GUN Question about open carrying in your car v.TX

Discussion in 'On Topic' started by LancerV, Jan 15, 2009.

  1. LancerV

    LancerV Something Happened OT Supporter

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    Open Carrying/Exposed Firearms

    Texas imposes a Class A misdemeanor upon any person that openly carries a handgun on or about the person. Tex. Penal Code Ann. § 46.02. The offense becomes a felony of the third degree if the offense is committed on any premises licensed or issued a state permit for the sale of alcoholic beverages. Id. The provision does not apply to certain security officers, to most persons on their own premises or premises under their control, to persons who are "traveling," or to persons who are engaging in (including going to or from) a lawful hunting or sporting activity. Section 46.15.

    So does this mean I can have it in plain sight if Im driving to a place?
     
  2. It would seem to mean that.
     
  3. SlowTA367

    SlowTA367 New Member

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    No.

    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
     
  4. Conflicting laws? Your best bet would be to talk to an attorney.
     
  5. LancerV

    LancerV Something Happened OT Supporter

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    I think that means you just cant have it on you in plain view
     
  6. phoenixTX

    phoenixTX New Member

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    SlowTA is quoting the portion of the Texas 'castle doctrine' law that went into effect Sept 1, 2007.

    For years Texas had a law in the books that said you could carry a loaded handgun concealed in your vehicle if you were "traveling", but it never specified what traveling meant. It was open to interpretation by the DA, Judges, LEOs, etc...

    The quoted portion of the castle doctrine law clarified the traveling portion of the previous law. It now states that you can carry a loaded concealed handgun in your vehicle as long as you are legally allowed to own a firearm, not committing any crimes, and not listed in the Texas street gang database.
     
  7. DaninTexas

    DaninTexas OT Supporter

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    Yeppers. I carry my Taurus 905 loaded in my glovebox. Course once my paperwork is done it goes on my side.

    But think of it like your house (Cause it is)
     
  8. bpa00

    bpa00 New Member

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    So you can conceal a loaded gun in your vehicle, but it is illegal to have it in plain view?? That doesn't make any sense to me... Who comes up with these crap laws??


    * My position is that you should be able to carry a loaded gun in your vehicle, concealed or out in the open, as long as you are legal to own a gun (no ccw required)...
     
  9. hsmith

    hsmith OT Supporter

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    TX is fail. Even MD has open carry.
     
  10. striker754

    striker754 Chillin

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    come steal my bike at night and we'll see how fail it is
     
  11. Ebtromba

    Ebtromba Active Member

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    i was not aware of this
     
  12. Ebtromba

    Ebtromba Active Member

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  13. hsmith

    hsmith OT Supporter

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    if you have a license :dunno:

    still more than TX has in that regard
     
  14. LancerV

    LancerV Something Happened OT Supporter

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    Yea you prob should tell a cop if you have a firearm, he may ask too see it if he does hand it to him. I usually drop the mag and rack the slide though if its loaded
     
  15. Ebtromba

    Ebtromba Active Member

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    not to mention MD conceal carry permits are nearly impossible to get.

    your comparison of MD to TX is 100% pure certified fail.
     
  16. Bloody Sunday

    Bloody Sunday OT Supporter

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    edit: nvm :o
     
  17. DaninTexas

    DaninTexas OT Supporter

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    Got pulled over few months back. Didn't tell him. Nor did I go anywhere near the glove though. IMO - use common sense. When he walks up to the door don't scream "I got a gun in the glove"

    If a cop askes just tell em. IMO - don't make a big deal about it and they prob won't. Its legal in Texas to have it. Do what I do though. I have a copy of the state laws on carry in your vehicle for both Texas and New Mexico in my truck right by the gun. Since those two states are the only ones I drive through.
     
  18. WooleyBooger

    WooleyBooger OT Supporter

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    What i would prefer you do...keep your hands in plain view, turning on the inside light would be a plus, and let me know that you have a firearm in whatever location, and that it is loaded. Don't reach for it, don't hand it to me, or whatever...i don't want you to touch it. Certainly don't not mention it, and then go digging around in the glove box with the gun in there. Had that happen before...

    And just so you know...on your standard traffic violation the way i would handle that...get you out of the vehicle, quick pat down, move you back away from the vehicle, then i would retrieve and unload/secure the weapon. Then we can proceed with whatever i pulled you over for in the first place, you're gonna get history and wanted checks since felons can't own a firearm in the first place. Then when we're done, i'll put the weapon and ammo (unloaded) back in the glove box or wherever, advise you not to reload it until you get home (or well away from me), and the end...provided nothing else comes up.

    The whole not making any attempts to touch it or reach for it is my big deal. If you're allowed to have it there, i'm not gonna get all in a bunch about it...but in that situation, things could go bad real quick if not handled properly.

    And also, i'm sure you CHL carriers know to hand your CHL over with your id...
     
  19. Mark817teg

    Mark817teg OT Supporter

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    I'm guessing you are a LEO?

    Thats how I handle it though. I have been pulled over twice and if not asked I do not tell. I keep my insurance in the glove box and my gun in the center console where it is out of sight but easily accessable.

    I never really thought about it but I always turn my inside light on to get my insurance; I never thought about doing it for the comfort of the officer.
     

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