TexasCHLforum.com

I do not have my CHL yet but just want to be within the law when going back and forth to gun range. Where does my pistol have to be? I drive a four door pick up truck. I am sure it does not need to be in my holster on my hip.

As long as you are legally eligible to possess a firearm, you are legal to carry it in your vehicle.

However, it cannot be in plain view. So, in a holster on your hip is fine, as long as it is not in plain view.

There is no plain view restriction if a person is en route between the premises and the actor's residence of a place where the person is engaged in a lawful sporting activity where the handgun is commonly used in the activity.

IOW, handgun shooting at a range is a lawful sporting activity, and a handgun is a weapon commonly used in that activity, so section 46.02 that restricts non-chl carry to non-plain view carry in a motor vehicle does not apply.

Texas Penal Code
§ 46.15. Nonapplicability.

(b) Section 46.02 does not apply to a person who:

(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;

BUT, Linda is correct. As long as the handgun is concealed you can pretty much carry in a motor vehicle without worrying about 46.15 (b)(3).


SORRY LINDA, I just felt the urge to play a bit!.

[TXI beat me to posting part of my comment, so I'll cut down to the rest]

Keeping it out of sight to comply with 46.02 might save him having to convince a judge of the destination, but technically he's still going there for "other sporting activity."

OTOH, the "commonly used in the activity" part bugs me; it seems I could legally open carry a scoped BFR in .45-70 to the land for deer, but I might be guilty of UCW if I did the same to hunt rodents. Since very few handgun hunters use semiautos, would my Blackhawk be OK, but not my 1911? How common is common? Also, why only "sporting activity," since a .45LC/.410 snake pistol is fairly common for certain agricultural activities?

KD5NRH wrote:[TXI beat me to posting part of my comment, so I'll cut down to the rest]

Keeping it out of sight to comply with 46.02 might save him having to convince a judge of the destination, but technically he's still going there for "other sporting activity."

OTOH, the "commonly used in the activity" part bugs me; it seems I could legally open carry a scoped BFR in .45-70 to the land for deer, but I might be guilty of UCW if I did the same to hunt rodents. Since very few handgun hunters use semiautos, would my Blackhawk be OK, but not my 1911? How common is common? Also, why only "sporting activity," since a .45LC/.410 snake pistol is fairly common for certain agricultural activities?

I know of plenty of folks who hunt with SA pistols. I've read plenty of Stephen A. Camp's articles where he mentions hunting hogs with a 9mm Hi-Power. Nonetheless, distinguishing a revolver from a pistol by virtue of its action is not an appropriate standard to apply here. Both are quite capable of doing the job, and both offer relatively equal ranges of power.

KD5NRH wrote:OTOH, the "commonly used in the activity" part bugs me; it seems I could legally open carry a scoped BFR in .45-70 to the land for deer, but I might be guilty of UCW if I did the same to hunt rodents. Since very few handgun hunters use semiautos, would my Blackhawk be OK, but not my 1911? How common is common? Also, why only "sporting activity," since a .45LC/.410 snake pistol is fairly common for certain agricultural activities?

If you're engaged in agricultural activities, you're usually on your property or property under your control.

I think the "commonly used" clause is to stop someone from saying they were playing basketball (a sporting activity) so they're allowed to carry a handgun. I used to buy a hunting license before I could get a CHL because there's no closed season for rabbits. I never had any trouble carrying a .357 in the woods.