The Firing Line Forums - View Single Post - Help me understand the law re: carrying a handgun in a car in Texas

carguychris · November 28, 2011, 10:38 PM

OK, just for grins, I'll wrap this up in a nutshell:

An individual without a TX CHL may carry a concealed handgun:

Inside his/her own enclosed motor vehicle on public roads
Inside an enclosed motor vehicle that he/she is driving on public roads
That is loaded
That is readily accessible
In a holster worn on his/her body
That is stored in any readily accessible closed compartment in the vehicle, including the glove compartment
While "directly en route" between the motor vehicle and his/her own property, or other private property where he/she is specifically allowed to carry

An individual without a TX CHL may NOT carry a concealed handgun:

Outside a motor vehicle while he/she is NOT "directly en route" between the vehicle and his/her own property; this likely includes rest stops, gas stations, convenience stores, and other places where a motorist might briefly stop
While a passenger in a motor vehicle he/she does not own
While driving in a private parking area or private drive (note #1) with signage prohibiting firearms
While riding a bicycle or a horse, traveling in a trailer drawn by one or more animals, or riding on an electric bicycle or "personal assistive mobility device" (i.e. motorized wheelchair-type scooter) (note #2)
While engaged in "criminal activity" (note #3)

It is unclear:

Whether an individual without a TX CHL may carry a concealed handgun in a motor vehicle without an enclosed cabin. My opinion? You probably can't, and you probably don't want to be the test case.
What the exact legal limits of "directly en route" are.

Notes:

The meaning of "private drive" can be a lengthy legal topic in and of itself, particularly when the drive appears public, i.e. it has street name signage, it's not gated, it connects separate properties, it has mail service, and/or it has municipal trash pickup. THAT SAID... for the purposes of this discussion, let's assume we're talking about driveways that are obviously private, e.g. shopping center and gas station entrances and parking lots.
Although they are driven by motors and may be operated on some public roads, low-horsepower electric bicycles and "personal assistive mobility devices" are specifically exempted from the definition of "motor vehicle" under most subsections of TX law.
Misdemeanor traffic offenses are exempted from "criminal activity", but DUI's conspicuously are not! Another thing to consider before having "one for the road"!

[Edited 11/29 to add "criminal activity" to "May NOT" list.]

November 28, 2011, 10:38 PM	#13
carguychris Senior Member Join Date: October 20, 2007 Location: Richardson, TX Posts: 7,523	Nutshell summary... OK, just for grins, I'll wrap this up in a nutshell: An individual without a TX CHL may carry a concealed handgun: Inside his/her own enclosed motor vehicle on public roads Inside an enclosed motor vehicle that he/she is driving on public roads That is loaded That is readily accessible In a holster worn on his/her body That is stored in any readily accessible closed compartment in the vehicle, including the glove compartment While "directly en route" between the motor vehicle and his/her own property, or other private property where he/she is specifically allowed to carry An individual without a TX CHL may NOT carry a concealed handgun: Outside a motor vehicle while he/she is NOT "directly en route" between the vehicle and his/her own property; this likely includes rest stops, gas stations, convenience stores, and other places where a motorist might briefly stop While a passenger in a motor vehicle he/she does not own While driving in a private parking area or private drive (note #1) with signage prohibiting firearms While riding a bicycle or a horse, traveling in a trailer drawn by one or more animals, or riding on an electric bicycle or "personal assistive mobility device" (i.e. motorized wheelchair-type scooter) (note #2) While engaged in "criminal activity" (note #3) It is unclear: Whether an individual without a TX CHL may carry a concealed handgun in a motor vehicle without an enclosed cabin. My opinion? You probably can't, and you probably don't want to be the test case. What the exact legal limits of "directly en route" are. Notes: The meaning of "private drive" can be a lengthy legal topic in and of itself, particularly when the drive appears public, i.e. it has street name signage, it's not gated, it connects separate properties, it has mail service, and/or it has municipal trash pickup. THAT SAID... for the purposes of this discussion, let's assume we're talking about driveways that are obviously private, e.g. shopping center and gas station entrances and parking lots. Although they are driven by motors and may be operated on some public roads, low-horsepower electric bicycles and "personal assistive mobility devices" are specifically exempted from the definition of "motor vehicle" under most subsections of TX law. Misdemeanor traffic offenses are exempted from "criminal activity", but DUI's conspicuously are not! Another thing to consider before having "one for the road"! [Edited 11/29 to add "criminal activity" to "May NOT" list.] __________________ "Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak Last edited by carguychris; November 29, 2011 at 10:05 AM.