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Texas gun laws

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posted on Jun, 26 2008 @ 12:06 PM
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Alright, i pose a question to anyone with good knowledge on Texas state gun laws.

If i own a handgun, but dont have my Concealed Carry License, can i have a loaded pistol in my car, not in the trunk locked up in a box, but somewhere that i could reach it if need be?

Any insight into this is needed.




posted on Jun, 26 2008 @ 12:09 PM
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If you're travelling into a different county or travelling where you'll have to spend the night away from home. I believe those are the allowances. I'll have to double check that later.



posted on Jun, 26 2008 @ 12:20 PM
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See, i've heard that, and i have heard that it is completely illegal to have one in your car, and i have heard that if you have over 500 dollars on you, you can have one in your car. I did a bit of research on it, but no one can really provide a clear answer.

If anyone is, or was recently a Police Officer in Fort Worth, please comment on the subject.



posted on Jun, 27 2008 @ 03:58 AM
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If you get in your car and leave your driveway you are good to go. You can carry concealed on your person as long as you are a traveler. But let's say you go to the mall, well without a CHL you have to leave the gun in the car. But getting gas, checking into a hotel, or getting out to take a whizz...You are good to carry on your person CONCEALED. But make it easy on yourself..Get the CHL
I have a FFL, teach CHL, have a SOT to sell machine guns, and am LE reserve.

[edit on 27-6-2008 by TXMACHINEGUNDLR]



posted on Jun, 27 2008 @ 07:16 AM
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Here's a long legal discussion about Texas gun laws from a judge. The short of it is:


Tex.Penal Code Ann. § 46.02(b) provides:
(b) It is a defense to prosecution under this section that the actor was, at the time of the commission of the offense:
(3) traveling;

The traveling defense provided by § 46.02(b)(3) has remained unchanged since its promulgation in 1871

Our opinion in that case does hold that a person may travel with a handgun from one place of lawful possession to another so long as he doesn't do it very often.

read Judge Charlie Baird's dissent opinion It contains a very good summary of Texas case law on carrying handguns.


You can read the entire thing but I'd say that TXMACHINEGUNDLR's comments summed it up pretty well.

Personal true story. I was riding with my brother (in his car) on I-10 going to San Antonio and we were pulled over by DPS for speeding. The officer asked if we had a gun in the car, my brother told him yes, under the passenger seat. It wasn't loaded, but it had a full magazine right beside it. We were 10 miles from any town and the trooper never asked to see a gun permit. Obviously the travelling law is understood and effective.

I don't know if you can get away with it riding to work every day, but the case I cited above does seem to indicate that you can. Still you might have to prove it in court depending on what mood the officer is in. Of course you don't have to let them search your car unless you want to.

[edit on 27-6-2008 by dbates]




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