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by seamusTX
Mon Jul 07, 2008 5:42 pm
Forum: General Texas CHL Discussion
Topic: Question regarding car carry
Replies: 1
Views: 573

Re: Question regarding car carry

Welcome to the forum.

From 2005 to 2007, the Texas Penal Code contained a presumption that a person was traveling if he was in a motor vehicle and other conditions were met. During that time, law enforcement in Harris County continued to arrest people who had a handgun in their vehicle and did not have a CHL.

In September 2007, the law changed to make it perfectly legal to have a handgun in your vehicle if all the conditions were met (listed below). I have not heard of anyone being arrested since then.

Also, District Attorney Chuck Rosenthal resigned. He was the main proponent of the old policy.
PC §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:
(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.
- Jim

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