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Old 10-21-2007, 08:41 PM   #1
ZUlater
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Question for gun collectors/police officers

Is it legal to carry a pistol in your car without a concealed hang gun license?
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Old 10-21-2007, 08:58 PM   #2
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Hellz to the no. Don't have to be a police officer to know that.

edit: Maybe if your transporting or something, but i think you have to carry it in your trunk. But im pretty sure it's illegal to carry a weapon in the car without a license.
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Old 10-21-2007, 09:08 PM   #3
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yes if you are traveling
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Old 10-21-2007, 09:12 PM   #4
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Just wondering, read something about a new law that says you dont have to have a license to carry a hand gun in your car as of Sep 1, 2007
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Old 10-21-2007, 09:16 PM   #5
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You're thinking of the 'Castle Law' and despite of what it states that are DA's/Police that intend to arrest/file charges against people that have guns in the vehicle.

If you want to have weapon in your car, going to work etc...then your safest legal option would probably be to go ahead and get a CHL.
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Old 10-21-2007, 09:20 PM   #6
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You have to be traveling, going to work or walmart is not traveling, however it is up to the law to prove you are not traveling, don't want to push your luck though because it can be a hassle.
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Old 10-21-2007, 09:21 PM   #7
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Quote:
Originally Posted by trdvet View Post
Yes it is legal, it must be concealed and you can't be in commission of another crime while carrying the gun sans traffic violations. Also if you are a known gang member then it is illegal or if you are prohibited from carrying firearms.
don't you have to keep the ammo seperate?

Can't remember who I heard that from.. but I recall something about can't be loaded/chambered and ammo away from gun
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Old 10-21-2007, 10:15 PM   #8
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Quote:
Originally Posted by trdvet View Post
Yes it is legal, it must be concealed and you can't be in commission of another crime while carrying the gun sans traffic violations. Also if you are a known gang member then it is illegal or if you are prohibited from carrying firearms.


I originally posted this back in September. But I wouldn't just take mine or anyone elses word on this....do some research so you can protect your own azz

Quote:
Originally Posted by Marishka29 View Post
"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. 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.legis.state.tx.us/Home.aspx

Simple way to not have to worry about it is to get your CHL. :/:
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Old 10-21-2007, 10:34 PM   #9
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Yes, but there is still a chance where you can get arrested. The burden of proof whether you're traveling or not is still on your and for the judge to decide.
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Old 10-21-2007, 10:59 PM   #10
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carry a longarm and give the popo the middle finger.
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Old 10-21-2007, 11:06 PM   #11
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It is completely legal to have a pistol in your car as long as it is not in plain view and you are not engaged in criminal activity other than a class C misdemeanor that is a violation of a law or ordinance regulating traffic (i.e. speeding), prohibited by law from possessing a firearm, or a member of a street gang. No other regulations apply- it doesn't matter if the gun is loaded, unloaded, in the trunk or under your , it's all legal.

If you want to read the text of the bill itself you can find it here-
http://www.legis.state.tx.us/tlodocs...l/HB01815F.htm

Hope that clears things up any misconceptions.
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Old 10-21-2007, 11:10 PM   #12
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Thank you, Ive been researching it too. Nice to know since I work night shift in the hood and drive a pretty nice car. I wonder how it works with bikes.
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Old 10-21-2007, 11:54 PM   #13
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Quote:
Originally Posted by ZUlater View Post
Thank you, Ive been researching it too. Nice to know since I work night shift in the hood and drive a pretty nice car. I wonder how it works with bikes.
What hood is near Huffman? Atascocita?
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Old 10-22-2007, 12:07 AM   #14
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Don't tell him, he wants to steal your car.
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Old 10-22-2007, 02:18 AM   #15
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Quote:
Originally Posted by ZUlater View Post
Thank you, Ive been researching it too. Nice to know since I work night shift in the hood and drive a pretty nice car. I wonder how it works with bikes.
I feel ya on that, just make sure if you ever need to pull it, be prepared to use it. I work downtown on the weekends and don't get out until after 300am. For me I feel safer having one of the other bartenders, doorman or dj walk me to my car, then I would walking by myself carring the gun. I've heard too many horror stories of people having their own gun used against them .
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Old 10-22-2007, 03:40 AM   #16
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Originally Posted by RinasDaddy View Post
What hood is near Huffman? Atascocita?
Kingwood......J/K. I work in greenspoint, not really the scared type, but lots of car jackings have been happening over there lately.

Last edited by ZUlater; 10-22-2007 at 03:43 AM.
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Old 10-22-2007, 07:35 AM   #17
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Quote:
Originally Posted by trdvet View Post
How is the burden of proof on you and the Judge?
Just because the law say you can travel with a concealed handgun without a CHL doesn't mean you won't get arrested. The Harris County DA is still being a about it. The judge will more than likely dismissed the charges on you if you did get arrested, but that will probably involve time, bond money and lawyer's fee. It's cheaper to get a CHL still.

Yes, there are little ambiguity left when it comes to the safe journey law, but I wouldn't bet on it with Harris County.
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Old 10-22-2007, 08:18 AM   #18
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just go get your CHL, that way there's absolutely no doubt.
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Old 10-22-2007, 08:22 AM   #19
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Quote:
Originally Posted by Marishka29 View Post
I feel ya on that, just make sure if you ever need to pull it, be prepared to use it. I work downtown on the weekends and don't get out until after 300am. For me I feel safer having one of the other bartenders, doorman or dj walk me to my car, then I would walking by myself carring the gun. I've heard too many horror stories of people having their own gun used against them .
One of the keys here is practice and mentality. Know how to use it, be ready and prepared to use it...then work on avoiding situation where you may need it.
Having said that, 2 people are better than one...and regardless of CHL you safer with an escort going to your vehicle than without.
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Old 10-22-2007, 09:01 AM   #20
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Quote:
Originally Posted by Ulric View Post
One of the keys here is practice and mentality. Know how to use it, be ready and prepared to use it...then work on avoiding situation where you may need it.
Having said that, 2 people are better than one...and regardless of CHL you safer with an escort going to your vehicle than without.
Absolutely. Situational Awareness and practice is the key. Know and always scan your surrounding and avoiding places you know are trouble. Even if you have a handgun on you doesn't grant you invincibility. That is a false sense of security people tend to get when they have a firearm. I've seen people passed their qualification on their CHL and the gun never see day light out of the holster until their next qualification. I've heard LEO do the same as well. Always practice. Just remember every bullet that comes out of your barrel has a lawyer's name attached to it.

And as Amber put it. Getting your CHL so there is little to no doubt with the law.
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