In Texas law, there has always been a defense to Unlawful Carrying Weapons that you were "traveling" (PC §46.15(b)(2)) The issue was that travelling was not defined, and that left it up to the police, prosecutor, and court to decide. Different prosecutors had different opinions, and it was a confusing mess. Some said you had to be crossing two county lines, some said you had to be spending a night away from home, etc.stinkbait wrote:A co worker at work this week mentioned his cousin has just finished his chl class ,and the instructor told them that depending upon what county it is in Texas it is against the law to carry a concealed, loaded handgun the the vechicle if you do not have a chl. Have I missed something, somewhere, at sometime, The last time I remember you could carry a loaded handgun , concealed without a chl. I believe or thought that the State's law over ruled a counties law. Plus I have been wrong before. Main thing I think about is the HB bill stating that a resident of texas can carry a loaded handgun concealed with out having a chl. I think the bill was out in 2006 or 2007. It was a Castel Law. If some one could shed some light on this I would like it.
In 2005 the legislature tried to clarify the situation by stating when you were presumed to be travelling. That section, since repealed but found here, said:
The intent of the legislature was to make it so that any law-abiding citizen was allowed to carry if in his vehicle. However, some prosecutors (specifically Harris County) announced they still intended to take these cases to court if they could prove the person was not travelling. So in 2007, the legislature came back and wrote the exception found in §46.02(a), which simply makes it not a crime to carry in your car (subject to the restictions of §46.02(a-1)) the same as it is not a crime to carry in your house.(i) For purposes of Subsection (b)(3), a person is presumed
to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.