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9/22/2017 12:11:25 AM
Posted: 8/29/2005 11:27:18 AM EDT
[Last Edit: 8/29/2005 12:30:54 PM EDT by distributor_of_pain]
I'm a little ashamed that I don't already know this but...

Can you carry a loaded rifle in the passenger compartment of a vehicle in TEXAS? (I'm pretty sure you can)
More specifically - a gun rack.
I know you can sling a loaded rifle on your back if you are on a motorcycle.

Here is where it might get sticky:

Texas just defined traveling to be "n a motor vehicle" However, it said that the "firearm" has to be concealed. I was under the assumption that this was for handguns, but the law says "firearm".

Basically what I think has happened is that - it was legal to carry a loaded rifle in a gun rack before Sept. 1st of this year. But now, after Sept. 1st, it is going to be illegal to carry a rifle in a gun rack. Loaded or otherwise.

Am I wrong?

(additional question)
If you are carrying said loaded rifle on your gun rack, and pass through a "gun-free school zone", are you breaking the law?
Link Posted: 8/29/2005 11:34:21 AM EDT
You can open carry a rifle or shotgun anywhere in Texas but a federal building or private property marked "no guns allowed". This includes the gun rack in your truck or on the seat next to you in your car.

The September 1st law applies to handguns only. This lets you keep a handgun in the car without a concealed carry license legally.
Link Posted: 8/29/2005 11:37:03 AM EDT

Originally Posted By Swindle1984:
You can open carry a rifle or shotgun anywhere in Texas but a federal building or private property marked "no guns allowed". This includes the gun rack in your truck or on the seat next to you in your car.

The September 1st law applies to handguns only. This lets you keep a handgun in the car without a concealed carry license legally.



That's exactly what I thought.

...but read what the law says. It does not say "handgun", it says "firearm".
Link Posted: 8/29/2005 11:38:11 AM EDT
I keep my colt 20" right next to me in my truck, all the time.
Link Posted: 8/29/2005 11:40:32 AM EDT
No gunracks in TEXAS! That's kind of like toast with no butter.
Link Posted: 8/29/2005 11:41:33 AM EDT

Originally Posted By distributor_of_pain:

Originally Posted By Swindle1984:
You can open carry a rifle or shotgun anywhere in Texas but a federal building or private property marked "no guns allowed". This includes the gun rack in your truck or on the seat next to you in your car.

The September 1st law applies to handguns only. This lets you keep a handgun in the car without a concealed carry license legally.



That's exactly what I thought.

...but read what the law says. It does not say "handgun", it says "firearm".



Poor wording. But the new law expands an "exception" to the concealed weapons law. The concealed weapons law only covers pistols, some knives and clubs. Until the legislature passes a law saying that you can't carry a longgun, you are o.k.
Link Posted: 8/29/2005 11:48:55 AM EDT

Originally Posted By happycynic:

Originally Posted By distributor_of_pain:

Originally Posted By Swindle1984:
You can open carry a rifle or shotgun anywhere in Texas but a federal building or private property marked "no guns allowed". This includes the gun rack in your truck or on the seat next to you in your car.

The September 1st law applies to handguns only. This lets you keep a handgun in the car without a concealed carry license legally.



That's exactly what I thought.

...but read what the law says. It does not say "handgun", it says "firearm".



Poor wording. But the new law expands an "exception" to the concealed weapons law. The concealed weapons law only covers pistols, some knives and clubs. Until the legislature passes a law saying that you can't carry a longgun, you are o.k.



Cool.
If this is correct, then I guess I freaked about nothing.
Link Posted: 8/29/2005 12:31:51 PM EDT
additional question at top of page
Link Posted: 8/29/2005 12:37:00 PM EDT
I believer the "gun free zone" is only applicable if you are committing a crime with a firearm in the "zone".
Link Posted: 8/29/2005 12:37:48 PM EDT

Originally Posted By distributor_of_pain:
additional question at top of page



Don't quote me on this, because this is just what I recall from previous posts, but I believe the answer is yes and no. Congress passed the first gun-free zone act and had it struck down by the Supreme Court because it didn't have anything to do with interstate commerce. Congress re-passed the same bill with language at the beginning saying "we really, really, think this has something to do with interstate commerce." No one has been prosecuted under this bill so we don't know if it would survive a court challenge or not.
Link Posted: 8/29/2005 12:42:55 PM EDT
Thanks for the responses, but so far I'm hearing "believe", "don't quote me on this", and "court challenge".

Does anyone know for sure?
Link Posted: 8/29/2005 12:48:01 PM EDT

Originally Posted By Swindle1984:
You can open carry a rifle or shotgun anywhere in Texas but a federal building or private property marked "no guns allowed". This includes the gun rack in your truck or on the seat next to you in your car.

The September 1st law applies to handguns only. This lets you keep a handgun in the car without a concealed carry license legally.



I'm planning on catching a day or two at Gunstock, then some time around dallas with some family and I was wondering- does the above apply only to residents, or does it apply to out- of- staters too? Thanks y'all!!
Link Posted: 8/29/2005 12:48:53 PM EDT
[Last Edit: 8/29/2005 12:49:49 PM EDT by VT4meGunCtrlisAntiUS]
oops, double tap
Link Posted: 8/29/2005 12:51:51 PM EDT

Originally Posted By VT4meGunCtrlisAntiUS:
oops, double tap

technically yes. It used to be over looked. Even to the point of some high school kids here parking trucks in the parking lot with guns showing. Then the westside shooting happened and well let's just say I wouldn't want to be in range or the crossfire.
Link Posted: 8/29/2005 12:51:57 PM EDT

Originally Posted By VT4meGunCtrlisAntiUS:

Originally Posted By Swindle1984:
You can open carry a rifle or shotgun anywhere in Texas but a federal building or private property marked "no guns allowed". This includes the gun rack in your truck or on the seat next to you in your car.

The September 1st law applies to handguns only. This lets you keep a handgun in the car without a concealed carry license legally.



I'm planning on catching a day or two at Gunstock, then some time around dallas with some family and I was wondering- does the above apply only to residents, or does it apply to out- of- staters too? Thanks y'all!!



It only applies to TEXANS.

But since we are hospitable people down here. We bestow the title of honorary TEXAN to any American who enters the state. You have to leave that title behind when you leave though!

so yeah, you're covered!
Link Posted: 8/29/2005 12:54:00 PM EDT
I can just hear what farmers and ranchers would say is this were true. Don't know if the laws have chanaged concerning long guns but the new law concerning handguns in the vehicle went into effect recently. I for one don't have a gunrack in my truck because I don't want to adertise what may or may not be in my truck, sort of out of sight out of mind that way.
Link Posted: 8/29/2005 12:56:40 PM EDT

Originally Posted By firstar:
I can just hear what farmers and ranchers would say is this were true. Don't know if the laws have chanaged concerning long guns but the new law concerning handguns in the vehicle went into effect recently. I for one don't have a gunrack in my truck because I don't want to adertise what may or may not be in my truck, sort of out of sight out of mind that way.



You're no TEXAN!

You're no TEXAN at all!
Link Posted: 8/29/2005 1:03:03 PM EDT
[Last Edit: 8/29/2005 1:10:18 PM EDT by RenegadeX]

Originally Posted By distributor_of_pain:

Here is where it might get sticky:

Texas just defined traveling to be "n a motor vehicle" However, it said that the "firearm" has to be concealed. I was under the assumption that this was for handguns, but the law says "firearm".

Basically what I think has happened is that - it was legal to carry a loaded rifle in a gun rack before Sept. 1st of this year. But now, after Sept. 1st, it is going to be illegal to carry a rifle in a gun rack. Loaded or otherwise.

Am I wrong?



Yes, you are wrong.

Here is the enrolled version (note it clearly says "Handgun"):

AN ACT

relating to the applicability of the offense of unlawful carrying
of weapons to certain persons and to the consequence of certain
presumptions in the prosecution of a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.15, Penal Code, is amended by adding
Subsection (i) to read as follows:
(i) For purposes of Subsection (b)(3), a person is presumed
to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other
than a Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(3) not otherwise prohibited by law from possessing a
firearm;
(4) not a member of a criminal street gang, as defined
by Section 71.01; and
(5) not carrying a handgun in plain view.
SECTION 2. Section 2.05, Penal Code, is amended to read as
follows:
Sec. 2.05. PRESUMPTION. (a) Except as provided by
Subsection (b), when [When] this code or another penal law
establishes a presumption with respect to any fact, it has the
following consequences:
(1) if there is sufficient evidence of the facts that
give rise to the presumption, the issue of the existence of the
presumed fact must be submitted to the jury, unless the court is
satisfied that the evidence as a whole clearly precludes a finding
beyond a reasonable doubt of the presumed fact; and
(2) if the existence of the presumed fact is submitted
to the jury, the court shall charge the jury, in terms of the
presumption and the specific element to which it applies, as
follows:
(A) that the facts giving rise to the presumption
must be proven beyond a reasonable doubt;
(B) that if such facts are proven beyond a
reasonable doubt the jury may find that the element of the offense
sought to be presumed exists, but it is not bound to so find;
(C) that even though the jury may find the
existence of such element, the state must prove beyond a reasonable
doubt each of the other elements of the offense charged; and
(D) if the jury has a reasonable doubt as to the
existence of a fact or facts giving rise to the presumption, the
presumption fails and the jury shall not consider the presumption
for any purpose.
(b) When this code or another penal law establishes a
presumption in favor of the defendant with respect to any fact, it
has the following consequences:
(1) if there is sufficient evidence of the facts that
give rise to the presumption, the issue of the existence of the
presumed fact must be submitted to the jury unless the court is
satisfied that the evidence as a whole clearly precludes a finding
beyond a reasonable doubt of the presumed fact; and
(2) if the existence of the presumed fact is submitted
to the jury, the court shall charge the jury, in terms of the
presumption, that:
(A) the presumption applies unless the state
proves beyond a reasonable doubt that the facts giving rise to the
presumption do not exist;
(B) if the state fails to prove beyond a
reasonable doubt that the facts giving rise to the presumption do
not exist, the jury must find that the presumed fact exists;
(C) even though the jury may find that the
presumed fact does not exist, the state must prove beyond a
reasonable doubt each of the elements of the offense charged; and
(D) if the jury has a reasonable doubt as to
whether the presumed fact exists, the presumption applies and the
jury must consider the presumed fact to exist.
SECTION 3. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect at the time the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 4. This Act takes effect September 1, 2005.


HB823

Even if it did say "firearm" it would not matter, since UCW only applies to handguns, illegal knives and clubs.
Link Posted: 8/29/2005 8:33:38 PM EDT

Originally Posted By firstar:
I for one don't have a gunrack in my truck because I don't want to adertise what may or may not be in my truck, sort of out of sight out of mind that way.



That's my philosophy, too. There is no point in openly courting theft, or police harassment.

Also, whenever you advertise the presence of a gun, you surrender the advantage of surprise - which is why concealed-carry makes more sense than open-carry, IMO.
Link Posted: 8/30/2005 6:08:59 PM EDT
Originally Posted By RenegadeX:
Originally Posted By distributor_of_pain:

Here is where it might get sticky:

Texas just defined traveling to be "n a motor vehicle" However, it said that the "firearm" has to be concealed. I was under the assumption that this was for handguns, but the law says "firearm".

Basically what I think has happened is that - it was legal to carry a loaded rifle in a gun rack before Sept. 1st of this year. But now, after Sept. 1st, it is going to be illegal to carry a rifle in a gun rack. Loaded or otherwise.

If carring a shotgun does it matter if it has a pistol grip or butt stock and is an 18" barrell legal.

FireBlade
Link Posted: 8/30/2005 6:12:37 PM EDT

Originally Posted By FireBlade:
Originally Posted By RenegadeX:
Originally Posted By distributor_of_pain:

Here is where it might get sticky:

Texas just defined traveling to be "n a motor vehicle" However, it said that the "firearm" has to be concealed. I was under the assumption that this was for handguns, but the law says "firearm".

Basically what I think has happened is that - it was legal to carry a loaded rifle in a gun rack before Sept. 1st of this year. But now, after Sept. 1st, it is going to be illegal to carry a rifle in a gun rack. Loaded or otherwise.

If carring a shotgun does it matter if it has a pistol grip or butt stock and is an 18" barrell legal.

FireBlade



If it's a legal shotgun, i don't think it matters.
I would assume that goes for AOW shotties as well
Link Posted: 8/30/2005 6:17:23 PM EDT
[Last Edit: 8/30/2005 6:31:57 PM EDT by mikejohnson]

Originally Posted By Swindle1984:
You can open carry a rifle or shotgun anywhere in Texas but a federal building or private property marked "no guns allowed". This includes the gun rack in your truck or on the seat next to you in your car.

The September 1st law applies to handguns only. This lets you keep a handgun in the car without a concealed carry license legally.



fixed it for you....long guns are pretty much unrestricted, which means you can carry it concealed, loaded, open, etc - just do not threaten or intend to alarm anyone with it...(and just because soccer moms get scared does not mean that you *intended* to cause alarm)


eta: on the other hand, the new addendum to the law regarding travelling with a handgun is a presumption of travel if certain criteria are met - you DO NOT have to carry it concealed or in your car, but you could be arrested whereby you could defend yourself in court using the common definition of travelling - "to go from one place to another" - so ride your horse, bike, whatever and carry away....the addendum that takes effect on 9/1 is to undo years of case law where the prosecutors and judges have distorted the definition of "travelling" to mean many things, including crossing 3 counties, a bona fide trip, blah blah blah - wheras the original law just used the common definition of travelling...
Link Posted: 8/30/2005 6:25:37 PM EDT

Originally Posted By distributor_of_pain:
If you are carrying said loaded rifle on your gun rack, and pass through a "gun-free school zone", are you breaking the law?


No.
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