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Posted: 4/7/2006 11:36:30 AM EDT
I was breaking in my mags by leaving them loaded I left them in the orignal case without thinking anything about it, I went in today to pick up my houge grips I brought the gun in the case with me so he could show me how to put them on. Ive been going to the guy for years so he knows me but as im walking out he whispers to his wife "he carries loaded mags".

So is it illegal or something or were they just paranoid? Because I know you cant have a loaded gun in your vehicle, if its in the box and not within reach is it ok to travel? I havent had enough cash to get my CCW yet so does anyone know the laws on transporting firearms, they dont have any listings of the transport laws around here and when I search on the net they dont have any of the laws in plain english.
Link Posted: 4/7/2006 12:04:39 PM EDT
[Last Edit: 4/7/2006 12:28:00 PM EDT by pulpsmack]
Sorry, I am too swamped at the moment to do the legwork, but Packing.org will have the direct answer or the direct link to TX laws to read for yourself.

UPDATE: Curiosity got the best of me. GOD BLESS TX!!!

According to the statute, you MAY carry loaded inside the car, and YOU MUST CARRY CONCEALED!!!

You are required to give the officer notice upon a traffic stop (any situation where he would ask for your driver's license), and it is ILLEGAL TO TRANSPORT A FIREARM OPENLY IN PLAIN VIEW. If you boxed it I'd put the box under the seat. Frankly I'd either keep the weapon in your console or on your person while driving.

§ 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.


§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03
do not apply to:

....

(b) Section 46.02 does not apply to a person who:

Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1221,
§ 4
(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;

Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1261,
§ 28
(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;


____________________________________________________________________________________

Text of subsec. (i) as added by Acts 2005, 79th Leg., ch. 288, § 1
(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.
Link Posted: 4/7/2006 12:47:53 PM EDT
[Last Edit: 4/7/2006 12:48:14 PM EDT by topgunpilot20]

Originally Posted By pulpsmack:
Sorry, I am too swamped at the moment to do the legwork, but Packing.org will have the direct answer or the direct link to TX laws to read for yourself.

UPDATE: Curiosity got the best of me. GOD BLESS TX!!!

According to the statute, you MAY carry loaded inside the car, and YOU MUST CARRY CONCEALED!!!

You are required to give the officer notice upon a traffic stop (any situation where he would ask for your driver's license), and it is ILLEGAL TO TRANSPORT A FIREARM OPENLY IN PLAIN VIEW. If you boxed it I'd put the box under the seat. Frankly I'd either keep the weapon in your console or on your person while driving.


Where does it say that if the person doesn't have a CHL?
Link Posted: 4/7/2006 3:01:04 PM EDT

Originally Posted By topgunpilot20:

Where does it say that if the person doesn't have a CHL?



You raise a good point, but there seems to be a bit of a glitch...

The law

§ 411.205. DISPLAYING LICENSE; PENALTY. (a) If a
license holder is carrying a handgun on or about the license
holder's person when a magistrate or a peace officer demands that
the license holder display identification, the license holder shall
display both the license holder's driver's license or
identification certificate issued by the department and the license
holder's handgun license. A person who fails or refuses to display
the license and identification as required by this subsection is
subject to suspension of the person's license as provided by
Section 411.187.
(b) A person commits an offense if the person fails or
refuses to display the license and identification as required by
Subsection (a)
after previously having had the person's license
suspended for a violation of that subsection. An offense under this
subsection is a Class B misdemeanor.

Subsection "a" addresses a CHL holder (see red) and does not specify any other individual within its text.

Subsection "b" on the other hand is broader, applying to persons, not license holders. However, that is something of a stretch and the law is badly written with this regard or overly vague.
Link Posted: 4/7/2006 5:04:16 PM EDT
Thx for taking the time to get the info, but I havent been able to get my Concealed Carry Permit yet, I was asking in the reference of transporting not for self defense or with a concealed liscense
but just to the range our your travelling to another town to go shooting with someone. I wasnt sure if this was the right topic thread so if not which thread should I go to?
Link Posted: 4/7/2006 5:22:32 PM EDT
[Last Edit: 4/7/2006 5:24:03 PM EDT by pulpsmack]
Ouch. After taking the time to post all of that, one of the best ways to show thankfulness is to READ it carefully (I say this and add the clarification below, because it reads like you still were confused. If not, disregard).

If you are a non-felon without a CHL who owns a legal firearm and you are in Texas and you want to drive

1. from Houston to Dallas
2. from your house to the range across town
3. from your house to the Quickie Mart 1 block away...

You can take your legally owned pistol, load it, and jam it

1. in your pants
2. in the glove box
3. in the pistol case (and toss case under the seat, prob ON the back seat)

and you are legally allowed to do so.

So long as you don't go toting an unboxed or "open-carry style" holstered handgun from your car in the range parking lot to the range (although this "might" not be harshly enforced) you are OK.
Link Posted: 4/7/2006 6:33:03 PM EDT

Originally Posted By pulpsmack:


You can take your legally owned pistol, load it, and jam it

1. in your pants
2. in the glove box
3. in the pistol case (and toss case under the seat, prob ON the back seat)
.



Careful. The handgun is not legal outside of the car.

Texas makes no distinction between loaded and unloaded guns.
Link Posted: 4/7/2006 6:44:29 PM EDT
There is also a big bone of contention with the Harris Co. DA in Houston. He says that the new statute supposedly defining the traveling portion of our UCW law does not apply and recommended that Harris Co. LEOs arrest folks carrying a handgun who can't demonstrate that they are 'traveling'.

This supposedly goes contrary to what Rep. Terry Keel intended when he wrote the bill.

I dunno...
Link Posted: 4/7/2006 7:30:42 PM EDT

Originally Posted By pulpsmack:

Originally Posted By topgunpilot20:

Where does it say that if the person doesn't have a CHL?



You raise a good point, but there seems to be a bit of a glitch...


Yeah, I'm talking about someone who doesn't have a CHL being required to inform the police officer of the pistol. I've been pulled over while traveling from Houston to Austin with my 1911 under my seat. I was only 19 at the time and didn't have a CHL, so I kept it to myself, and the cop was never the wiser. Just seems like a good idea to avoid confrontation whenever possible. I'd hate to run in to that one asshole cop having a bad day and catch shit (or worse) about it. There was a member here who was thrown in jail be Texas DPS because had an AK in his trunk and told them about it when they asked (he was pulled over for an expired registration tag and had no criminal record). I just don't want to be that one unlucky bastard.
Link Posted: 4/7/2006 8:52:50 PM EDT

Ouch. After taking the time to post all of that, one of the best ways to show thankfulness is to READ it carefully


Sorry about that I read it over and over and still didnt fully get all of the jargon they use but thx for the ENGLISH version. I guess I was getting mixed up between the 2 listings.
Link Posted: 4/7/2006 11:42:13 PM EDT

Originally Posted By txinvestigator:

Originally Posted By pulpsmack:


You can take your legally owned pistol, load it, and jam it

1. in your pants
2. in the glove box
3. in the pistol case (and toss case under the seat, prob ON the back seat)
.



Careful. The handgun is not legal outside of the car.

Texas makes no distinction between loaded and unloaded guns.



You have to take the passage within the context of which it addressed, otherwise it is indeed contrary to what I was explaining.


He [Harris Co DA] says that the new statute supposedly defining the traveling portion of our UCW law does not apply and recommended that Harris Co. LEOs arrest folks carrying a handgun who can't demonstrate that they are 'traveling'.


That's interesting. Not only does the law specifically read "travelling" as an applicable exception, but the law's def of what "travelling" is, will make the job of any cop who tries that shit a difficult one indeed. If the guy is legal, in a privately owned vehicle and the weapon isn't in open view the def is met. The wording of the law stipulates the car need not be in motion or even running (ore in running order for that matter ... unless they define "automobile" elsewhere as a running operable machine)

I wonder if the DA (Dumb Asshole) thinks the old statute of "false arrest" supposedly doesn't apply. I suppose the civil suit against the Harris County city/township in which the false arrest would occur might set him straight on both matters.
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