January 18, 2010, 01:58 AM | #1 |
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Texas Handgun Laws
Just recently a friend of mine asked me whether or not it was lawful to carry a loaded handgun with you while you were in your vehicle while not having a concealed carry license. I was always under the impression that in Texas you could not have a handgun on or about yourself or readily accessible to you anywhere but your own premises without a CCL. So, I got home and decided to look up the penal code and this is what I found...
http://www.txdps.state.tx.us/adminis...elatedlaws.htm 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. So, have I been wrong? Can you carry while inside your vehicle and on the way to your vehicle from your premises? It seems like that is how the law reads. I got this from the Texas Department of Public Safety so I'm assuming this is the most up to date. -Ben |
January 18, 2010, 03:33 AM | #2 |
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Don't take this as legal advice to act on (trust but verify - talk to a TX attorney);
My reading of the Code section is that carry inside a vehicle is okay if you are driving (control) or own the vehicle, and then only if the handgun is under the seat, in the glove compartment, etc. From the plain meaning of the Code, it doesn't look like it would be okay to stow your handgun under the seat of your friend's car if he is driving, since you would lack both ownership and control in that situation. You would need to look at the annotated code to see if TX Judicial opinions have clarified or distinguished any part of this section for a more complete answer, though DPS ought to include such decisions if offering this information for public access.
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Please do not rely on the above as legal advice. I am not your attorney, you are not paying me to advise you, I only practice in Indiana, and we have no attorney-client confidential relationship. |
January 18, 2010, 09:24 AM | #3 | ||||
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Mandatory disclaimer: I am not an attorney, nor do I play one on TV. This is not official legal advice. Caveat emptor.
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"Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak Last edited by carguychris; January 18, 2010 at 09:31 AM. |
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January 18, 2010, 03:57 PM | #4 |
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carguychris,
I recognize that IWB is a legit carry method in the car, but I would not suggest it, since, as you pointed out, as soon as you step out you are in unlawful territory. Better to stow it where it can be reached but left in the car, than to IWB and forget it is there when you exit the vehicle. Either way, you're right about the loose wording of the law - glad I don't live in TX (for once)
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Please do not rely on the above as legal advice. I am not your attorney, you are not paying me to advise you, I only practice in Indiana, and we have no attorney-client confidential relationship. Last edited by bblatt11; January 18, 2010 at 08:33 PM. Reason: Clarify euphimisms without using everyone's favorite password -****** |
January 19, 2010, 08:03 AM | #5 |
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IIRC, you may conceal and transport the gun to/from the vehicle from/to your home or place of business without running afoul of the law.
Example: From the house to the car.
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January 19, 2010, 09:51 AM | #6 | ||
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January 19, 2010, 01:30 PM | #7 |
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How does the law pertain to parking lots? Is it against the law to have a loaded handgun in your vehicle on say a public university's parking lot/garage?
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January 19, 2010, 02:18 PM | #8 |
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A hotel room would be another example of "premises under your control."
Parking lots and parking garages are specifically excluded from the definition of premises. See Tex.Pen.Code Sections 46.03(a)(1), 46.03(c)(1), and 46.035(f)(3). However, if an activity sponsored by the school is being conducted in or on a parking lot or garage, possession of a weapon may be prohibited. PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;.... (c) In this section: (1) "Premises" has the meaning assigned by Section 46.035. PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER....(f) In this section:....(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. |
January 19, 2010, 02:23 PM | #9 | ||
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Regarding schools, here's the pertinent sections with emphasis added by me...
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Mandatory disclaimers apply.
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"Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak Last edited by carguychris; January 19, 2010 at 02:33 PM. Reason: Didn't explain 30.05! |
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June 8, 2010, 05:46 AM | #10 |
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I agree with this Sec. 46.03. Illegal guns and other killing materials must be strictly prohibited in public places. So that murderers and other crimes will lessen in public areas.
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June 8, 2010, 09:09 AM | #11 |
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Carguychris:
"On school property, these prohibitions generally don't apply to CHL holders or LE officers, but they apply to everyone else." I've heard another CHL-holder in Texas mention that the signs posted around schools don't apply to CHL-holders. What part of the code is that based on? |
June 8, 2010, 07:09 PM | #12 |
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Luke: Section 30.06 of the Penal Code. You'll sometimes hear/read a reference to 30.06 signs. What I think you heard is a reference to the signage not meeting the criteria set in the law. YMMV.
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June 9, 2010, 02:41 PM | #13 | |
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+1. Here's the statute.
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"Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak |
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