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Old June 26, 2011, 01:29 AM   #1
newbie101
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Join Date: June 26, 2011
Location: Texas
Posts: 2
Texas Law Clarification

I am 18 so...

I can own a handgun.
I can purchase a handgun but only from a private dealer.

I cannot carry concealed. What does this mean? I simply cannot have the gun on my person at any time or in my vehicle WITH me?

I intend on buying one at a gunshow fairly soon. How do I walk out with it? Carry it in plain sight?

These retarded laws are confusing. Thanks in advance for clarification.
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Old June 26, 2011, 01:51 AM   #2
youngunz4life
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Location: United States of America
Posts: 1,877
I know you don't like confusing, so focus on the top part

unless you're into this type of thing in which case you can read the entire law. this info is texas state law and is quoted from www.handgunlaw.us (click on Texas). You are allowed to own a handgun, and you are allowed to have it on you in YOUR vehicle & at home.

Quote:
RV/Car Carry Without A Permit/License
From the Texas DPS FAQ Page:
Q. Can I carry a handgun without a license when driving or traveling in a Motor Vehicle?
www.handgunlaw.us 6
A. Effective September 1, 2007 a person who can legally possess a firearm may possess or carry a handgun in motor vehicle (including a recreational vehicle with living quarters) that is owned by or under the lawful control of the person. However, the firearm must be concealed, the person may not be engaged in criminal activity, and also may not be a member of “Criminal Street Gang.” The person may also carry the firearm to and from his vehicle without a license. (See Texas Penal Code 46.02 (a). However, DPS recommends that you seek the advice of an attorney with any questions regarding the unlicensed carrying of firearms.

****************

Note: The law as written is below.
Title 10 . Section 1
Section 46.02
(a) A person commits an offense if the person [he]
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about
his or her person a handgun in a motor vehicle that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of
a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being
used as
living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a
vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
SECTION 2.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state
military forces as defined by Section 431.001, Government Code, or as a guard
employed by a penal institution;
(2) is on the person's own premises or premises under the person's control unless the person
is an employee or agent of the owner of the premises and the person's primary
responsibility is to act in the capacity of a security guard to protect persons or property,
in which event the person must comply with Subdivision (5);
(3) is traveling;
(4) [is engaging in lawful hunting, fishing, or other sporting activity on the immediate
premises where the activity is conducted, or is en route between the premises and the
actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;
www.handgunlaw.us 7
(5) holds a security officer commission issued by the Texas [Board of Private Investigators
and] Private Security Board [Agencies], if:
(A) the person is engaged in the performance of the person's duties as a security officer
or traveling to and from the person's place of assignment;
(B) the person is wearing a distinctive uniform; and
(C) the weapon is in plain view;
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter
411, Government Code [Article 4413(29ee), Revised Statutes], to carry a concealed
handgun of the same category as the handgun the person is carrying;
(7) holds a security officer commission and a personal protection officer authorization issued
by the Texas [Board of Private Investigators and] Private Security Board
[Agencies] and [who] is providing personal protection under Chapter 1702, Occupations
Code [the Private Investigators and Private Security Agencies Act (Article 4413(29bb),
Vernon's Texas Civil Statutes)]; or
(8) holds an alcoholic beverage permit or license or is an employee of a holder of an
alcoholic beverage permit or license if the person is supervising the operation of the
permitted or licensed premises.
SECTION 3. The following provisions are repealed:
(1) Section 46.15(h), Penal Code; and
(2) Section 46.15(i), Penal Code, as added by Chapter 288, Acts of the 79th Legislature,
Regular Session, 2005.
SECTION 4. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was committed before that date.
SECTION 5. This Act takes effect September 1, 2007.
http://www.statutes.legis.state.tx.us/ Texas Statutes
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Old June 26, 2011, 02:30 AM   #3
JohnKSa
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Join Date: February 12, 2001
Location: DFW Area
Posts: 18,189
Quote:
I can purchase a handgun but only from a private dealer.
There is no such thing as a "private dealer" of firearms. You can not purchase a handgun from a dealer period until you are 21. You can only purchase a handgun from a private party who is a resident of TX and is not a dealer.
Quote:
I cannot carry concealed. What does this mean? I simply cannot have the gun on my person at any time or in my vehicle WITH me?
You can't get a concealed handgun license until you're 21 unless you are active duty/retired military. That means you can't carry the handgun off your property (concealed or otherwise) unless you meet the criteria for the "lawful hunting, fishing, or other sporting activity" caveat.

There is no provision for open carry under TX law other than the "lawful hunting, fishing, or other sporting activity" caveat in which case (if the provisions are met) you can carry openly or concealed on the immediate premises where the activity takes place. I'm just mentioning this for completeness--it's not a feasible method for legally carrying in public.

The only exception is that you CAN have a handgun in your vehicle as long as it is concealed (either concealed on your person or concealed in the vehicle) and you meet the other requirements in the law for legally having a handgun in your vehicle.
Quote:
These retarded laws are confusing.
Laws don't always make a lot of sense, but knowing the laws that apply to you and abiding by them is part of being a responsible gun owner and a responsible adult.
Quote:
I intend on buying one at a gunshow fairly soon. How do I walk out with it? Carry it in plain sight?
Assuming you can find someone who has a handgun you want, who is selling it for a price you're willing to pay, who can legally sell it to you (not a dealer) and who is willing sell it to you (knows that it's legal for a private party to sell to an 18 year old), you can just walk out to your vehicle with it.

There's no legal requirement to carry it either concealed or openly at that point, but once it goes in the vehicle it must be concealed by law.
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Old June 26, 2011, 08:35 AM   #4
dogtown tom
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Join Date: January 23, 2006
Location: Plano, Texas
Posts: 1,505
JohnKSa nailed it.
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Need a FFL in north Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me.

$20 transfers ($10 for CHL, active military,police,fire or schoolteachers)
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