TexasCHLforum.com

kauboy wrote:The "Traveling" Non-applicability Law was implaced in 1997 since Texas hasn't always been a CC state.
However, the traveling presumption wording was only added last year(2005) in September.

Many years ago, (1974 to be exact) when I worked at a local PD, I remember the "traveling" exemption so I think its been around for quite some time now.

Back then we had two cases of "Travelers" with handguns in one night:
#1- A father and son drive to town and check into a motel. Then they start driving around town looking for the daughter/sister's ex-boyfriend to "settle" a issue. They were stopped and a handgun located in the car. They went to jail. The arresting officer decided that once they checked into the motel they were no longer traveling.

#2- A jewerly salesman was passing through town. During a traffic stop, a handgun was located in his front seat. He was sent on his way as he was still traveling.

TxI, thanks for that clarification.

The term "traveling" was defined by the last session of the Texas Legislature:

§ 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:
(3) is traveling;

(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.