TexasCHLforum.com

GrillKing wrote:

Charles L. Cotton wrote:

TexasGunShooter wrote:Charles:

Do you agree with txinvestigator? If gun is locked away, parking is ok?

Thanks

Yes.

Chas.

So, under Texas law, can a person who can legally possess a handgun, carry a handgun in their vehicle at any time, as long as it is locked away, irregardless of whether or not they have a CHL, or irregardless of the 823 travel presumption? In other words is there a prohibition against carrying your unloaded handgun at all times in the trunk, assuming you aren't violating anyone's property rights (PC 30.05???) that the law defines?

Be careful. Texas makes no distinction about "locked away" or unloaded.

The general law in Texas (no chl or other exemption considered) is that you cannot have a handgun on or about your person. "on your person" is easy. "About your person" has been held to mean any area within your immediate access, and INCLUDES the passenger compartment of vehicles.

Your trunk would not be "about your person" An unloaded gun in the glovebox IS.

age_ranger wrote:I thought under 30.06 that driveways, parking lots and sidewalk areas were not considered "the premesis". So now a business can restrict concealed carry in a parking lot? They'll do anything to try to prevent us from carrying, won't they? I imagine the signage requirements are the same for parking lots then?

Premises only excludes parking lots and the like for those specific places listed under Texas Penal Code 46.03 and 46.035.

A private business not listed under one of those two sections can prohibit concealed carry ANYWHERE.

Texas is big on private property rights. ;)

The bottom line. 30.06 applies to people carrying under authority of the CHL laws.

A gun locked in your trunk is not on or about your person; therefore, if you have a gun locked in your trunk you are not carrying under the CHL laws. In that case the 30.06 sign would not apply to you.