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Old 02-23-2017, 12:49 PM   #1
Jmsck12
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Default Any handgun law specialists here?

So I am 18 and I am wanting to know the legal rights behind me carrying a handgun. Reason behind this is that I make a lot of trips to the deer lease by myself now and illegal activity Is picking up and all other dangers that may arise while I am out there.

I want to know if it is legal for me to have one in my possession in the car with me and while I am on the property. I've been charged by hogs with only my bolt action with me and that was not fun. I'm just trying to be safer while I am out there.

I have read multiple threads and articles that have said I can have one under 21 but over 18 if it was not purchased from an ffl dealer? Is this true? If this is true would that mean I can only carry on private property?

Thanks for any info that is given, if you can find any info I'd gladly appreciate it.
Also if there are any laws that you find that I can print out and carry with me that'd be great as well.


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Old 02-23-2017, 12:54 PM   #2
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Yes you can.....you'll just have to get someone to buy your ammo for you lol



Which I still think is stupid.
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Old 02-23-2017, 12:58 PM   #3
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You can have one in your vehicle and you can carry openly on your property.
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Old 02-23-2017, 12:58 PM   #4
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The thing is, the laws change about every two years or every four years, even it is a slight change. The safe thing to do if you're 18 is keep it in a case with no bullets in the case and in your toolbox or in your bag something away from where sitting. This is a solid reason that you are just going to the ranch or the range. Don't have it in a holster loaded near you. However this is a defense to the judge and is really up to the officer who you encounter. Since you're not supposed to have a handgun unless you have a license for it to be with you loaded ready to go. However the Castle doctrine is simply a defense in court, it doesn't change the encounter itself unless your officer excersises good judgment. However at your place you can do whatever it's just the transportation from A to B that can be confusing.
This is what I was taught when I got my degree in criminal justice from A&M anyway.

However the best thing to do would be to call the Attorney Generals office and ask them.
Good luck join the military and you can get it before your 21 like I did.
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Old 02-23-2017, 01:19 PM   #5
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Originally Posted by Quanah11 View Post
The thing is, the laws change about every two years or every four years, even it is a slight change. The safe thing to do if you're 18 is keep it in a case with no bullets in the case and in your toolbox or in your bag something away from where sitting. This is a solid reason that you are just going to the ranch or the range. Don't have it in a holster loaded near you. However this is a defense to the judge and is really up to the officer who you encounter. Since you're not supposed to have a handgun unless you have a license for it to be with you loaded ready to go. However the Castle doctrine is simply a defense in court, it doesn't change the encounter itself unless your officer excersises good judgment. However at your place you can do whatever it's just the transportation from A to B that can be confusing.
This is what I was taught when I got my degree in criminal justice from A&M anyway.

However the best thing to do would be to call the Attorney Generals office and ask them.
Good luck join the military and you can get it before your 21 like I did.
Huh?

Possession and ownership of a handgun by an 18yo is not illegal. Dont matter if 18 or 22, you can carry a concealed weapon in your vehicle without a license.
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Old 02-23-2017, 01:22 PM   #6
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You are good see (2) below so you are good at 18 under 18 no good. Quanah has good advice keep it out of reach in the tool box un loaded while driving to avoid a possible issue. Some cops don't even know the law, you better tell them you have it if a search of your truck is gonna happen if not you will be in jail for sure.

Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;
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Old 02-23-2017, 01:22 PM   #7
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Huh?

Possession and ownership of a handgun by an 18yo is not illegal. Dont matter if 18 or 22, you can carry a concealed weapon in your vehicle without a license.
Aggie. Case closed.
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Old 02-23-2017, 01:23 PM   #8
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Huh?

Possession and ownership of a handgun by an 18yo is not illegal. Dont matter if 18 or 22, you can carry a concealed weapon in your vehicle without a license.
This is true, you can own a gun and have it with you but the place in which he has it with him is under the confines of the law, but under what can you travel with? Castle doctrine, and when it gets right down to it in court. That's just a defense whereas you must be able to prove that you were going to a ranch, gun range, traveling (to visit someone or other credible travel, not going to the grocery store) check with the AG office also. You might learn that the gun laws put in place to protect us, have cracks in them like all other laws.
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Old 02-23-2017, 01:25 PM   #9
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You are good see (2) below so you are good at 18 under 18 no good. Quanah has good advice keep it out of reach in the tool box un loaded while driving to avoid a possible issue. Some cops don't even know the law, you better tell them you have it if a search of your truck is gonna happen if not you will be in jail for sure.

Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;
Thanks bud I couldn't remember the code that pertained to this.
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Old 02-23-2017, 01:26 PM   #10
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This is a pretty good website as well for all states.

http://smartgunlaws.org/gun-laws/pol...y/minimum-age/
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Old 02-23-2017, 01:27 PM   #11
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Originally Posted by Quanah11 View Post
This is true, you can own a gun and have it with you but the place in which he has it with him is under the confines of the law, but under what can you travel with? Castle doctrine, and when it gets right down to it in court. That's just a defense whereas you must be able to prove that you were going to a ranch, gun range, traveling (to visit someone or other credible travel, not going to the grocery store) check with the AG office also. You might learn that the gun laws put in place to protect us, have cracks in them like all other laws.
That doesn't matter anymore. And if there is a link to the law stating you cant put a handgun in your vehicle to get gas or buy milk(being sarcastic), please post it.

The penal code is pretty black and white.
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Old 02-23-2017, 01:43 PM   #12
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Originally Posted by Quanah11 View Post
The thing is, the laws change about every two years or every four years, even it is a slight change. The safe thing to do if you're 18 is keep it in a case with no bullets in the case and in your toolbox or in your bag something away from where sitting. This is a solid reason that you are just going to the ranch or the range. Don't have it in a holster loaded near you. However this is a defense to the judge and is really up to the officer who you encounter. Since you're not supposed to have a handgun unless you have a license for it to be with you loaded ready to go. However the Castle doctrine is simply a defense in court, it doesn't change the encounter itself unless your officer excersises good judgment. However at your place you can do whatever it's just the transportation from A to B that can be confusing.
This is what I was taught when I got my degree in criminal justice from A&M anyway.

However the best thing to do would be to call the Attorney Generals office and ask them.
Good luck join the military and you can get it before your 21 like I did.

Where in the world did you learn that? Texas law makes no mention of loaded vs. unloaded when a person is legally allowed to possess a firearm.

As far as I know, he can legally possess the firearm loaded or unloaded in his vehicle, en route to his vehicle or on premises under his control.

Quote:
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 or watercraft 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 or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; 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 or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
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Old 02-23-2017, 02:24 PM   #13
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Where in the world did you learn that? Texas law makes no mention of loaded vs. unloaded when a person is legally allowed to possess a firearm.

As far as I know, he can legally possess the firearm loaded or unloaded in his vehicle, en route to his vehicle or on premises under his control.
I learned that from the DPS regulatory handgun department. Which is an extent of the AGs office in this department. The gun can be in the vehicle since it is an extent of his property stated in the castle doctrine, however IT MUST BE HIDDEN FROM VIEW AND SECURED if the person does not have a permit to carry the firearm. There are several cases in Texas that involve a person over the age of 18 without a license getting pulled over and having a handgun in their vehicle. They are then arrested and they can give their reasons for having the handgun in their vehicle while not en route to a ranch, range, etc. to the court.
I'm just trying to give sound advice to this kid since I do work in this field and since things change so frequently. I can tell him one thing that I have learned and that is it needs to be unloaded and in a case and he is heading to the ranch he won't have even close to as much trouble as if it is loaded and in a holster near him. Not every officer knows the exact law every given day. So to my next point, if the officer doesn't know exactly how to handle a situation like that they will let the courts decide. Look up cases, call whoever you want, I am just giving a kid advice on a realistic level. You can cite laws all day but what if the person is pulled over and the officer can't get a credible reason why he has a handgun and his reasons aren't what the officer needs to hear to justify it. I'm trying to help the kid out, but y'all go ahead he may never have a problem but there are enough case stuff to prove he may. Plus if he is going to be using a handgun to protect against hogs at his ranch, why can't it be in a case unloaded until he gets there? Furthermore it would be a smoother situation if the officer asks "are there any firearms in the vehicle?" "Yes, a pistol in a case in my backseat and my deer rifle, I'm heading to the ranch" versus "are there any firearms in the vehicle?" "Yes right here a loaded pistol in my holster" "do you have a permit for that?" "No" "okay step out of the vehicle please"
If you work in the court system with this stuff and work for the AGs office or DPS and you say it's okay for a 18 yr old kid to have a loaded gun in plain view and not secured in a case then go ahead. But what I'm telling you and him is what the law states and how it is meant to be enforced.

Last edited by Quanah11; 02-23-2017 at 02:28 PM.
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Old 02-23-2017, 02:52 PM   #14
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Thanks for all the info guys, I should have made it clear it won't be on my body or loaded when it's in my Jeep. Won't take it out of the case until I'm getting ready to walk to my stand from the Jeep.


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Old 02-23-2017, 02:58 PM   #15
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Thanks for all the info guys, I should have made it clear it won't be on my body or loaded when it's in my Jeep. Won't take it out of the case until I'm getting ready to walk to my stand from the Jeep.


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I think that is the prudent thing to do until you turn 21 and get your LTC. I understand the argument while it might be legal I have seen it personally happen to a family member because the cop doesn't know the law. I just say better safe than sorry.
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Old 02-23-2017, 03:13 PM   #16
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It is nice to see a young man who can ask questions intelligently and listen to advice like this. Kudos to you.
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Old 02-23-2017, 03:56 PM   #17
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It is nice to see a young man who can ask questions intelligently and listen to advice like this. Kudos to you.


Thank you, I just didn't like where I was being called a kid but I let it be. He helped out with my questions


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Old 02-23-2017, 04:13 PM   #18
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An unloaded handgun that is in a secured location is just as illegal as one that is fully loaded and ready to go.

Translation: There is only one loaded firearm law in TX (and it isn't strictly handguns) and that is with criminal negligence, allows a child to have access to a "readily dischargeable" firearm......with a child being 16 or under. Even then there are defenses to the law.

Otherwise, loaded or unloaded are the same. If a person is breaking the UCW law, it doesn't matter if the handgun is loaded or if there is ammo in the glove box and the gun on the seat. The gun is what is illegal, not the ammo. Other states have different laws on loaded, being locked away, etc.

An open view (not in a holster under an LTC) handgun is a crime in a vehicle whether loaded or not. A handgun not in plain view is legal whether loaded or not. Again, the location and weapon are the illegal factors, not the ammo.
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Old 02-23-2017, 04:27 PM   #19
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Thanks for all the info guys, I should have made it clear it won't be on my body or loaded when it's in my Jeep. Won't take it out of the case until I'm getting ready to walk to my stand from the Jeep.


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I think you should rethink that. A unloaded gun is useless. You WILL NOT know when you will need it
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Old 02-23-2017, 04:29 PM   #20
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I think you should rethink that. A unloaded gun is useless. You WILL NOT know when you will need it


Trying to make it as legal as possible here, I'll most likely need it when I'm trailing something after I have shot it.


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Old 02-23-2017, 04:34 PM   #21
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An open view (not in a holster under an LTC) handgun is a crime in a vehicle whether loaded or not. A handgun not in plain view is legal whether loaded or not. Again, the location and weapon are the illegal factors, not the ammo.[/QUOTE]

Can you quote the law on this part? Not refuting it I would just like to see it in black in white.
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Old 02-23-2017, 04:36 PM   #22
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I learned that from the DPS regulatory handgun department. Which is an extent of the AGs office in this department. The gun can be in the vehicle since it is an extent of his property stated in the castle doctrine, however IT MUST BE HIDDEN FROM VIEW AND SECURED if the person does not have a permit to carry the firearm. There are several cases in Texas that involve a person over the age of 18 without a license getting pulled over and having a handgun in their vehicle. They are then arrested and they can give their reasons for having the handgun in their vehicle while not en route to a ranch, range, etc. to the court.
I'm just trying to give sound advice to this kid since I do work in this field and since things change so frequently. I can tell him one thing that I have learned and that is it needs to be unloaded and in a case and he is heading to the ranch he won't have even close to as much trouble as if it is loaded and in a holster near him. Not every officer knows the exact law every given day. So to my next point, if the officer doesn't know exactly how to handle a situation like that they will let the courts decide. Look up cases, call whoever you want, I am just giving a kid advice on a realistic level. You can cite laws all day but what if the person is pulled over and the officer can't get a credible reason why he has a handgun and his reasons aren't what the officer needs to hear to justify it. I'm trying to help the kid out, but y'all go ahead he may never have a problem but there are enough case stuff to prove he may. Plus if he is going to be using a handgun to protect against hogs at his ranch, why can't it be in a case unloaded until he gets there? Furthermore it would be a smoother situation if the officer asks "are there any firearms in the vehicle?" "Yes, a pistol in a case in my backseat and my deer rifle, I'm heading to the ranch" versus "are there any firearms in the vehicle?" "Yes right here a loaded pistol in my holster" "do you have a permit for that?" "No" "okay step out of the vehicle please"
If you work in the court system with this stuff and work for the AGs office or DPS and you say it's okay for a 18 yr old kid to have a loaded gun in plain view and not secured in a case then go ahead. But what I'm telling you and him is what the law states and how it is meant to be enforced.
I never said he could have it in plain view. It must be concealed. Nowhere in the law does it say it needs to be "secure." He doesn't need to justify WHY he has a gun. He is legally allowed to have a gun on his person while he is in his own vehicle as long as he is otherwise legal to own a firearm. It doesn't matter if he's on his way to a ranch or on his way to a restaurant. Why would an LEO ask someone if they have a permit when they don't need one to have a gun in their vehicle? You don't need a permit to carry a gun in your car any more than you need a permit to carry a gun in your house.

What exactly would a LEO cite for the reason for arrest?
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Old 02-23-2017, 04:40 PM   #23
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Trying to make it as legal as possible here, I'll most likely need it when I'm trailing something after I have shot it.


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Read TVC's post. Having it unloaded makes no difference as to whether it's legal in your situation.
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Old 02-23-2017, 04:41 PM   #24
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I never said he could have it in plain view. It must be concealed. Nowhere in the law does it say it needs to be "secure." He doesn't need to justify WHY he has a gun. He is legally allowed to have a gun on his person while he is in his own vehicle as long as he is otherwise legal to own a firearm. It doesn't matter if he's on his way to a ranch or on his way to a restaurant. Why would an LEO ask someone if they have a permit when they don't need one to have a gun in their vehicle? You don't need a permit to carry a gun in your car any more than you need a permit to carry a gun in your house.

What exactly would a LEO cite for the reason for arrest?
How about you call DPS regulatory department in charge of handgun permitting and ask them. I literally just spelled it out for you. Don't waste my time with dumb questions I just explained when you can call yourself and ask yourself. The law is if you don't have a permit (which he doesn't) then it must be concealed from view, in a case or something. And he is not allowed to have a gun on his person ( attached to his body) if he is not in possession of a handgun license and not on his own property. A car doesn't count to have it attached to his body. He can't have it when he gets out of his car at the store, so what is he going to do? Take it off every time he wants to get out of his car?
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Old 02-23-2017, 04:43 PM   #25
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Read TVC's post. Having it unloaded makes no difference as to whether it's legal in your situation.


I read it, I'm just going to take all precautions I can in this in case I do ever run into a Leo when I'm out there or on my way to and from.
I've only been in contact with the law once and that was a game warden with who I am pretty good friends with.


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Old 02-23-2017, 04:43 PM   #26
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I never said he could have it in plain view. It must be concealed. Nowhere in the law does it say it needs to be "secure." He doesn't need to justify WHY he has a gun. He is legally allowed to have a gun on his person while he is in his own vehicle as long as he is otherwise legal to own a firearm. It doesn't matter if he's on his way to a ranch or on his way to a restaurant. Why would an LEO ask someone if they have a permit when they don't need one to have a gun in their vehicle? You don't need a permit to carry a gun in your car any more than you need a permit to carry a gun in your house.

What exactly would a LEO cite for the reason for arrest?
Why don't you read TVCs post too
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Old 02-23-2017, 04:43 PM   #27
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OP, just do what I do. Keep it locked and loaded in a shoulder holster in the "pocket" of the driver door. Easy to get to and perfectly legal.
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Old 02-23-2017, 04:52 PM   #28
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I think it would help to back up what people are saying about the LAW if they would post the actual law.

Also just because the law reads one way doesn't mean he can't do something that he feels safe about doing that doesn't violate the law. I think he said he just needed the gun for out on the ranch. Conversation is turning into something it is not, but I really do want to know what the law says so if those that are quoting the law can you also cut and paste it here for us to see or send us the link?
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Old 02-23-2017, 04:57 PM   #29
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I think it would help to back up what people are saying about the LAW if they would post the actual law.

Also just because the law reads one way doesn't mean he can't do something that he feels safe about doing that doesn't violate the law. I think he said he just needed the gun for out on the ranch. Conversation is turning into something it is not, but I really do want to know what the law says so if those that are quoting the law can you also cut and paste it here for us to see or send us the link?


Your right on the part where I just need it on the ranch, I don't want this to start any arguments about who's right or wrong.


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Old 02-23-2017, 05:02 PM   #30
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How about you call DPS regulatory department in charge of handgun permitting and ask them. I literally just spelled it out for you. Don't waste my time with dumb questions I just explained when you can call yourself and ask yourself. The law is if you don't have a permit (which he doesn't) then it must be concealed from view, in a case or something. And he is not allowed to have a gun on his person ( attached to his body) if he is not in possession of a handgun license and not on his own property. A car doesn't count to have it attached to his body. He can't have it when he gets out of his car at the store, so what is he going to do? Take it off every time he wants to get out of his car?
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Originally Posted by Quanah11 View Post
Why don't you read TVCs post too
LOL I've posted the exact law where it says he can have it on his person in his vehicle or en route to his vehicle. You can tell me what the DPS regulatory dept says all you want but they don't make the laws. The law quite clearly states;

Quote:
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 or watercraft that is owned by the person or under the person's control.
Again the LAW states it must be concealed. Not locked up, not unloaded, not out of one's reach, not in the trunk just concealed. Hidden from view. It can be on his person as he is in his vehicle.

Please show me a LAW that says I am incorrect. Not what you heard from a DPS regulator. I've read TVC's response and I think he would agree what I am saying does not conflict with what he is saying.
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Old 02-23-2017, 05:03 PM   #31
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To the OP, if you'd rather put it in your trunk you are more than welcome and legal to do so. But you don't HAVE to.
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Old 02-23-2017, 05:05 PM   #32
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Originally Posted by Jmsck12 View Post
I don't want this to start any arguments about who's right or wrong.


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Hahaha, you could post a mac n cheese recipe on here and we will find a way to argue about it son
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Old 02-23-2017, 05:07 PM   #33
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Hahaha, you could post a mac n cheese recipe on here and we will find a way to argue about it son


I only eat mac and cheese if they are shells, let's see what that starts


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Old 02-23-2017, 05:08 PM   #34
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Originally Posted by JustinJ View Post
LOL I've posted the exact law where it says he can have it on his person in his vehicle or en route to his vehicle. You can tell me what the DPS regulatory dept says all you want but they don't make the laws. The law quite clearly states;



Again the LAW states it must be concealed. Not locked up, not unloaded, not out of one's reach, not in the trunk just concealed. Hidden from view. It can be on his person as he is in his vehicle.

Please show me a LAW that says I am incorrect. Not what you heard from a DPS regulator. I've read TVC's response and I think he would agree what I am saying does not conflict with what he is saying.

Last thing, call the AGs office. I didn't hear this from them I know this, this is part of what I do for a living. I'm guessing you don't deal with this. He can't have it on his body, it must be hidden from view, and read TVCs post do whatever you need to do to be happy, I'm not going to go waste my time digging to make you happy, I know he can't have it unless it is hidden from view and as far as unloaded that was my advice to make his traffic stop easier. Again, he is using it at the ranch why does he need it loaded on his body? Excersising his second amendment? If that's what your upset about go make a YouTube video and look it up. I'm done talking about it
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Old 02-23-2017, 05:12 PM   #35
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Originally Posted by Jmsck12 View Post
I only eat mac and cheese if they are shells, let's see what that starts


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I love me some Kraft but Velveeta shells and cheese are way better....
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Old 02-23-2017, 05:12 PM   #36
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I love me some Kraft but Velveeta shells and cheese are way better....


Velveeta all the way


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Old 02-23-2017, 05:15 PM   #37
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Originally Posted by Quanah11 View Post
Last thing, call the AGs office. I didn't hear this from them I know this, this is part of what I do for a living. I'm guessing you don't deal with this. He can't have it on his body, it must be hidden from view, and read TVCs post do whatever you need to do to be happy, I'm not going to go waste my time digging to make you happy, I know he can't have it unless it is hidden from view and as far as unloaded that was my advice to make his traffic stop easier. Again, he is using it at the ranch why does he need it loaded on his body? Excersising his second amendment? If that's what your upset about go make a YouTube video and look it up. I'm done talking about it
If it's illegal just cite the law making it illegal. It can't just be illegal because someone says it. Show me the statute that says it is illegal for him to have it on his person. It MUST have a legal statute to make it illegal.

I don't care where he carries it, but claiming something is illegal when it is in fact completely legal bugs me.
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Old 02-23-2017, 05:20 PM   #38
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Hahaha, you could post a mac n cheese recipe on here and we will find a way to argue about it son
While I have nothing of any substance to contribute to this thread, argument or whatever you want to call it. I do have to say..... you win, hands down - you win the internet.
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Old 02-23-2017, 05:50 PM   #39
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You are good see (2) below so you are good at 18 under 18 no good. Quanah has good advice keep it out of reach in the tool box un loaded while driving to avoid a possible issue. Some cops don't even know the law, you better tell them you have it if a search of your truck is gonna happen if not you will be in jail for sure.

Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;
This law actually has nothing to do with the OP's question.

This law makes it illegal to provide the illegal weapons, not to possess one.

A person selling/loaning/giving/etc. a handgun (or even a hunting knife with over a 5.5" blade for that matter) has committed a crime, not the person receiving it.
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Old 02-23-2017, 06:16 PM   #40
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If I was of age, there would be a legal loaded handgun within reach...no good unloaded or in the back of the Jeep.

Bad crap can happen at anytime, not just from the Jeep to the stand...bad country down here.
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Old 02-23-2017, 06:29 PM   #41
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This is an almost insanely long read but anyway.....

A guy asked me a few days ago on another website in a private message about having a handgun in a vehicle, if it mattered if it was loaded and if it was legal under the "Castle Doctrine" because your car is an extension of your home (not again....). A friend had told him that he had to be traveling and not magazine in the handguns, etc.

This was my long winded answer for your amusement or if you feel like tearing it apart. I am reprinting it with the permission of the author... me.

********

The "extension of home" is not actually wrong but is mostly unfounded in law. It is that "castle doctrine" concept that people like to say but has little basis other than the "concept". What that means is technically you can call it anything you wish however there are no words in TX law that back it up. A man's home is his castle is the meaning of castle doctrine. That is actually (or likely) from a speech in front of the British Parliament in the mid 1700's by William Pitt. He said something like no matter how ragged, no matter how much the wind blows through it, now matter how much the roof leaks... none of the King's men have the right to cross your threshold. That led to (in my opinion) the saying that no matter how humble, a man's home is "his" castle just as if he was the king. There is no "extension" to your car in the law but people simply love to spit that out.

So much for the history lesson.....

Now to factual TX law... and maybe a little more history. For around 100 years, TX law has said that you cannot have a handgun in public. There were exemptions (defenses) written into the law such as it was okay if you were "traveling". The only problem is that traveling was never defined in the law (and still is not today) which is strange because there are dozens of definitions in the Penal Code. A few years after TX got concealed carry by license signed by Governor George Bush, the legislature wanted to extend it to vehicle even without a CHL. They came up with the legal term that you were "presumed" (which is defined) to be traveling if you were simply in your car. If you drove one block, you were "traveling". That is lawyers for you instead of simply defining traveling, they put a presumption of traveling.

In that law (I believe around 2001) it said to be legal to carry in your vehicle (under presumption of traveling), you had to be committing no crime other than a misdemeanor traffic citation like speeding, the gun was concealed, you had the right to have a gun (not a convicted felon) and you were not in a criminal street gang (blood, crips, Latin Kings, etc.). That seemed good enough and now people could carry in their vehicle as long as it was concealed and they were not committing another crime such as in possession of marijuana, DWI, etc. But.... the Harris County DA and others didn't like the law... so they in my opinion they tried to break the law by simply telling cops not to go by it and still arrest people. How could he get away with that? By saying that while he had to comply with state law on prosecutions/trials, he said that he needed to determine if you were a Blood or a Crip. That means, arrest everyone, inconvenience the heck out of them, tow their vehicle and if the next day he determined that the person was not a Blood or Crip, he would simply let them go as not being gang members and drop the charges. Meanwhile, you went to the county jail, your car was towed at a great expense, you were horribly inconvenienced and now you have an arrest record... but he didn't prosecute. None or maybe very few cops backed him up on it but the state legislators were probably appalled at the obvious attempt to get around state law.

So..... they acted fairly quickly in a future legislative session.

They changed the law which is what they should have written in the first place. The law now says (and this finally answers your question) matter-of-factly, you can have your handgun lawfully in two places. Those two places are in your vehicle and in your home. NOW..... the prohibitions of it in your car still carry the has to be concealed, still can't be a gang member and still can't be committing a crime other than a minor traffic citation. The biggest change was that now it was simply legal in your car without having to prove "traveling". For a lawful arrest, in my opinion the police need to show that you are a gang member or committing another crime or it wasn't concealed. The "traveling" part was simply removed from that part of the law (but not another) and the law says your home or your car are legal under UCW 46.02.

I believe that is where some people came up with the "This is an extension of your home" concept. In fact it is not an extension. It is was an extension, how come it has to be concealed? It doesn't in your home. Even in your home if you possessed marijuana, you aren't Unlawfully Carrying a Weapon as you would be if you were in your car. Even a member of a criminal street gang can have a gun in his home but now his car. Where then is the "extension"? If a vehicle is an extension of your home, why a different set of rules for the vehicle?

Think I have a pet peeve with the terms "castle doctrine" and "extension of your home"??

So for the legal and short answer I believe you are looking for........

In your car is legal (for the owner or operator.. NOT a passenger unless with a license to carry) with absolutely no other permit required for the average person meaning if you're not a gang member, you aren't a convicted felon, you aren't committing another crime. The average person can can carry a concealed the handgun in a vehicle. That's it.

Of course if your buddy is in your car with a handgun under the seat and a cop stops you and somehow lawfully looks under the seat to find it (like with your consent or you tell him its there is he questions you), you can simply claim the gun is yours.

Also note... a knife over 5.5" is illegal to carry in the public under UCW 46.02. Also a dagger which generally is a double edged knife or one that is pointed and designed for the purpose of stabbing people, etc., and also illegal is a "club". Those are not illegal to own (unlike Prohibited Weapons PC 46.05) but they are illegal to carry in the public. The illegal knife and the club are also legal in a car just as your home (the law lists handgun, illegal knife and club all as illegally "carried" weapons... they are all equal under the UCW law). That means legal to own but not have in public unless they are used in a common pursuit such as a butcher knife at a cookout, a fillet knife while fishing, a Bowie knife while hunting, etc. The reason I bring them up is that in a car, they are legal but do not have to be concealed and they do not become illegal if committing another crime as is the law for a handgun. Only the handgun has to be concealed so they are all in the same category but the handgun has those special exceptions of requiring it to be hidden and no other crime being committed.

Oh yeah, I almost forgot this part. TX basically has no laws on how the handgun is carried. Magazine in a pistol, one in the chamber, revolver loaded? It doesn't matter. In fact an openly carried and completely empty handgun is illegal in your car but a concealed and fulled loaded, ready to rock and roll Glock with 17 rounds is legal. The loaded and unloaded part (often misstated by "knowledgeable" at the gun counter) is not true. The only TX law on whether a gun is loaded is making a "readily dischargeable" firearms accessible to a child which is someone 16 or under. That law is that you can't leave a loaded firearm (rifle, shotgun or handgun) within access of a child that you are not supervising. Nothing else mentions loaded or unloaded in the Penal Code.

So... to make it short again, a concealed handgun in a vehicle is legal for the owner or person that is operating it (such as you loan it to your nephew) if you aren't committing crimes other than speeding, running a red light, etc.

Whew.........

PS: A rifle or shotgun are legal whether concealed or not. There is nothing that says they are legal, the law on Unlawful Carrying Weapons simply doesn't mention them. A lot of people often ask to show them where something is legal and typically the answer is, laws tell you what is illegal, not what is legal. I can't find any law that says it is legal to wear blue jeans and green sneakers but it is legal (but maybe shouldn't be.....).
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Old 02-23-2017, 07:07 PM   #42
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Also, when you have your handgun properly concealed in the vehicle and get stooped by LEO, you are under no obligation to tell them you have a gun in the vehicle--just complicates an otherwise lawful situation.
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Old 02-23-2017, 08:53 PM   #43
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Also, when you have your handgun properly concealed in the vehicle and get stooped by LEO, you are under no obligation to tell them you have a gun in the vehicle--just complicates an otherwise lawful situation.
But if you reach anywhere near it, you might want to let the cat out of the bag.
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Old 02-23-2017, 09:28 PM   #44
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But if you reach anywhere near it, you might want to let the cat out of the bag.
Just in case it jumps out of its hiding place into your hand. Insurance card is always in the visor, wallet in my back pocket. Nothing else is stored with the handgun other than an extra magazine. (Don't want to grab a flashlight or box of tissues if I ever have to get to it in an emergency.)
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Old 02-23-2017, 09:37 PM   #45
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Dang I carried a full auto and 500 rounds when I was 18 openly.
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Old 02-23-2017, 10:17 PM   #46
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Originally Posted by Jmsck12 View Post
Thanks for all the info guys, I should have made it clear it won't be on my body or loaded when it's in my Jeep. Won't take it out of the case until I'm getting ready to walk to my stand from the Jeep.


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Perfectly legal for you to have it loaded, one in the chamber and concealed in your vehicle at 18 traveling wherever you go. Grocery store, gas station, lease, girlfriends house, etc., all legal.
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Old 02-23-2017, 10:23 PM   #47
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https://forum.texaslawshield.com/index.php?topic=2044.0

Texas Law Shield says you're good. You are just as entitled to carry a gun as someone over 21. I often thought you couldn't "possess" a handgun under 21 but after reading about it, I was wrong.


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Old 02-23-2017, 10:24 PM   #48
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Originally Posted by Hammerdown15 View Post
https://forum.texaslawshield.com/index.php?topic=2044.0

Texas Law Shield says you're good. You are just as entitled to carry a gun as someone over 21. I often thought you couldn't "possess" a handgun under 21 but after reading about it, I was wrong.


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Hell, he can buy one in a private sale from an individual on here if he would like.
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Old 02-23-2017, 10:59 PM   #49
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TVC nailed it, several times. As did Justin
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Old 02-23-2017, 11:00 PM   #50
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Originally Posted by tvc184 View Post
An unloaded handgun that is in a secured location is just as illegal as one that is fully loaded and ready to go.



Translation: There is only one loaded firearm law in TX (and it isn't strictly handguns) and that is with criminal negligence, allows a child to have access to a "readily dischargeable" firearm......with a child being 16 or under. Even then there are defenses to the law.



Otherwise, loaded or unloaded are the same. If a person is breaking the UCW law, it doesn't matter if the handgun is loaded or if there is ammo in the glove box and the gun on the seat. The gun is what is illegal, not the ammo. Other states have different laws on loaded, being locked away, etc.



An open view (not in a holster under an LTC) handgun is a crime in a vehicle whether loaded or not. A handgun not in plain view is legal whether loaded or not. Again, the location and weapon are the illegal factors, not the ammo.


Listen to this guy he has it right.

That other guy doesn't have a clue!


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