The change in 46.02 had nothing to do with traveling. (actually the presumption of traveling was removed from 46.15.)tx glock guy wrote:I know that a new traveling with a firearm in a personal vehicle law was passed during the 2007 session. Does any one know of any issues pertaining to this law have surfaced in or around the Dallas Ft Worth area? ie. are the departments acknowledging the new law or still prosecuting?
thanks for the info.
Departments cannot arbitrarily prosecute laws that no longer exist, or old versions of changed laws.
Texas Penal Code
§ 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 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.