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Posted: 9/16/2008 1:51:17 PM EDT
[#1]
This should be in the TX HTF.
Long guns in TX are legal in your vehicle, loaded, unloaded, etc. |
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Posted: 9/16/2008 1:52:32 PM EDT
[#2]
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Posted: 9/16/2008 2:28:24 PM EDT
[#3]
It is absolutely 100% legal to carry a loaded long gun in your vehicle in Texas. |
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Posted: 9/16/2008 2:30:04 PM EDT
[#4]
An UNLOADED weapon in your vehicle is called a club 
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Posted: 9/16/2008 2:50:12 PM EDT
[#5]
I have received some absolutely terrible advice from officers regarding questions of firearm legality. Some of these people know surprisingly little about the laws they are enforcing. Others are extremely knowledgeable and helpful. Just the luck of the draw, I guess.
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Posted: 9/16/2008 2:53:41 PM EDT
[#6]
x2 |
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Posted: 9/16/2008 3:34:07 PM EDT
[#7]
the officers you spoke with are morons
dont ask legal advice from leo's you will always get conflicting information based on what they want you to do trust me I work with enough idiots that think they know it all and dont understand why they get suspended from patrol to answer your question YES it is legal for you to carry a long gun in your mode of transport even on foot that doesnt mean if it is visible you wont get the attention of a couple of squirly police and harrased but it is legal get a gunrack and drive around the city youl have a ball laughing at all the yuppies trying to get 911 to send somebody out for a man with a gun lol city people
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Posted: 9/16/2008 3:51:52 PM EDT
[#8]
To further clarify, it's absolutely 100% legal to carry a loaded long gun on your person in Texas as well, as long as you don't carry it "in a manner calculated to alarm" or into a forbidden location such as a school.
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Posted: 9/16/2008 4:08:49 PM EDT
[#9]
It is legal. you can also carry a pistol in your car and it is legal. A car is an extension of your property and there for can hold your gun.
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Posted: 9/16/2008 4:13:38 PM EDT
[#10]
Ditto !!! |
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Posted: 9/16/2008 4:24:17 PM EDT
[#11]
And a club in your vehicle is illegal in TX
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Posted: 9/16/2008 4:30:33 PM EDT
[#12]
No such legal doctrine in Texas. |
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Posted: 9/16/2008 5:26:31 PM EDT
[#13]
thanks for all the help.
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Posted: 9/16/2008 6:22:59 PM EDT
[#14]
No, your car is NOT an extension of your property. The UCW law specifically makes car carry legal if requirements are met, and those requirements are not required to carry in your residence. For your reading pleasure |
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Posted: 9/16/2008 6:23:42 PM EDT
[#15]
It is not. Read the link in my last post. ;) |
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Posted: 9/16/2008 6:25:26 PM EDT
[#16]
Nothing is illegal unless proscribed by law. Next time someone tells you long gun carry is illegal, tell them you REALLY want to study that law, and ask what penal code section includes that law. |
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Posted: 9/17/2008 3:01:59 AM EDT
[#17]
a club is legal, an ax, hatchet, tommahawk, baton and blackjack not so much
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Posted: 9/17/2008 3:05:09 AM EDT
[#18]
Don't forget, no pipebombs in your car as well. |
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Posted: 9/17/2008 4:18:31 AM EDT
[#19]
Negative. All legal to carry in your vehicle. I have provided a link to the actual law in an earlier post. |
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Posted: 9/17/2008 4:19:00 AM EDT
[#20]
We should start a petition.......................................... 
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Posted: 9/17/2008 6:48:42 AM EDT
[#21]
You should also check with your city. San Antonio has a city ordinance that prohibits carrying a loaded long gun within the city limits.
I'm sure folks will come in and soapbox about state law overrides or whatever, but just check your city codes just in case. Telling a judge you "didn't know" doesn't always get you a free pass. |
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Posted: 9/17/2008 6:57:22 AM EDT
[#22]
It is legal in EL Paso, Ive asked a couple leos here |
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Posted: 9/17/2008 6:57:39 AM EDT
[#23]
No soapbox here, but isn't that an illegal law? And aren't city ordinances limited in their penalty to a fine? |
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Posted: 9/17/2008 7:02:08 AM EDT
[#24]
I used to think so, but nobody seems to be in a hurry to take it off the books. Plus, since it's not prohibiting ownership or general transport, I'm not sure anyone cares enough to protest it. I called my local police department (Bryan) in the past and the supervisor I spoke with simply said "we prefer you don't carry a loaded rifle/shotgun, just advise the officer if you get stopped". She never said it was illegal to do so. |
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Posted: 9/17/2008 7:02:58 AM EDT
[#25]
It's legal everywhere in the state to carry a gun in your car, that's not what he's disputing. |
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Posted: 9/17/2008 7:34:55 AM EDT
[#26]
State law does not really 'override' local laws. Towns and cities can have laws more strict than state law. However, Texas has a specific law that prohibits towns and cities from having laws that regulate the carry or firearms more than state law. That said, a person could be arrested under the city law, would have to be found guilty in the court of original jurisdiction, then appeal the conviction to a higher state court to get a precident. |
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Posted: 9/17/2008 7:36:19 AM EDT
[#27]
Did you read the link? It is legal to car carry, but it has nothing to do with your car being an extension of your home. In Fact, that is not in the law. |
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Posted: 9/17/2008 8:29:24 AM EDT
[#28]
That is all true. The reason it probably hasn't happened is that I imagine that two things are probably true: 1) The city is probably aware the law is bad, and therefore probably rarely actually tries to prosecute based on it -- instead leaves it on the book in order to be used to intimidate sheeple into obediance. They may even occasionally arrest someone and run them in make them sit in jail a while, then eventually drop the charges -- that is an effective way to punish and intimidate people but doesn't give the opening mentioned to get the law thrown out. 2) Nobody really wants to be the test-case guinea pig and shell out a lot of $$$ to defend themselves against the charges. The initial case plus the appeals would probably cost tens of thousands of dollars in legal fees. |
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Posted: 9/17/2008 9:56:58 AM EDT
[#29]
Hell I forgot, the brick layer building my new fence keeps an AR15 in his truck. We got to talking one day and he pulled out a Colt AR15 ready to rock n roll.
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Posted: 11/17/2008 8:39:27 PM EDT
[#30]
I have been thinking about buying an ASP baton to keep in my car, and from what you're saying TXInvestigator that would be legal, right? Would it be legal to carry it around concealed under a jacket or the like?
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Posted: 11/18/2008 7:49:01 AM EDT
[#31]
Quoted:
I have been thinking about buying an ASP baton to keep in my car, and from what you're saying TXInvestigator that would be legal, right? Would it be legal to carry it around concealed under a jacket or the like? It appears that under PC 46.02, it is now legal to carry an illegal knife or club in your vehicle. Carry outside of that is still illegal. |
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Posted: 11/18/2008 11:09:56 AM EDT
[#32]
Quoted:
Quoted:
I have been thinking about buying an ASP baton to keep in my car, and from what you're saying TXInvestigator that would be legal, right? Would it be legal to carry it around concealed under a jacket or the like? It appears that under PC 46.02, it is now legal to carry an illegal knife or club in your vehicle. Carry outside of that is still illegal. Except that under "46.15. NONAPPLICABILITY." there are a number of other exceptions, including hunting, fishing, et al. |
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Posted: 11/18/2008 11:44:13 AM EDT
[#33]
Cool, I had not caught that in 46.02. I can now carry my American Tomahawk in my truck legally.
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Posted: 11/18/2008 12:33:27 PM EDT
[#34]
Quoted:
Quoted:
Quoted:
I have been thinking about buying an ASP baton to keep in my car, and from what you're saying TXInvestigator that would be legal, right? Would it be legal to carry it around concealed under a jacket or the like? It appears that under PC 46.02, it is now legal to carry an illegal knife or club in your vehicle. Carry outside of that is still illegal. Except that under "46.15. NONAPPLICABILITY." there are a number of other exceptions, including hunting, fishing, et al. Well, lets look at that. One cannot carry a club while fishing, or hunting for that matter. The non-applicability to which youb specifically referred limtis it to "weapon commonly used in that activity. (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 a guard employed by a penal institution; (2) is traveling; (3) 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 or motor vehicle, if the weapon is a type commonly used in the activity; (4) holds a security officer commission issued by the Texas Private Security Board, 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; (5) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying; (6) holds a security officer commission and a personal protection officer authorization issued by the Texas Private Security Board and is providing personal protection under Chapter 1702, Occupations Code; or (7) 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. |
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Posted: 11/18/2008 12:52:15 PM EDT
[#35]
Quoted:
Well, lets look at that. One cannot carry a club while fishing, or hunting for that matter. The non-applicability to which youb specifically referred limtis it to "weapon commonly used in that activity. (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 a guard employed by a penal institution; (2) is traveling; (3) 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 or motor vehicle, if the weapon is a type commonly used in the activity; (4) holds a security officer commission issued by the Texas Private Security Board, 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; (5) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying; (6) holds a security officer commission and a personal protection officer authorization issued by the Texas Private Security Board and is providing personal protection under Chapter 1702, Occupations Code; or (7) 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. Right. I was responding to your whole statement, which included a reference to an "illegal knife". |
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Posted: 11/18/2008 1:08:05 PM EDT
[#36]
Quoted:
1) The city is probably aware the law is bad, and therefore probably rarely actually tries to prosecute based on it –– instead leaves it on the book in order to be used to intimidate sheeple into obediance. They may even occasionally arrest someone and run them in make them sit in jail a while, then eventually drop the charges –– that is an effective way to punish and intimidate people but doesn't give the opening mentioned to get the law thrown out. 2) Nobody really wants to be the test-case guinea pig and shell out a lot of $$$ to defend themselves against the charges. The initial case plus the appeals would probably cost tens of thousands of dollars in legal fees. I would think that would be false arrest, and would be grounds for suit... I may be willing to test this law, as I am in need of extra money... |
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Posted: 11/18/2008 1:26:41 PM EDT
[#37]
I found this on San Antonios website...
Sec. 21-16. Carrying loaded rifle or shotgun. It shall be unlawful for any person, other than duly authorized peace officers, to carry a loaded rifle or shotgun on any public street within the city or in a motor vehicle while the same is being operated on any public street within the city. (Code 1959, § 26-28) Cross references: Regulation of firearms and weapons, § 21-151 et seq. |
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Posted: 11/18/2008 1:45:59 PM EDT
[#38]
Quoted:
I would think that would be false arrest, and would be grounds for suit... I may be willing to test this law, as I am in need of extra money... That would largely depend on who made the decision to arrest you. If it was a street cop acting on his understanding of local law, then he and the department would likely be shielded by qualified immunity. On the other hand, if someone higher up the food chain who really should know better...like the local DA...issued an order to have you picked up, then you might have a case. |
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Posted: 11/18/2008 1:55:13 PM EDT
[#39]
Quoted:
Quoted:
I would think that would be false arrest, and would be grounds for suit... I may be willing to test this law, as I am in need of extra money... That would largely depend on who made the decision to arrest you. If it was a street cop acting on his understanding of local law, then he and the department would likely be shielded by qualified immunity. On the other hand, if someone higher up the food chain who really should know better...like the local DA...issued an order to have you picked up, then you might have a case. I'd tend to agree. While there is a strong possibility one could beat the rap and set a precedent that effectively overturned the law, I think it is fairly unlikely that such a suit against the city would prevail to get any kind of monetary damages or even reimbursement for the defendant's legal fees. Its even fairly unlikely that you could get an official fired or even reprimanded for trying to enforce a law enacted by the city council even if they personally believed the law to be faulty. Holding the government and/or officials accountable in cases like this is an extremely uphill battle. If it weren't we'd see a lot less of the crazy laws on the books and abuses of them by those in authority than we do. So for anyone who chooses to take on SA to get the law overturned... more power to you, and I might even make a little donation towards your legal expenses, but realize the risks and don't expect to come out of it like a bandit. |
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Posted: 11/18/2008 2:46:57 PM EDT
[#40]
Cops are the last people who know about carry laws sadly. I've gotten crap about "dangerous loaded weapons" from nearly every cop that has pulled me over, but when push comes to shove they don't have the balls to falsely arrest me.
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Posted: 11/18/2008 3:00:45 PM EDT
[#41]
Quoted:
I found this on San Antonios website... Sec. 21-16. Carrying loaded rifle or shotgun. It shall be unlawful for any person, other than duly authorized peace officers, to carry a loaded rifle or shotgun on any public street within the city or in a motor vehicle while the same is being operated on any public street within the city. (Code 1959, § 26-28) Cross references: Regulation of firearms and weapons, § 21-151 et seq. Well, that seems fairly clear. Isn't this like the insane S.A. law that says you can't carry a pocket knife with a "locking blade" ? I asked an LEO about this one night. He said it was OK to have a fixed blade up to 5", but no folding, locking blades, like that Buck knife on your belt. It's a S.A. thing, not state law. How stupid is that? |
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Posted: 11/18/2008 4:05:29 PM EDT
[#42]
Quoted:
Cops are the last people who know about carry laws sadly. I've gotten crap about "dangerous loaded weapons" from nearly every cop that has pulled me over, but when push comes to shove they don't have the balls to falsely arrest me. You are so cool. Get pulled over a lot? Always tell the officers you have guns? You dare em to arrest you? You are my new hero. |
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Posted: 11/18/2008 4:50:05 PM EDT
[#43]
Quoted:
Quoted:
Cops are the last people who know about carry laws sadly. I've gotten crap about "dangerous loaded weapons" from nearly every cop that has pulled me over, but when push comes to shove they don't have the balls to falsely arrest me. You are so cool. Get pulled over a lot? Always tell the officers you have guns? You dare em to arrest you? You are my new hero. Yes I do get pulled over a lot, about once a month. And when they ask if I have weapons I tell the truth. The area I work in is not the greatest so police presence is high and a lot of my coworkers are pulled over frequently as well. You can cop an attitude if you want but 4 times when I've been pulled over the officer had never heard of HB1815 and insisted I was breaking the law when in fact I was not. |
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Posted: 11/18/2008 7:44:53 PM EDT
[#44]
cops dont go by "house bill # blah blah blah" not do they care, not being a ass.
They go by the penal code and CCP. BILL # are for the legislature not Law enforcement. You are charged by the Penal code chap number not the bill number. If you want to talk the talk you need to ask them to look up PC 46.??. I can tell you they will know more about what you are talking about and can look it up very easy. maybe you can help them learn something and they will have some respect for you... Unless you are a punk... Most have the Penal code book or can ask another officer to look it up. BTW... you dont have to "break" the law to get arrested. The officer only need PC to arrest you. But to get charged in court you must have broken the law... So to say it’s a bad arrest is hard to prove if the officer writes it up correctly ( most don’t) Long guns in a car is ok. CLUB or Illigal Knife in your car..... You will take a ride to jail .... It may be a test case.... Just remember "you can bet the rap, you cant beat the ride!" Unless you have the time and money to pay for lawyers, Not just one- but a team of them, and go to court for YEARS!! Yes YEARS!!! Do the test. Someone needs too so the state can get some case law on the books for guidance. |
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Posted: 11/19/2008 5:22:15 AM EDT
[#45]
Quoted:
Quoted:
Quoted:
This should be in the TX HTF. Long guns in TX are legal in your vehicle, loaded, unloaded, etc. It is absolutely 100% legal to carry a loaded long gun in your vehicle in Texas. +1 |
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Posted: 11/19/2008 5:31:14 AM EDT
[#46]
Quoted:
cops dont go by "house bill # blah blah blah" not do they care, not being a ass. They go by the penal code and CCP. BILL # are for the legislature not Law enforcement. You are charged by the Penal code chap number not the bill number. If you want to talk the talk you need to ask them to look up PC 46.??. I can tell you they will know more about what you are talking about and can look it up very easy. maybe you can help them learn something and they will have some respect for you... Unless you are a punk... Most have the Penal code book or can ask another officer to look it up. BTW... you dont have to "break" the law to get arrested. The officer only need PC to arrest you. But to get charged in court you must have broken the law... So to say it’s a bad arrest is hard to prove if the officer writes it up correctly ( most don’t) Long guns in a car is ok. CLUB or Illigal Knife in your car..... You will take a ride to jail .... It may be a test case.... Just remember "you can bet the rap, you cant beat the ride!" Unless you have the time and money to pay for lawyers, Not just one- but a team of them, and go to court for YEARS!! Yes YEARS!!! Do the test. Someone needs too so the state can get some case law on the books for guidance. HB 1815 revised that penal code. If an officer is unaware of any change in the penal code then I will reference what changed it and when. |
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Posted: 11/19/2008 5:32:53 AM EDT
[#47]
Handguns are legal in a vehicle too as long as it is concealed, you are not intoxicated or engaged in criminal activity(not traffic ticket stuff)
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club 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 that is owned by the person or under the person's control. (a-1) 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 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: (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic; (B) prohibited by law from possessing a firearm; or (C) a member of a criminal street gang, as defined by Section 71.01. (a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. (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. |
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Posted: 11/19/2008 7:29:30 AM EDT
[#48]
Quoted:Yes I do get pulled over a lot, about once a month.
Have you ever considered learning how to drive? |
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Posted: 11/19/2008 7:38:24 AM EDT
[#49]
One of my long time customers holds an administrative position at one of the local PDs. I asked her once why it was that alot of officers dont know about the "carry in car" part of the law that changed... She said striaght up "when new laws come out or current law changes, we print out memorandums for each officer, the ones who dont take the time to read them, dont know about the changes", apparently there are so many little BS things that change, that most of them dont read the ones that count.
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Posted: 11/19/2008 10:10:28 AM EDT
[#50]
Every year I have to sit and listen to a DA read all the new changes in the law. Boring, but I guess that a good system.
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