November 26, 2011, 12:06 AM
Join Date: October 20, 2007
Location: Richardson, TX
Culled from an earlier post of mine, with minor edits.
Per Section 46.02 of the TX Penal Code, a civilian without a CHL is allowed to carry a concealed handgun only in these places:
- "on the person's own premises or premises under the person's control"[46.02(a)], which includes RVs and trailers [46.02(a-2)]; and
- "inside of or directly en route to a motor vehicle that is owned by the person or under the person's control" [46.02(a)(2)], with the caveat that the handgun may not be in plain view [46.02(a-1)].
Mandatory disclaimer: I am not an attorney, nor do I play one on TV. This is not official legal advice. YMMV, caveat emptor.
- AFAIK the meaning of "directly en route" is a legal grey area, as is the legality of non-licensed CCW in a motor vehicle without an enclosed cabin (one cannot literally be "inside of" a motorcycle or an open farm tractor). This law was passed recently and AFAIK these two provisions have not been contested in court. IOW I would NOT assume it is OK to carry on a motorcycle until the matter is settled by the legislature or the courts.
- The "plain view" provision is non-specific; IOW the gun doesn't have to be in the glove compartment, a case, or anywhere else in particular, it just has to be hidden. Myself and others have concluded that the owner is free to wear it in a holster as long as he/she stays within the vehicle (see above).
- The statute does NOT seem to authorize carry if you are a passenger in a vehicle you do not own. The vehicle must be "owned by the person" (self-explanatory) or "under the person's control" (i.e. the carrier is the driver).
"Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak