Carrying firearm I vehicle?

[tvc184]

Oh yeah, a vehicle is not an extension of your home. It is an enacted law allowing the carry of handguns under certain circumstances.

[BrianL]

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and

(2) is not:

(A) on the person's own premises or premises under the person's control; or

(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

[bboswell]

In Texas you may carry it concealed inside the vehicle but not on your person or in plain view. If you have an LTC then you may carry it on your person or in plain view. Either way if you intend to carry you should also have Texas Law Shield insurance. $135-140 per year.

Only way a handgun can be carried in plain view is by a LTC holder that has it holstered on his person.

[muzzlebrake]

Only way a handgun can be carried in plain view is by a LTC holder that has it holstered on his person.

Thanks for clarification and correction.

[gingib]

Oh yeah, a vehicle is not an extension of your home. It is an enacted law allowing the carry of handguns under certain circumstances.

The 3-4 cops I know in my town must be wrong then, including the police chief

I got pulled over going 25 MPH with a loaded AR with suppressor in my front seat in arms reach. I told the cop when he came to my window. He didn't care and I got a warning for speeding

I know plenty of people who carry rifles in their truck at school, unloaded, and out of view as it is a designated parking lot

[imyomama]

The 3-4 cops I know in my town must be wrong then, including the police chief

I got pulled over going 25 MPH with a loaded AR with suppressor in my front seat in arms reach. I told the cop when he came to my window. He didn't care and I got a warning for speeding

I know plenty of people who carry rifles in their truck at school, unloaded, and out of view as it is a designated parking lot

boy! you do that in dfw or a big city and they will throw the book at you. big difference about good ol boy country cop ... that is an excuse for liberals to take all our guns away ... now don't get me wrong , you might end up being the good guy that stops the bad guy , but i guarantee you that's not the way they would look at it ...

ps . you're lucky if you get a warning for speeding too ... been pulled over a few times over the years , always showed my chl, and put my hands out the window and was courteous ... never got off easy, even for 7 over. $$$$$!

[gingib]

boy! you do that in dfw or a big city and they will throw the book at you. big difference about good ol boy country cop ... that is an excuse for liberals to take all our guns away ... now don't get me wrong , you might end up being the good guy that stops the bad guy , but i guarantee you that's not the way they would look at it ...

ps . you're lucky if you get a warning for speeding too ... been pulled over a few times over the years , always showed my chl, and put my hands out the window and was courteous ... never got off easy, even for 7 over. $$$$$!

Perks of living in a small town. I have a CDL, so that usually helps as I am very polite and rarely get pulled over.

A small town cop knows a ticket hurts a CDL driver bad.

I was rushing on my way to kill pigs with the gun loaded in the front seat in plain view

[Clay C]

The 3-4 cops I know in my town must be wrong then, including the police chief

I got pulled over going 25 MPH with a loaded AR with suppressor in my front seat in arms reach. I told the cop when he came to my window. He didn't care and I got a warning for speeding

I know plenty of people who carry rifles in their truck at school, unloaded, and out of view as it is a designated parking lot

He's not saying it's illegal, he's saying it's legal under a different premise. A lot of people think it's legal to carry in your vehicle because the law states it's an extension of your home, which isn't true. Also, the law is different for handguns and long guns.


All of these laws are stupid.

[RedBear78]

I’m glad they clarified the law I got arrested 20 years ago one week before I got married.I was on my way for a hog hunt kinda last time as a free man evening.Got pulled over by a small town cop for supposed bad tail light.I had 3 guns in truck he ran numbers for theft and the came back clean he then decided to arrest me of unlawfully carrying a weapon.I had a clean record up to this point.Thankfully I had a few friends in LE they made a few calls and things were dismissed. I still have that 357 SW I’ve been pulled over many times since Ive told officers I have a pistol under my back seat and not a one have batted an eye.The officer that arrested me from what I was told lost his peace officer abilities in Texas since then.

[gingib]

He's not saying it's illegal, he's saying it's legal under a different premise. A lot of people think it's legal to carry in your vehicle because the law states it's an extension of your home, which isn't true. Also, the law is different for handguns and long guns.


All of these laws are stupid.

Ahhh ok. Well what is the law on having a gun in your truck with the idea your vehicle is an extension of your home?

[Clay C]

I’m glad they clarified the law I got arrested 20 years ago one week before I got married.I was on my way for a hog hunt kinda last time as a free man evening.Got pulled over by a small town cop for supposed bad tail light.I had 3 guns in truck he ran numbers for theft and the came back clean he then decided to arrest me of unlawfully carrying a weapon.I had a clean record up to this point.Thankfully I had a few friends in LE they made a few calls and things were dismissed. I still have that 357 SW I’ve been pulled over many times since Ive told officers I have a pistol under my back seat and not a one have batted an eye.The officer that arrested me from what I was told lost his peace officer abilities in Texas since then.

Wow. What a scumbag. The 2nd Amendment has been dying here for decades.

[tvc184]

He's not saying it's illegal, he's saying it's legal under a different premise. A lot of people think it's legal to carry in your vehicle because the law states it's an extension of your home, which isn't true. Also, the law is different for handguns and long guns.


All of these laws are stupid.

Correct. There is nothing in the Penal Code that makes your vehicle an extension of anything. If your vehicle is an extension of your home, why do you have to conceal a handgun unless you have an LTC? You do not have to do that in your home

The police cannot enter your home even for a felony without a warrant yet the police can search your car even for a misdemeanor without a warrant. If your vehicle is an extension of your home, why is it warrant not required for a vehicle?

UCW laws also apply to a watercraft and a handgun is legal to carry if it is concealed just as you could conceal one in your vehicle if concealed. Are they thinking that a boat is an extension of your home?

[wsteffen]

In Texas you may carry it concealed inside the vehicle but not on your person or in plain view. If you have an LTC then you may carry it on your person or in plain view. Either way if you intend to carry you should also have Texas Law Shield insurance. $135-140 per year.

Agreed with all of this, especially Texas Law Shield, but if you get you LTC you avoid any hassles.

[Mike D]

Traveling is still in the law as non-applicable for UCW.



There was a hodgepodge of court rulings throughout the state and no clear answer to what was traveling. They left it up to courts and appeals districts. Some court cases said things like it had to out of your county and/or overnight, more than 24 hours, were you actually going between destinations or merely hanging out and so on. The law itself did not specify a definition of traveling and courts had different rulings according to where you were. The Court of Criminal Appeals (supreme court for criminal cases) who could have set precedent apparently ever did



To remedy this the legislature added a “presumed” to be traveling in you were in a moveable vehicle under your control.



When the LTC (not CHL) became law, the legislature took the presumption of traveling out since they then added the handgun had to be concealed unless in a shoulder or belt holster with an LTC.



They did not remove traveling though and it is still an exemption (non-applicability) to UCW. They only removed the presumption of traveling.



Here is the current law. Notice 2 Traveling and 3 any sporting activity if a firearm is normally used in that activity.



Sec. 46.15. NONAPPLICABILITY



(b) Section 46.02 (UCW) 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 437.001, 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, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;







So.....



UCW does not apply to traveling or certain sporting activities. The best bet would be under an LTC or concealed under UCW however traveling has not been removed from the law as a means to carry a handgun.

Thanks for the clarification TVC. I stand corrected.

I’ll go sit in the corner now, lol.


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[Mike D]

The 3-4 cops I know in my town must be wrong then, including the police chief



I got pulled over going 25 MPH with a loaded AR with suppressor in my front seat in arms reach. I told the cop when he came to my window. He didn't care and I got a warning for speeding



I know plenty of people who carry rifles in their truck at school, unloaded, and out of view as it is a designated parking lot

The scenario being discussed is about handguns. Your examples is a long gun. Completely different set of laws for each regarding how they can be transported in a vehicle.


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