gun law

[NO MORE F4I]

its legal to carry a pistol in the car without a CGL now isnt it? does anyone have the link?

[tomLSTD]

its legal to carry a pistol in the car without a CGL now isnt it?

The only legal way I know of is if you have it in the trunk or back of the cab, in a case, unloaded. Sorry, I don't have a link (I'm sure you can google it; texas handgun transportation laws maybe).

Where did you hear it was legal w/o the CHL?

[NO MORE F4I]

i thought i saw a post here that said you could carry it in the truck now. i looked but couldnt find the post

[tomLSTD]

I never heard that one, I'm curious though; I doubt the law was changed, but maybe it was.

[NO MORE F4I]

http://www.houstonsbr.com/sbrf/index.php?topic=480.0

[paniro187]

is it illegal to have one in your home if you have a record?? what if i shoot an intruder with it. would i be going down???

[texlurch]

is it illegal to have one in your home if you have a record?? what if i shoot an intruder with it. would i be going down???

As long as you don't have any felony convictions, you're ok. Felony means you cannot even own one.

As of Sept 1 the new law went into effect that you can carry it in the car, loaded and concealed.

[paniro187]

As long as you don't have any felony convictions, your ok. Felony means you cannot even own one.

As of Sept 1 the new law went into effect that you can carry it in the car, loaded and concealed.

i'm out of luck then :(

[texlurch]

Get a taser; better than nothing to defend yourself with.

[Lucifer]

depends on your record and its restriction. I know of some people that can't even be caught with bullets or they go down. If you don't have any felonies it is legal for you to have one in your home out of childrens reach. From what I have been told by multiple officers is that you can have it in the trunk or under the rear seat out of immediate reach, unloaded, with out any mags in it(even if empty), and even then it still depends on the officers mood.

[texlurch]

From what I have been told by multiple officers is that you can have it in the trunk or under the rear seat out of immediate reach, unloaded, with out any mags in it(even if empty), and even then it still depends on the officers mood.

That is the old law, but it changed as of Sept 1.

[paniro187]

wonder what would happen if i was to shoot someone coming in my home and they found out i had a record that would suck kill an intruder and go to jail. :rofl:

[issanni]

It's not true that you cannot own one if you have a felony....depends on the felony and how much time has elapsed from what I know.

You have "always" been able to carry a loaded gun in your car in Texas when you are "traveling". The problem is the laws have never clearly defined what "traveling" is. And my understanding is they have tightened them up some to better define it but the cops may still arrest you and let the court/judge sort it out and make the decision if there is ANY question.

[Lucifer]

That is the old law, but it changed as of Sept 1.
See I am always the last one to find out evrything:keke: I don't find out family members and friends are pregnant till the kids 5 yo then I am always like dude why is this kid following you around. Needless to say I feel stupid when they say who my son.

[Radar]

That is the old law, but it changed as of Sept 1.+1 :thumb:

[Lucifer]

your best bet save yourself the trouble of going to jail is to try to get your CHL the course is $100 plus the fee the state charges of $160

[therky42]

When the Legislators rewrote the laws concerning carrying a "Concealed wepaon" they made it legal to carry a handgun concealed in your car. Yes it can be loaded. They also did away with the "traveling statute" that used to be so vague. As long as you are not a convicted felon, a member of a organized criminal gang, or participating inillegal activities then you can carry a loaded concealed handgun in your car legally. If you have ever been convicted of a felony then you are not even allowed to own, posses a firearm. This information is located in the Texas Penal code Title 10 Chapter 46 of the 2007 edition. This law went into effect this year Sept. 1, 2007.

[issanni]

I remember though that police agencies were saying that they would arrest and let the courts sort it out for folks found with concealed guns in their cars if they didn't have a CHL.


Here's what is says about felonies: (you have to wait 5 years)

§ 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person
who has been convicted of a felony commits an offense if he
possesses a firearm:
(1) after conviction and before the fifth anniversary
of the person's release from confinement following conviction of
the felony or the person's release from supervision under community
supervision, parole, or mandatory supervision, whichever date is
later; or
(2) after the period described by Subdivision (1), at
any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under
Section 22.01, punishable as a Class A misdemeanor and involving a
member of the person's family or household, commits an offense if
the person possesses a firearm before the fifth anniversary of the
later of:
(1) the date of the person's release from confinement
following conviction of the misdemeanor; or
(2) the date of the person's release from community
supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by
Section 1.07, actively engaged in employment as a sworn, full-time
paid employee of a state agency or political subdivision, who is
subject to an order issued under Section 6.504 or Chapter 85, Family
Code, under Article 17.292 or Chapter 7A, Code of Criminal
Procedure, or by another jurisdiction as provided by Chapter 88,
Family Code, commits an offense if the person possesses a firearm
after receiving notice of the order and before expiration of the
order.
(d) In this section, "family," "household," and "member of a
household" have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third
degree. An offense under Subsection (b) or (c) is a Class A
misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 46.05 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by
Acts 2001, 77th Leg., ch. 23, § 2, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 836, § 4, eff. Sept. 1, 2003.

[__NATE__]

When the Legislators rewrote the laws concerning carrying a "Concealed wepaon" they made it legal to carry a handgun concealed in your car. Yes it can be loaded. They also did away with the "traveling statute" that used to be so vague. As long as you are not a convicted felon, a member of a organized criminal gang, or participating inillegal activities then you can carry a loaded concealed handgun in your car legally. If you have ever been convicted of a felony then you are not even allowed to own, posses a firearm. This information is located in the Texas Penal code Title 10 Chapter 46 of the 2007 edition. This law went into effect this year Sept. 1, 2007.

Good post yes just what he said 3 of our buddys are police officers here in corpus and we were working on some cars and they explained the law to us and its just like he said.. The biggest thing is it HAS to be concealed..

[__NATE__]

I remember though that police agencies were saying that they would arrest and let the courts sort it out for folks found with concealed guns in their cars if they didn't have a CHL.


yes that is what alot of officers were saying But I have even read articals that some depts dident even know about the new law if I do some searching I can find all this if yer interested .. But yes some officers were quoting that but I dont think you should have to much trouble once its been in affect for awhile..

[issanni]

I got a UCW back in like 1994, and I was technically traveling between counties but when I went to court because my "friend" who I had gone to see in a different county didn't show up to testify I plead no-contest and got a year probation.

[tomLSTD]

Used to be that if you crossed 3 counties, you could carry, but I don't remember that being a written law- as others mentioned, there was a traveling law, but it was pretty vague.

+1 on the comments about getting arrested and letting the courts settle things. I could easily see that happening. PO don't fux around in regard to their own safety... right or wrong, can't blame them for that.

[texlurch]

Of course the other thing to keep in mind is that if you don't give them a reason to pull you over, it won't become an issue.

[bumblebee]

I've been stopped a hunnerd times and I only got searched once. That was because the guy in the passenger seat looked over to see the cop looking at him, no big deal right?
Except my buddy had a joint in his mouth at the time.

[PoPoRiderRR]

it has to be in a case/ unloaded/ and can not be in the scope of your reach... Now if you are a felon then you Better not have anything that has to do with a real gun...

[bumblebee]

Might wanna read this:


“Texas H.B. 823 prevents the police from routinely arresting a law-abiding person who is transporting a concealed pistol in his motor vehicle. This is accomplished by clothing a law-abiding person with the presumption of being a traveler. The traveler presumption may be rebutted by the state by presenting proof beyond a reasonable doubt. In plain terms, a law-abiding person should have no problem transporting his pistol in a motor vehicle provided the pistol is concealed.”

The definition of "traveling," for the exemption from a charge of illegal carry under 46.15(b)(3), is this:

A person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.

[Radar]

it has to be in a case/ unloaded/ and can not be in the scope of your reach... This is incorrect under the new law. It must be concealed.

[infidel]

it is legal in texas to carry concealled in your vehicle!



How many times do you have to be told i've posted house bill 823 900 times on this site.

[infidel]

it has to be in a case/ unloaded/ and can not be in the scope of your reach... Now if you are a felon then you Better not have anything that has to do with a real gun...
Wrong !!!you cops need to keep up with the laws..

[Radar]

Wrong !!!you cops need to keep up with the laws..
:thumb:

[infidel]

Get a taser; better than nothing to defend yourself with. tasers are actually restricted for civilian use. like a black jack or brass knuckles..

[NO MORE F4I]

haha the cops dont even know the laws yet

[PoPoRiderRR]

you all are right... I believe it did change several months ago...

[infidel]

changed about 26 months ago..... sept 1 2005

[tomLSTD]

Wrong !!!you cops need to keep up with the laws..

Easy, down killer :keke:









It's a joke, don't shoot me... :D

[tomLSTD]

changed about 26 months ago..... sept 1 2005

I thought the legislation was begun on that date, but it didn't take effect until August of '07...

[texlurch]

I thought the legislation was begun on that date, but it didn't take effect until August of '07...


Sept 1 of 07, ding ding ding winner! :rofl:

[infidel]

ding ding ding sept 1 2005

[infidel]

HB 823 Clarifies Right to Carry Handgun in Vehicle



Tuesday, August 30, 2005

The following press release was issued today by State Representative Terry

Keel regarding HB 823.

TO: Media

FROM: Terry Keel, State Representative, Austin

RE: HB 823 by Keel, Effective 9/1/05 Clarifies Right to Carry Handgun in Vehicle While Traveling

DATE: August 30, 2005

PRESS RELEASE

It is well established in Texas that a person who is traveling has a right to possess a handgun for personal protection. The practical problem with this right has historically been that courts have disagreed on the definition of “traveling”. The legislature has likewise never defined “traveling” because a definition invariably has the unintended effect of unfairly limiting the term to a narrow set of circumstances.

HB 823 becomes effective September 1, 2005, shoring up the right of citizens to carry a concealed handgun while traveling. There have been many inquiries to my office from citizens and media regarding the upcoming change in the law and what it means.

HB 823 provides for a legal presumption in favor of citizens that they are travelers if they are in a private vehicle with a handgun that is not in plain view, they are not otherwise engaged in unlawful activity nor otherwise prohibited by law from possessing a firearm, and they are not a member of a criminal street gang.

In plain terms, a law-abiding person should not fear arrest if they are transporting a concealed pistol in a motor vehicle. There is no longer the need for a law enforcement officer to apply a subjective definition of what constitutes “traveling” where the citizen is cloaked with the presumption per the terms of the new statute. Under those circumstances the citizen should be allowed to proceed on their way.

HB 823 represents the first time a presumption has been crafted in favor of a defendant in the modern penal code of Texas. The presumption applies unless the prosecution proves beyond a reasonable doubt that the facts giving rise to the presumption do not exist. If the state fails to prove beyond a reasonable doubt that the facts giving rise to the presumption do not exist, the jury must find that the presumed fact exists. By enacting this evidentiary standard in conjunction with the presumption, the legislation is intended to have the practical effect of preventing in the first place the arrest of citizens who meet the newly specified prerequisites of being a presumed traveler.

It should be noted that the very real problem of citizens having to prove their innocence after arrest by the assertion of their right to carry a firearm while traveling was the reason for a 1997 legislative change which replaced the “defense” of traveling with a classification of the statute of UCW as instead entirely “inapplicable” to a traveler. This change was well-intentioned but did not have the intended effect of protecting honest citizens from potential arrest because the term “traveling” was still left to individual police or judicial officials to define on a case-by-case basis. As a consequence, law-abiding citizens who availed themselves of their right to have a handgun while traveling continued to face arrest and often later prevailed only in a court of law after proving that they were indeed traveling.

In enacting HB 823, the 79th legislature, like all previous legislatures, declined to define traveling as a narrow set of particular circumstances. For example, to require someone to have an overnight stay in a journey in order to be classified as a traveler would be unfair to persons traveling great distances in one day. Likewise, a requirement that a citizen be “crossing county lines” may make no sense, such as in areas of Texas where travelers drive hundreds of miles without leaving a single county. Moreover, the ability of police to elicit such evidence and consistently apply its subjective terms on the street in a traffic stop has not proven practical, at all. The new statute instead focuses on a defined set of relevant, objective facts that are capable of being determined on the spot by law officers.

There are several additional important points that should be made in regard to the enactment of HB 823 and its interface with current law.

HB 823 does not give “everyone the right to carry a gun in a car”. State and federal laws applicable to firearms must be noted in conjunction with the new statute’s terms, particularly the limitation of the presumption to persons who are “not otherwise prohibited by law from possessing a firearm.” For example, persons subject to an active protective order are not covered by the presumption, nor are persons with any felony conviction or even some misdemeanor convictions for offenses, e.g., family violence. The presumption is likewise inapplicable to persons associated with a criminal street gang, even if they have no conviction for any offense. These as well as all other existing limitations on firearm ownership and/or possession make the new statute inapplicable to persons covered by such prohibitions.

Furthermore, as stated in the statute, the presumption will not apply to persons who are otherwise engaged in any criminal conduct. This would include persons who are driving while intoxicated, driving recklessly, committing criminal mischief, or committing any other criminal offense outside that of a minor traffic infraction.

The presumption also does not apply where the gun is openly displayed.

The enactment of HB 823 was the culmination of study, committee hearings and debate by the House Committee on Criminal Jurisprudence. I am confident that the new law will assist law enforcement in doing its job while at the same time protecting law-abiding citizens from the threat of arrest for merely exercising their right to arm themselves while traveling----a right to which they are already entitled.

For further information, contact State Representative Terry Keel, 512-463-0652.

[texlurch]

http://www.motohouston.com/forums/showthread.php?t=36113

[Stacy]

it is legal in texas to carry concealled in your vehicle!



How many times do you have to be told i've posted house bill 823 900 times on this site.

+10000. When it comes to gun laws, it seems you da man :notworthy:
http://www.motohouston.com/forums/showthread.php?t=36532&page=2

is just one of the many threads in the past several months that covers this issue. (i'm too lazy to search for the others :keke:)

And I'll repost (yet again) the new law

"Replacement for the “Traveling” Law Passed in 2005~HB 1815 by Rep. Carl Isett (R-Lubbock)/Senator Juan “Chuy” Hinojosa (D-McAllen).

Now called the Motorists Protection Act.

For years, Texas law provided for a defense to prosecution against a charge of carrying a concealed handgun without a permit if the person was “traveling.” However, “traveling” was never defined in law. In 2005, the Texas Legislature passed a bill establishing that a person is presumed to be traveling if he or she is in a private motor vehicle, is not engaged in criminal activity, is not prohibited by law from possessing a firearm, and is not a member of a criminal street gang.

The clear intent was to protect law-abiding citizens’ right to carry a handgun concealed for personal protection in their cars or trucks without needing a Concealed Handgun License (CHL). However, some District Attorneys in Texas have thumbed their nose at the intent of the law and have gone so far as to issue public statements that they will arrest anyone found within their jurisdiction to be carrying a handgun in his or her vehicle without a CHL.

Further changes are necessary to address this problem. HB 1815 includes the same safeguards and requirements passed by the 79th Legislature; however it will no longer be an offense for Texans to have a handgun in their vehicle or a vehicle under their control. Passed (5/26/07) Signed by Governor Perry (6/16/07) Effective date 9/1/07"

Unlicensed persons are allowed to carry a gun with you in your vehicle as long as the weapon remains concealed. Unfortunatly, I can see the police and DA's working their way around this if you are anything that is considered to be against the law....something as simple as speeding. (edit* I've been told that they actually can't charge you if you're only caught speeding*).Check out the links for more info regarding this... HB1815 went into effect Sept.1, 2007 It's now called the Motorists Protection Act.

http://www.nraila.org/Legislation/Read.aspx?id=3057
http://www.hro.house.state.tx.us/hro...80r/hb1815.pdf (http://www.hro.house.state.tx.us/hrodocs/ba80r/hb1815.pdf)
http://www.legis.state.tx.us/Home.aspx

[tomLSTD]

OK, I'll admit ignorance here, I thought that a "House Bill" is the first step in legislation (that "infidel" posted from '05), and that in order to become law, it has to clear Senate. Right? Wrong?

My understanding is that the House Bill goes to vote, if passed, goes to Senate, which is what happened and the law was enacted in September of '07.

Feel free to show me the way, I honestly don't know.

[Stacy]

OK, I'll admit ignorance here, I thought that a "House Bill" is the first step in legislation (that "infidel" posted from '05), and that in order to become law, it has to clear Senate. Right? Wrong?

My understanding is that the House Bill goes to vote, if passed, goes to Senate, which is what happened and the law was enacted in September of '07.

Feel free to show me the way, I honestly don't know.

I believe that the law passed in 05, however it was easily misinterpreted and caused wrongful charges to people caught traveling with a handgun that did NOT have their CHL. In 07, the law was updated and clarified. This is my understanding, however I could be wrong. I'll check back in tomorrow and see if anyone has posted any further information. If not, then I'll find some links for ya on this subject, however, I've got to run....time to get ready for work :crying:

[lilmckee]

wheres kinny when ya need him

hes got the info

[bumblebee]

Here is a small piece of the history of the house bill showing (bottom line) when it passed house vote then senate vote and finally when it became effective.
This was copied from the Texas Legislature Online website.
I hope this will put this to bed.


Description Comment Date Time Journal Page
E Effective on 9/1/07 06/15/2007
E Signed by the Governor 06/15/2007 7405
E Sent to the Governor 05/26/2007 7059
S Signed in the Senate 05/25/2007 4495
H Signed in the House 05/24/2007 5831
H Reported enrolled 05/24/2007 08:16 AM 6457
H Senate passage reported 05/23/2007 5549
S Record vote 05/23/2007 3069
S Passed 05/23/2007 3069

[bumblebee]

OK, I'll admit ignorance here, I thought that a "House Bill" is the first step in legislation (that "infidel" posted from '05), and that in order to become law, it has to clear Senate. Right? Wrong?

My understanding is that the House Bill goes to vote, if passed, goes to Senate, which is what happened and the law was enacted in September of '07.

Feel free to show me the way, I honestly don't know.


You were right Tom.

[Cody_Rules]

pwnt by the infidel



and Brandon, why the fck do you need a gun?

[NO MORE F4I]

pwnt by the infidel



and Brandon, why the fck do you need a gun?

i have 2 but thats not the case here

[infidel]

OK, I'll admit ignorance here, I thought that a "House Bill" is the first step in legislation (that "infidel" posted from '05), and that in order to become law, it has to clear Senate. Right? Wrong?

My understanding is that the House Bill goes to vote, if passed, goes to Senate, which is what happened and the law was enacted in September of '07.

Feel free to show me the way, I honestly don't know. house bill was passed in 05 in 07 they further clarified it since asshats DA's like the one we have in harris county were trying to find loop holes in it. harris county tried 2 people for carrying in their vehicle without a license and both cases where thrown out at the grand jury.so now in 07 they made it even more clearer for them. before it put the burden of proof on the officer now its nice and clear that it legal for them to do so.

[PoPoRiderRR]

Guns are cool... unless they are pointed at me...

[DvlRacer]

As long as you don't have any felony convictions, you're ok. Felony means you cannot even own one.



Not true, even certain misdemeanors will prevent you from owning a gun. If you are not allowed to purchase one and you are caught owning one it is a big no-no.

This topic has been covered many times and the other threads have the literature in them but here's the cliff notes:

Since September 1st the law states it is legal for an individual to carry a loaded handgun concealed in their vehicle even if they don't have a CHL. Traveling was defined as anytime you are going somewhere in the vehicle, even down the street.

Brandon, what interests me is how did you get the guns? There are very few legal ways to obtain a handgun under 21. Butttt, as many are unaware(even cops) there is a legal way for someone under 21(over 18) to own a pistol.

~Keith

[PoPoRiderRR]

TRUE DAT...

[Kinny]

Not true, even certain misdemeanors will prevent you from owning a gun. If you are not allowed to purchase one and you are caught owning one it is a big no-no.

Generally, it is Class B misdemeanors and up

This topic has been covered many times and the other threads have the literature in them but here's the cliff notes:

Since September 1st the law states it is legal for an individual to carry a loaded handgun concealed in their vehicle even if they don't have a CHL. Traveling was defined as anytime you are going somewhere in the vehicle, even down the street.
Yup. We've definitely been beating the dead horse for a long time.
It is legal, but still a small chance you can get arrested (ie: officers not knowing about bill 823) Judge will throw it out, but it still waste time and $$. To remove all doubts, I would just get the CHL. That's just me though.

Brandon, what interests me is how did you get the guns? There are very few legal ways to obtain a handgun under 21. Butttt, as many are unaware(even cops) there is a legal way for someone under 21(over 18) to own a pistol.


With a legal guardian if you're under 18. You can purchase a handgun from a private owner if you're 18 - 20, but not from a FFL or store. 21 and up, you can buy from private owner, and a FFL or store.

[Kinny]

Guns are cool... unless they are pointed at me...

:rofl::rofl::rofl: That goes for both of us. :keke:

[DvlRacer]

With a legal guardian if you're under 18. You can purchase a handgun from a private owner if you're 18 - 20, but not from a FFL or store. 21 and up, you can buy from private owner, and a FFL or store.

Almost, it's technically illegal for anyone to SELL a handgun to someone under 21, even with guardian permission. So basically the law says that you have to be 18 or older to possess a handgun but 21 or older to purchase one. Nobody ever said anything about gifts though :nod:

~Keith

[Kinny]

Almost, it's technically illegal for anyone to SELL a handgun to someone under 21, even with guardian permission. So basically the law says that you have to be 18 or older to possess a handgun but 21 or older to purchase one. Nobody ever said anything about gifts though :nod:

~Keith

That's true. :nod: