The Firing Line Forums

Go Back   The Firing Line Forums > Hogan's Alley > Tactics and Training

Reply
 
Thread Tools
Old September 24, 2005, 08:15 PM   #1
Mr.XD9mm
Senior Member
 
Join Date: September 11, 2005
Posts: 192
TExas Law Pistol Vehicle Carry

I know I posted a similar message once before but what does the law state on this issue.

Can you keep it in the front seat with a loaded clip and one racked in the chamber?

Or does it have to be behind you with a clip in it?

Or does it have to be unloaded far out of reach like under the backseat?

I drive a SUV and curious about this subject thanks!
Mr.XD9mm is offline  
Old September 24, 2005, 08:52 PM   #2
JohnKSa
Staff
 
Join Date: February 12, 2001
Location: DFW Area
Posts: 18,216
If you're smart you'll keep it concealed from casual observation to prevent being unnecessarily hassled.

TX Penal Code makes no differentiation between loaded and unloaded guns. If it's legal to have a gun in a particular situation, then it's legal for it to be loaded.

Posession means that it's easily accessible to passengers/driver. Since the law relates to posession you can have it anywhere you want. The law does not allow you to carry it on your person once you leave your vehicle .

The new law basically gives you the benefit of the doubt if you're caught with a handgun in your vehicle. It says that the LEO is to presume you're travelling if you're caught with a handgun in your car. TX law already allowed a person to carry a handgun in the car while travelling.

IF for some reason the LEO feels that he has decent evidence that you are NOT travelling, and the DA decides to prosecute and can prove that you were not travelling then you're going to be penalized.

The old law put the burden of proof on you to show that you were travelling, the new law puts the burden of proof on the government to show that you weren't. There still is not a good legal definition of what travelling is.

If you DON'T have a CHL, you are not required to tell an LEO that you are armed. If you are smart and have the gun concealed then it should be a non-issue. Remember that anytime you are stopped, you will be asked for proof of insurance--if you keep it in your glove box like I do, it's not smart to put your gun in there with it...
__________________
Did you know that there is a TEXAS State Rifle Association?
JohnKSa is offline  
Old September 24, 2005, 10:12 PM   #3
Doug.38PR
Junior member
 
Join Date: January 18, 2005
Posts: 3,298
what if the cop (say you are in Houston as I am) asks to search your car and you say no. Can they hold you on the roadside and call in for a search warrant?

It's a non issue for me but I know others who do not have CHLs and would be well off carrying a gun in their car, the thing is, our thug DA in Houston has vowed to persecute (as opposed to prosecute) good guys for carrying guns in their car despite the new law and, more to the point, despite the fundamental right of self defense.
Doug.38PR is offline  
Old September 24, 2005, 10:37 PM   #4
JohnKSa
Staff
 
Join Date: February 12, 2001
Location: DFW Area
Posts: 18,216
They can only hold you for a search if they have a good reason, and your refusal is not a good reason, legally speaking. Besides, even if you are caught with a gun, the law says that THEY have to prove you're not travelling. Unless you tell them where you're going and where you're coming from (and you don't have to) then it seems to me it would be pretty hard for them to prove you weren't travelling.

I'm not sure what the Houston DA is up to--he may just be trying to scare people into doing what he thinks they should. If it turns out that he really is acting contrary to law or instructing the police department to act contrary to law then he would be in trouble.
__________________
Did you know that there is a TEXAS State Rifle Association?
JohnKSa is offline  
Old September 24, 2005, 11:03 PM   #5
Mr.XD9mm
Senior Member
 
Join Date: September 11, 2005
Posts: 192
Interesting

Thats good to know about the pistol law. Always carried a pistol when I went to the deer lease but I was crossing several several counties.

Since the law has come into effect not a lot has been said about it in Houston since the DA spoke out.
What kind of reprecussions would the DA be subjected to if you had a good lawyer that proved you were legal and was able to get you off the hook of charges?
Mr.XD9mm is offline  
Old September 25, 2005, 09:36 PM   #6
JohnKSa
Staff
 
Join Date: February 12, 2001
Location: DFW Area
Posts: 18,216
I don't know, but my guess is nothing.

My personal feeling is that it's going to be very hard for a person to win if the DA actually carries through and tries to prosecute. Not because the DA would automatically win the case, but because of what it would cost you in money and time to defend yourself. I think the Houston DA realizes this too, and that's why he's saying what he is.

I'll also admit that you're somewhat behind the eight ball if an officer casually asks you where you're going and you won't answer. Technically you don't have to tell him, but practically it's going to raise flags if you start to clam up on him when he asks simple questions.

I think that the best thing to do is use common sense and follow the law. TX law allows you to carry a firearm in your vehicle when you're travelling. So if you're travelling, and want to carry a firearm in your vehicle, do it. If you're not travelling, don't do it, or get a CHL.

The new law should cut down on the hassle factor, but if you try and make it into something it's not, you're going to be legally vulnerable. I doubt anyone's going to take you seriously if you're coming back from the corner store with a gallon of milk and try to claim you're travelling.
__________________
Did you know that there is a TEXAS State Rifle Association?
JohnKSa is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 11:31 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.07556 seconds with 7 queries