Quoted: What are the specifics on carrying a handgun in your truck without a ccl. I was told anyone that is not a felon could carry now.
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You have been able to carry a gun while traveling for a long time. There just was no definition for traveling. It was left up to local prosecutors and a hodge podge of appeals court cases to determine what was "traveling".
Under the recently passed law, you are "presumed" to be traveling if you meet the five criteria set out by the new law. They are 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. If you meet those five listed presumptions, you are traveling.
Can an officer arrest you? Sure he can but if you meet the five things listed in the new law, the DA will not be able to prove the case. The law seems fairly easy to understand to me. If you read the defintion of Presumption in the Penal Code it is simple to see that the DA has to prove that at least one of the five things exist before you can be convicted of carrying the pistol. Such as, if you are committing another crime, like having dope in your car, then you can also be charged with the pistol. If the DA can prove you are the member of a criminal street gang, you can be charged with the pistol, etc.
Traveling does not mean you can get out of the vehicle with the pistol and start carrying it around unless you have the CHL. As long as the pistol stays in the vehicle, you are likely okay.
A key part of the definition of Presumtion is:
(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;If the state fails to prove beyond a reasonable doubt that the presumption does not exist, the jury must find that the presumed facts exist, meaning you did not break the law. I think it would be a crazy DA to take a case to court knowing that he has no case. The courts over backlogged enough to start taking cases that they know they cannot win but I am sure someone will try it. I expect it might come from Harris County. I hope that Chuck Rosenthal will hurry up and file one of those losing cases so we can get an appeals court ruling and put all the speculation to rest.
For my two cents and as an officer, if I stop you and you have complied with the five listed presumptions, then you can be on your way. All of that of course, is just my opinion. Seek legal counsel for further explanation of the new law.