TRAVELING TEXAS WITH FIREARMS
With the upcoming vacation season, many individuals have been calling the TSRA asking for advice regarding the laws of traveling in the state with firearms.
Travelers are encouraged to contact authorities and legal counsel to be totally aware of how the laws affect the ability to carry firearms while traveling throughout the state.
The following is a "Traveler's Checklist" while traveling the Lone Star State:
Handgun Ownership: unrestricted.
Rifle and Shotgun Ownership: unrestricted.
Semi-Automatic Ownership: unrestricted.
Automatic Ownership: Must comply with federal law.
Firearm Law Uniformity: Preemption statute; Firearm laws uniform throughout the state.
Concealed Carry: Licenses granted on a "shall issue" basis; reciprocity available for non-residents with carry permits from certain other states.
Vehicle Carry and Transportation: Unlicensed individuals and non-residents may not carry handguns on or about their persons while in a vehicle (specific exemption for bonafide travelers); loaded rifles and shotguns may be carried in plain view or in a case. NOTE: It is up to the individual to prove they are a bonafide traveler.
The carry of handguns "on or about one's person" has been defined by the Texas courts to include any handgun within arm's reach of an individual whether concealed or open. Under one's seat, on the dash, in the glove box or even the back-seat are spatial positions which have been held to be "on or about one's person."
Texas law exempts individuals who are carrying handguns for self-protection while traveling the state on a "bonafide" journey or engaged in a lawfully related firearm activity such as hunting or target shooting. Although police should not arrest an individual who falls in these restrictions, any doubt on the part of law enforcement could result in delays or being held or arrested. Travelers unable to maintain the classification of a "bonafide traveler" should carry their handgun unloaded, cased and locked in the trunk. Texas law contains no prohibition on the transport of loaded rifles and shotguns. Such firearms may be carried in plain view anywhere in the vehicle or secured in a commercial gun case or gun rack.
The TSRA strongly encourages citizens to obtain a Texas Concealed Handgun License. The license allows for the concealed carry of a handgun on one's person and in one's vehicle. The Texas Department of Public Safety currently has reciprocity agreements with Oklahoma, Arkansas, Kentucky, Florida, Louisiana, Arizona, and Tennessee (OAK FLAT). Other states will also recognize the Texas license, including Georgia, Idaho, Indiana, Utah, Vermont and Wyoming. (Note: See these and more at: http://www.packing.org/state/texas/.)
Those traveling who have questions are encouraged to contact the Texas DPS. Any questions concerning the Texas Concealed Handgun License can call the DPS Concealed Handgun Licensing Section at (800) 224-5744.