Carrying firearm I vehicle?

[tvc184]

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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Absolutely....

Apples to Boeing 747s.

[gingib]

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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Makes sense..

So what is the difference/law regarding a handgun and also a long gun in your own personal truck in your name?

[tvc184]

Makes sense..

So what is the difference/law regarding a handgun and also a long gun in your own personal truck in your name?

In a vehicle or watercraft that you own or a vehicle or watercraft that you are in control of (like if you borrowed one), you can possess a handgun without an LTC if the handgun is:
Concealed
You are not committing a crime other than a class C traffic citation
You can legally possess a firearm (not a felon or convicted of misdemeanor family violence)
You are not a member of a criminal street gang

So let’s say you have a concealed handgun but you are a DWI. You can be charged with UCW also.

Another example would be that you have a concealed handgun but you were committing class C disorderly conduct (disturbing the peace). Even though it is only the equivalent of a traffic citation, you can still be charged with UCW. So if you’re in the middle of the Walmart parking lot and screaming a bunch of profanities at someone and causing a disturbance, you can be arrested for a fine only disorderly conduct. If they found a handgun in your car then you can be arrested for UCW also.

For a long gun, they are generally legal whether loaded or unloaded and whether seen or concealed. For example if you are a DWI and have a shotgun with you, there is no additional charge. UCW just not apply to long guns. Therein lies the difference. UCW only applies to handuns.

[ClayW]

In a vehicle or watercraft that you own or a vehicle or watercraft that you are in control of (like if you borrowed one), you can possess a handgun without an LTC if the handgun is:
Concealed
You are not committing a crime other than a class C traffic citation
You can legally possess a firearm (not a felon or convicted of misdemeanor family violence)
You are not a member of a criminal street gang

So let’s say you have a concealed handgun but you are a DWI. You can be charged with UCW also.

Another example would be that you have a concealed handgun but you were committing class C disorderly conduct (disturbing the peace). Even though it is only the equivalent of a traffic citation, you can still be charged with UCW. So if you’re in the middle of the Walmart parking lot and screaming a bunch of profanities at someone and causing a disturbance, you can be arrested for a fine only disorderly conduct. If they found a handgun in your car then you can be arrested for UCW also.

For a long gun, they are generally legal whether loaded or unloaded and whether seen or concealed. For example if you are a DWI and have a shotgun with you, there is no additional charge. UCW just not apply to long guns. Therein lies the difference. UCW only applies to handuns.

Thanks for confirming my thoughts

Some of these posts had me second guessing the way I transport a rifle

[tvc184]

Thanks for confirming my thoughts

Some of these posts had me second guessing the way I transport a rifle

The only lol I know of for a long guns other than discharging them in public, would be under the disorderly conduct laws. It is disorderly conduct to carry it in a manner calculated to alarm.

The law does not define calculated and I’m not sure why they did not use a culpable middle state such as intentionally or knowingly.

I think it means if you’re waving it around, it is likely a crime. If you have it in a vehicle or just walking down the street with a sling over your shoulder, you’re probably OK. What the district attorney will accept comes down to the facts and the county you are in. The law is the same in each county but what the district attorney will go after might absolutely depend on where.

[SRK14]

I’ve always carried some sort of firearm in my vehicle. Wether or not it was visible, I have always made a point to let the officer know as quickly as I can without interrupting him/her. Never had a problem regardless of handgun or long gun. Circumstances may be different in the big towns, but no trouble around my area that I live.

[Keg]

Motorists Protection Act Edit

Gov. Perry also signed H.B. 1815 after passage by the 2007 Legislature, a bill that allows any person to carry a handgun in the person's motor vehicle without a CHL or other permit.[32] The bill revised Chapter 46, Section 2 of the Penal Code to state that it is in fact not "Unlawful Carry of a Weapon", as defined by the statute, for a person to carry a handgun while in a motor vehicle they own or control, or to carry while heading directly from the person's home to that car. However, lawful carry while in a vehicle requires these four critical qualifiers: (1) the weapon must not be in plain sight (in Texas law, "plain sight" and "concealed" are mutually exclusive opposing terms);[33] (2) the carrier cannot be involved in criminal activities, other than Class C traffic misdemeanors; (3) the carrier cannot be prohibited by state or federal law from possessing a firearm; and (4) the carrier cannot be a member of a criminal gang.[34][35]

Previous legislation (H.B. 823) enacted in the 2005 session of the Legislature had modified TPC 46.15 ("Non-Applicability") to include the "traveller assumption"; a law enforcement officer who encounters a firearm in a vehicle was required to presume that the driver of that vehicle was "travelling" under a pre-existing provision of 46.15, and thus the Unlawful Carry statute did not apply, absent evidence that the person was engaged in criminal activity, a member of a gang, or prohibited from possessing a firearm. However, attorneys and law enforcement officials in several municipalities including DA Chuck Rosenthal of Houston stated that they would continue to prosecute individuals found transporting firearms in their vehicles despite this presumption,[36] leading to the more forceful statement of non-applicability in the 2007 H.B. 1815.

[Keg]

Carry your Glock in your console... It’s no problem whatsoever... Since Perry signed 1815 into law.. many of the previous laws are of no consequence...

[SETX_Insanity]

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

Long guns and handguns are not in the same category. It's apples to oranges when talking laws

[megger89]

Signed up for the class starting Saturday!

How did you class go?

[Tony Pic]

I would think rights are different in a vehicle on a public road as opposed to your home because driving is a privilege and can be given and taken by the state and not a Right given like the Constitution gives to all.
So while you are allowed to have a concealed gun in your home/castle/domicile the give back I summarize was that it had to be concealed because the vehicle travels a public road and could be seen by the public and fears generated.
The LTC/CCW covers that.

I'm just thinking out loud here.

[Roger_Roger]

BTW I'm 72 and have handgun experience going back to the 1960's. I just don't need any hassles these days.

If you are a Vet you can get it for $25 app fee, don't forget to send DD214 of you go that way. The rest ($$) depends on how you handle it.
It's an easy process and reasonably fast. On line info easy to access. If you don't have them after 30 days go on line and check status. My prints did not go through first time and I did not receive in the mail notice. Had them rolled again, no charge, and had CHL in 2 weeks.

[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. $$$$$!

From what I read above on the clarification, what law did I break?

Looks to be perfectly legal in plain view, loaded or unloaded

[Bluesman]

How did you class go?

It went well, thank you!
Will get finger printed in the morning.
I actually shot way better than normal.
5 to 6 week wait for the license. Bought in to the Law Shield plan.

[tvc184]

From what I read above on the clarification, what law did I break?

Looks to be perfectly legal in plain view, loaded or unloaded

As long as it is a rifle or a shotgun, no law is violated as long as you are not flashing it around.

Just because I see it brought up and not directed at you, the only law I can think of that mentions loaded or unloaded firearms is making a loaded firearm accessible to a child. Recklessly allowing a child access to a loaded firearm is a crime even if no one is injured or threatened. This does not apply went under the direct supervision of an adult.