on the firearms laws of Texas go to http://www.capitol.state.tx.us/capitol.htm you can look through the penal code and the Texas Statues for all laws in the State of Texas.
View Quote
The above in red is NOT true in Texas. You can carry an unloaded gun on your dash if you wish. True story. Been proven.
Link Posted: 1/9/2003 4:28:16 AM EST
[Last Edit: 1/9/2003 4:29:05 AM EST by Energizer]
Originally Posted By NORTH556: (THE DEFINITION OF TRAVELING IS IMPORTANT, AS COMMUTING DOES NOT COUNT, I RECOMMEND YOU LOOK THAT UP, AND READ IT PERSONALLY, AS MANY PEOPLE WHO CLAIM TO HAVE KNOWLEDGE OF THE STATUTE HAVE NEVER READ IT)
View Quote
I've read it many times. Please site the definition of traveling, listed in the Texas Penal Code.
Link Posted: 1/9/2003 4:35:39 AM EST
Originally Posted By natez: Travelling is an "exception" to the law, but is only defined in case law, and is not defined anywhere in Chapter 46. The Texas Court of Criminal Appeals holds travelling to be a journey that crosses at least TWO county lines, and involves an overnight stay.
View Quote
Thank you for pointing this out. They should add the definition to the TX Penal code for clarification. Otherwise, HOW THE HELL is the average Joe supposed to know the laws? They say that ignorance of the law is no excuse, yet they make things so unclear!
Link Posted: 1/9/2003 4:37:19 AM EST
Originally Posted By natez: Check out the Texas Penal Code on line at [url]http://www.capitol.state.tx.us/statutes/petoc.html[/url]
View Quote
That's where I always go to get the latest information...
Link Posted: 1/9/2003 6:25:29 AM EST
Just make sure you always carry a basketball and never dribble it. Then you'll always be travelling. However, since this is illegal, you might be concerned about other statutes that might apply - maybe something like posession of a firearm while in comission of a crime or something like that.
Link Posted: 1/9/2003 9:35:20 AM EST
Originally Posted By Energizer: [red]For Gods sake do not park one on your car dash loaded or unloaded, you will be charged with unlawful carrying of a weapon.[/red] The above in red is NOT true in Texas. You can carry an unloaded gun on your dash if you wish. True story. Been proven.
View Quote
That may be an interpretation by a local county attorney, but PC § 46.02 makes no reference whatsoever to wether a handgun is unloaded or not.
Link Posted: 1/9/2003 9:43:30 AM EST
Originally Posted By natez:
Originally Posted By Energizer: [red]For Gods sake do not park one on your car dash loaded or unloaded, you will be charged with unlawful carrying of a weapon.[/red] The above in red is NOT true in Texas. You can carry an unloaded gun on your dash if you wish. True story. Been proven.
View Quote
That may be an interpretation by a local county attorney, but PC § 46.02 makes no reference whatsoever to wether a handgun is unloaded or not.
View Quote
True, but it also does not mention the definition of "Traveling" either.
Link Posted: 1/10/2003 4:01:30 AM EST
Originally Posted By natez:
Originally Posted By Energizer: [red]For Gods sake do not park one on your car dash loaded or unloaded, you will be charged with unlawful carrying of a weapon.[/red] The above in red is NOT true in Texas. You can carry an unloaded gun on your dash if you wish. True story. Been proven.
View Quote
That may be an interpretation by a local county attorney, but PC § 46.02 makes no reference whatsoever to wether a handgun is unloaded or not.
View Quote
If you drive around with a handgun on the dashboard of your car, it does not matter if it is loaded or not, you can still be charged with a violation of 46.02, been proven. This would not be the case with a long gun.
Link Posted: 1/10/2003 4:42:17 AM EST
Originally Posted By luckydogonfire: If you drive around with a handgun on the dashboard of your car, it does not matter if it is loaded or not, you can still be charged with a violation of 46.02, been proven. This would not be the case with a long gun.
View Quote
Really? I've seen it proven the other way... BTW: you can be charged with anything-- doesn't mean it will stick or it was legal for them to charge you.
Link Posted: 1/10/2003 11:34:05 AM EST
It does not matter if the handgun is loaded, at all. You can be charged with UCW in Texas for carrying an unloaded handgun. You can be tried and convicted for carrying an unloaded handgun, even if it is in a vehicle and not on your person. I have arrested gangbangers for this, and they have been convicted.
Top Top