Concealed carry in Texas
Does anyone out there know about carrying your pistol in your car in texas without a ccp? Just a straight up answer would be appreciated. There are so many conflicting answers on line and its driving me nuts!
It only needs to be out of site. They adjusted the rule a few years ago where there are no distance rules. Basically driving in a non illegal fashion (peddling drugs = no) and have the gun hidden and you are good. I have the statute in a binder if you need me to type it up.
Also, you should notify an officer that you have a gun if pulled over.
Yes, as long as you can legally posses that gun, it is not in plain sight, you are not a gang member, and you are not committing a crime other than a minor traffic infraction.
Look up House Bill 1815 if you want specifics.
To clarify; if you meet the specifics in propellerhead's post, and the gun is not "in plain sight" (here having the same meaning as for 4th Amendment; the officer cannot open, push aside, or otherwise manipulate any covering object or container), then you can place the gun anywhere, including on your person.
Similar statutes in other states like Florida require the gun to be "secured", such as in the glove compartment or center console or in a snapped holster in the car, and cannot be on your person unless you have a concealed carry permit. This is not true in Texas; while in your car, you can carry it in your waistband as if you were a CHL holder, and you can also "secure" the gun in an underseat holster, glove compartment or console.
Understand that if you DO carry on your person and you exit your vehicle anywhere other than in front of your house, the gun must be left in the car before you exit or you are carrying unlawfully as soon as your foot hits the pavement.
Everything you stated in your post is correct with the exception of the above sentence. You may also carry from your vehicle to a business that you own or that is under your control, a gun shop or gunsmith's shop, or a motel in which you have a room. A motel/hotel is considered your home whether it be for 1 night or one month.
Originally Posted by Liko81
...there is no legal requirement to notify an officer that there is a handgun in the car...unlike CCW, where the law says we must notify them...but the penalty for not doing so has been removed...go figure on that one?!!
Last edited by sheepdog; 11-25-2009 at 09:16 AM.
Reason: add link
I know that's the new law. But like a lot of things coming out of Austin, it makes no sense. Why leave a law in tact & remove the penalty for violation? Go figure.
Intersting. So theoretically I could go between my house and my business 6 times a day, carrying concealed without a CCW permit?
Originally Posted by sixguncowboy
To clarify, I'm in the process of getting my permit but I suspect the wait will get longer and longer.
Yes you can. The process is actually getting shorter. I have 4 friends that waited 6 months to receive their licenses. But DPS has finally caught up with the backlog. A coworker received his last week after waiting only 3 weeks. So if you have no problems, your prints are clear & readable, and all your t s crossed & i s dotted on your application you should get it pdq.
Originally Posted by Wyatt Earp
PC §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
(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;
(8) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
In Texas the gun must be concealed in a car with or without a Texas CHL.
Just so everyone knows DPS is suspending all new applications from april 28 until may 8 so they can help process the census.
Actually I think it is the FBI doing it.
It's on the DPS website. Just thought you should know.
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