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Old August 1, 2011, 06:16 PM   #1
bullethole1
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Texas hand gun question?

Do you have to have a permit or concealed handgun license to carry around a pistol or revolver in your vehicle in Texas as long as you dont take it out until you are on your own property. Thanks
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Old August 1, 2011, 06:20 PM   #2
youngunz4life
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as long as you are legally allowed to own a weapon

no you do not. In Texas you may carry a handgun in your vehicle even if it's loaded. You do not have to have a permit. It is required that the handgun be concealed: NOT in back window, on the front passenger seat, etc, etc.

This only goes for TX obviously, and it is important to make sure the weapon is concealed which many people prefer to do in their glove box, under their seat, in their center console, etc, etc.

www.handgunlaw.us is a good website to check out. click on texas
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Last edited by youngunz4life; August 1, 2011 at 06:25 PM.
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Old August 1, 2011, 09:15 PM   #3
bullethole1
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Thanks,I appreciate the feedback!
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Old August 1, 2011, 10:37 PM   #4
bcheuh2010
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I read through the linked material and still have a few questions.

1) Are you allowed to use this handgun to defend yourself (I assume yes why else would you have it, but you know what they say about assuming)
2) If you have a gun in your car out of site and are pulled over for a traffic violation do you have to notify the police officer you have it?
3) If my handgun is closed in the plastic mfg case/box does that count as concealed?
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Old August 1, 2011, 11:27 PM   #5
youngunz4life
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the answer is yes to all 3 questions:

-the informing texas officer part is in red letters at the top right of the page after you click texas. you can check every state, other lands such as quam, virgini islands and so-on, as well as click USA for federal law. my advice is to assume you have to notify in any state unless you are positive you do not have to
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Old August 2, 2011, 08:31 AM   #6
Rj1972
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Quote:
2) If you have a gun in your car out of site and are pulled over for a traffic violation do you have to notify the police officer you have it?
Quote:
the answer is yes to all 3 questions:

-the informing texas officer part is in red letters at the top right of the page after you click texas.
That's not how I read this. Referring to the Must Inform section in the link indicates that we need to provide/inform of our license to carry. If you don't have a CHL then I'm not sure I see where it is stating you must inform that you have a handgun in the vehicle. If I didn't have a CHL I'm not sure I would volunteer that info unless I needed to reach anywhere near it or asked about it. I would also make sure the officer knew about it if he asked to search my vehicle (neither you nor the officer really wants a surprise).

I don't know of any law indicating a must inform for non-CHL holders, but I'd do more research. House bill 1815 was one of the ones that relaxed it for carry in vehicles. Notes the restrictions. HB1815
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Old August 2, 2011, 08:43 AM   #7
Bartholomew Roberts
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Quote:
the answer is yes to all 3 questions:
Actually, the answer to the second question is "It depends." If you have a CHL and have a concealed handgun in the car, you are required to notify the officer and show him your permit. If you are carrying a concealed handgun in the car without a CHL, there is no legal requirement to notify the officer.

This is one of the reasons the Texas legislature reduced the penalty for failing to notify (for CHLs) from 30 day suspension of license and a Class B misdemeanor to a misdemeanor with no penalty.

However, as a general rule, I find that notifying the officer generally helps the situation.
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Old August 2, 2011, 11:43 AM   #8
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thanx for the clarification as I didn't know that. I already had an edit on my 1st post because my memory was trying to remember. I still think there might be a law somewhere stating the gun holder must inform(in texas), but I haven't found it as of yet. If the 'car is the home' in texas, then I don't see why one should have to inform by law.
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Old August 2, 2011, 01:17 PM   #9
secret_agent_man
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There is a conflict if a CHL holder must notify, while a someone without a permit is not compelled to notify. Inside a car is a legally protected area in Texas for handgun carry, which should mandate equal treatment.

Another thing: a handgun carried inside a vehicle in Texas must be concealed. Otherwise, I suppose the cops could cite you for open carry, illegal in Texas.
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Old August 2, 2011, 01:30 PM   #10
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Does this apply for out of state visitors as well? I am planning a trip to Texas in the coming months and I do not think my Florida non-resident will be received in time.
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Old August 2, 2011, 04:05 PM   #11
Bartholomew Roberts
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Quote:
Does this apply for out of state visitors as well?
Here is the actual text of the law (Texas Penal Code Sec. 46.02):

Quote:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if the person 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.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
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Old August 5, 2011, 10:40 AM   #12
BRE346
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Day of learning

It''s a good day when you learn something.

I'm glad to read the law about carrying in a car in Texas. It is a certain store which I visit irregularly that I musn't carry into.

Thanks for that.
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Old August 5, 2011, 11:34 AM   #13
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Quote:
(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
This is the kind of thing that keeps me on my toes. In Idaho, if you are within the city limits, exactly the opposite is true - if the gun is in plain sight, it's OK. If it's concealed in the car, you're in trouble! Of course, if you have a CCW, the rules are different (and Idaho accepts any other state's CCW).
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