TexasCHLforum.com

G.A. Heath wrote:

jmra wrote:

Beiruty wrote:

Ruark wrote:

AlaskanInTexas wrote:I didn't wait for y'all. I open carried this weekend from Dallas all the way to Brighton, UT. Used a combination of the "traveling" exemption and a route through free states. I do have to report that I sat on a rock while out for a hike at my end destination and scuffed up holster.

You broke the law. A firearm carried in your car (with or without a CHL) must be concealed. Lucky you weren't pulled over, or you wouldn't be sitting there typing that.

Nope, he can open carry while traveling. It is the law or more specifically, it is an exception to apply the law.
Supportive evidence: Section 46.15 (b)(2).

Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:
.....
(b) Section 46.02 does not apply to a person who:
....
(2) is traveling;

My concern would be the very likely probability that an officer making a stop would not be aware of that law and once he saw the gun in the open would not likely be in a mood to listen to me explain the law. Think I'll keep mine concealed.

Additionally there is the issue that there is little to no modern case law, if any, on the definition of travelling. The judge/jury may decide that any distance that is great enough that one might prefer to use transportation is travelling OR that one must be crossing the state line, or some obscure/arcane definition where someone has no protection under the travelling exemption.

For what it's worth, carrying a 1911 on the hip for 1200 miles is not that comfortable, so I would take it off in the minivan and put it in the console. If I were pulled over, I would have left it there. As for the concern about applicability of the traveling exemption, I have thoroughly researched the law and am completely confident that it applies when you drive 1,200 miles through four states without any interruption except for gas stations. It's my right; I don't mind taking a ride to defend it either. Plus, I only had one stop in Texas before entering the free states.

I didn't wait for y'all. I open carried this weekend from Dallas all the way to Brighton, UT. Used a combination of the "traveling" exemption and a route through free states. I do have to report that I sat on a rock while out for a hike at my end destination and scuffed up holster.