wrote:
You're right. In the interests of brevity, I omitted some
qualifications. The actual law is:
Penal Code 46.02 (Effective Sept 1, 2007). 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.
Decoding this typical legislature-speak goes as follows:
It is NOT an offense to carry a handgun if you a a) Inside your
car, AND b) The weapon is not visible, AND c) you are not a
criminal, AND d) you are not prohibited from owning a gun, AND e)
you are not a member of a gang. If any of the following is true, you
have committed an offense:
1. You're not in the car
2. The weapon is in plain sight.
3. You are a criminal.
4. You are prohibited from owning a gun.
5. You are a member of a gang.
Note that the crate of anvils we call our legislature says you must
be "inside of or directly en route to a vehicle..." Plain reading
says you can take a gun TO your car, but you're vulnerable to arrest
if you take the gun FROM your car.
Go figure.
You decoded wrong. You still must have a CCW to carry a handgun in a
car. http://www.texas-on-line.com/gun.html
" Vehicle carry and transportation: unlicensed individuals and
non-residents may not carry handguns on or about their persons while
in a vehicle loaded rifles and shotguns may be carried in plain view
or in a case "
That information is incorrect, the web site to which you refer is evidently
a year or more out of date.
Admittedly, it's tough to keep up.
In 1876, the law was that "no one shall carry on or about their person,
purse, portfolio, or saddlebag, a pistol, dirk, dagger...The preceeding
article shall not apply to ... persons traveling."
Much confusion ensued over the intervening years over who was a "traveler."
The legislature tried to remedy this in 2005, but they were drunk. They
enshrined the notion that someone in a vehicle was "presumed" to be a
traveler. Very many district attorneys didn't go along with this and
continued to prosecute righteous folk anyway (because "presumption" is
rebuttable at trial).
So, in 2007, the legislature took the cure and declared flat out that
carrying a weapon in a vehicle was the right thing to do - It's in the Book!
----
"The law allows Texans to carry guns in their cars, even without a concealed
handgun license. As long you meet the law's other requirements - such as not
being a gang member, refraining from criminal acts and keeping the gun out
of sight - you can pack heat in your glove box."
http://johnrlott.blogspot.com/2008/0...-concerns.html
----
"...this year the Texas Legislature set in stone the rights of legal gun
owners to carry a weapon in their vehicle without violating the law. "
http://gritsforbreakfast.blogspot.co...-gun-laws.html
----
"Texas also signed HB1815, a bill that allows any Texas resident (21 or
older) to carry a concealed handgun without a permit in the resident's car.
Now, it isn't an offense to carry a gun in a vehicle, but with these three
critical qualifiers: (1) the gun must be concealed; (2) the carrier cannot
be involved in criminal activities; (3) the carrier cannot be a member of a
criminal gang."
http://en.wikipedia.org/wiki/Gun_law...y_state)#Texas
----
"Otherwise, if the weapon is concealed on your person or somewhere in the
vehicle out of plain sight, and none of the other restrictions apply to you,
as soon as HB 1815 takes effect on September 1, 2007 it will be legal to
carry a handgun in your car."
http://www.pegasusnews.com/news/2007...-travel-texas/
----
"Under the new law, law abiding citizens do not need a permit to carry a
concealed weapon in their vehicle."
http://www.kten.com/Global/story.asp?S=6990145
----
"A law clarifying carrying handguns in your car takes effect today.
Bizarrely enough, the law was championed by both the National Rifle
Association and the American Civil Liberties Union.
"Basically, a person may now carry a handgun in his vehicle without a
concealed handgun license. Furthermore, the person does not have to be
"traveling" like under previous Texas law."
http://www.texasdefenselaw.com/recent_news/
----
"HB 1815 was actually passed to clarify some issues left dangling by a
similarly-enacted law in 2005, according to Wendy Hopper, Texas Senator
Craig Estes' executive assistant. Now, it simply isn't an offense to carry a
gun in a vehicle, but with these three critical qualifiers: (1) the gun must
be concealed; (2) the carrier cannot be involved in criminal activities; (3)
the carrier cannot be a member of a criminal gang. The fourth rule isn't
mentioned in the bill, but stands from laws on the books for a long time,
and that is that no felon can carry or even be around a gun. "
http://www.carryconcealed.net/legal/...state-laws.php
----
And more.
(About 242,000 at
http://www.google.com/search?sourcei...un+law+vehicle
)