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by mgood
Tue Feb 23, 2010 11:21 pm
Forum: General Texas CHL Discussion
Topic: Am I legal?
Replies: 32
Views: 4569

Re: Am I legal?

GrayGhost wrote:
chabouk wrote:Everyone jumped right on the Motorist Protection Act (which requires concealment), but it seems like y'all forgot traveling: when traveling, you can carry openly or concealed.

Of course, there's that little problem that "traveling" is not defined.

Openly or concealed? How does that square with the law quoted above that indicates is must be concealed? Someone help me with this.
To qualify under the Motorist Protection Act, it must be concealed. And you don't have to be traveling. You can be sitting still in the parking lot. Covers carry in motor vehicles only.

Traveling does not have to be in a motor vehicle. You can travel by bicycle or canoe, I suppose. Does not legally have to be concealed, but concealment is suggested to avoid hassle. The definition of traveling varies greatly depending on who you talk to, may vary greatly from one law enforcement officer to another.
by mgood
Tue Feb 23, 2010 10:50 pm
Forum: General Texas CHL Discussion
Topic: Am I legal?
Replies: 32
Views: 4569

Re: Am I legal?

chabouk wrote:Everyone jumped right on the Motorist Protection Act (which requires concealment), but it seems like y'all forgot traveling: when traveling, you can carry openly or concealed.

Of course, there's that little problem that "traveling" is not defined.
True.
If you are "traveling" in Texas, it is legal to carry. (Or a defense to prosecution anyway.) Unfortunately traveling was never defined. That was the only way we could carry pre-CHL and pre-Motorist Protection Act. The traveling clause is still on the books and still applicable. Some jurisdictions or cops or judges or whatever in one area may say you're traveling if you're crossing a county line. Some say three county lines. Some say it must involve an overnight stay to qualify as traveling. The courts never ruled on exactly what traveling is and the legislature never saw fit to further define traveling. So travel at your own risk.

texas1234 wrote:When a cop walks up to your vehicle if he/she can see your pistol in plain sight you are going to get a gun pulled on you weather you have a CHL or not.
Also true. Been there. Pre-CHL, pre-MPA, my room mate and I had our hands on the trunk in the cold on the side of I-20 while some of Ft Worth's finest decided whether or not to arrest us. We were legal under any definition you want to make of traveling, but it was uncomfortable for a while. When he let us go, he suggested I keep it concealed "to avoid situations like this."
Full story here.

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