Traveling

[SW40VE]

I travel out of town for business. I do not have my CHL yet. When I travel, I often have to go through border checkpoints also. I do not cross the border and I will be traveling through at least 3 counties.

I would like the personal security of having my weapon with me when I stay in a hotel room. Is this a legal travel? What about while I am out conducting business out of town and have already checked out of my hotel. Is it safe to have it in the vehicle locked and secured?

[txinvestigator]

Is this a legal travel? Is it safe to have it in the vehicle locked and secured?

Ahh, 2 distinct questions. You would think legal would mean safe, but in Texas I am afraid not.

Your "traveling thru 3 counties" was a myth. Traveling was NEVER defined.

SOME courts held that a person who was charged with UCW actually were traveling because they traveled thru 3 counties, but it was never established as case law.

Last September a new presumption was added to the penal code. It stated that a person was presumed to be traveling if they met 5 requirements; They were in a private motor vehicle, the weapon was not in plain view, they were not part of a street gang, the person was not in the commission of a crime above a class c Misdemeanor while carrying, and the person was not otherwise prohibited from possessing a handgun (felon, etc).

If you meet those 5 then you ARE traveling and you are legal in having the handgun in your car.

You may not be safe, because a small few DAs have decided that they will ignore the law and prosecute anyway.

Run a search on traveling here and you will see many discussions.

Good Luck

[propellerhead]

Here's my understanding...

If it's in the trunk of your car (not immediately accessible to you), you're ok. Just don't drive onto any military bases and such.

If it's within your reach while driving, then it is UCW unless:

• a) you have a CHL
  
  b) you are traveling (See definition above)
  
  c) you are to/from an activity that requires the use of guns (range, competition, sales, etc.)

They don't care about it being loaded or not.

[SW40VE]

Great info. Thank you!

[kauboy]

This is excellent information. I have asked this question to many people including a Constable, but always got the same response. "If you don't have your CHL, its illegal." But according to the law, its not. I am glad to know that others interpret the law the way I do (and the way it should be).

[propellerhead]

This is excellent information. I have asked this question to many people including a Constable, but always got the same response. "If you don't have your CHL, its illegal." But according to the law, its not. I am glad to know that others interpret the law the way I do (and the way it should be).

Pay attention to what txinvestigator said about how some DAs will still prosecute. Think twice before you plan on carrying a weapon in your car without a CHL. It has been said that some LEOs will still arrest you, book you, and let the jury decide. Is it worth the trouble and the time you have to spend clearing yourself? Is it worth having an arrest record? My answer is No. And that's my main motivation to get a CHL. It's cheaper and easier.

[kw5kw]

This is excellent information. I have asked this question to many people including a Constable, but always got the same response. "If you don't have your CHL, its illegal." But according to the law, its not. I am glad to know that others interpret the law the way I do (and the way it should be).

Pay attention to what txinvestigator said about how some DAs will still prosecute. Think twice before you plan on carrying a weapon in your car without a CHL. It has been said that some LEOs will still arrest you, book you, and let the jury decide. Is it worth the trouble and the time you have to spend clearing yourself? Is it worth having an arrest record? My answer is No. And that's my main motivation to get a CHL. It's cheaper and easier.

+1

[kauboy]

Until sombody actually gets arrested and is found innocent and then files suit against the arresting officer, his department, and the DA, all for wrongful arrest, they will just continue to thumb their noses at the law. So yes, I do believe it would be worth it. The new law is meant to protect ME, and not intended to give the DA more of a reason to prosecute. Not to mention that the money one could get from doing it would more than pay for a CHL class (little joke)

Deciding not to obey the law is to assume that it doesn't apply to you. And in this case, as with all others, (especially with the DA) NOBODY is above the law.

[seamusTX]

This is a courageous attitude, harking back to Rosa Parks.

Do you have the $20 or $30,000 it will take to fight the legal battle?

- Jim

[kw5kw]

This is a courageous attitude, harking back to Rosa Parks.

Do you have the $20 or $30,000 it will take to fight the legal battle?

- Jim

AND
the guts to face the fact that you'll either a) never be able to have a CHL
or b) have to wait for several years before you'll be eligable for your CHL
if you get convicted.

It just ain't worth it, unless you could not qualify for a CHL in the first place.

[repsychler]

Well let's say someone who was within the law but was still arrested and prosecuted for this, would the NRA/GOA/SAF/JPFO/ACLU ( ) step up and help them with the legal fees?

[seamusTX]

The NRA gets involved only when there's an opportunity to make case law. They let you spend your own money until you get into that position.

I don't think the other organizations have enough money to become involved in a state issue. The ACLU explicitly does not recognize the RKBA.

Except for the new clause added in 2005 (in a vehicle, etc.), the traveling law is risky to rely on. If you do qualify for the vehicle exception, and the DA decides to prosecute, a good attorney would probably get the case thown out on a preliminary motion. Then you would "just" be stuck with an arrest record, maybe a night in the slammer, bond, and your attorney's fees.

I am not a lawyer, that's just my amateur opinion.

- Jim

[propellerhead]

Then you would "just" be stuck with an arrest record, maybe a night in the slammer, bond, and your attorney's fees.

That is exactly why I decided to go forth with getting a CHL. It's just $99 for the 10 hour class and $140 for the license. That's far less time and money. I don't want the opportunity to spend 12 hours overnight in the slammer regretting why I didn't get the CHL.

[kauboy]

If none of you would be willing to stand up for the law, then why do you even carry?

I think its unfortunate that many are afraid to take a lawful stand on this issue becasue you fear court costs. If beuacracy will always be your reason for not standing for what is right, then all a government has to do is put more red tape in your way to keep you down.

I have and will always live by the saying: "Stand for what is right, even if your're standing alone."

EDIT: I understand how the above comment could seem harsh or brazen but its not meant to be an attack on anyone.

[wrt45]

If none of you would be willing to stand up for the law, then why do you even carry?

I think its unfortunate that you are all scared to take a lawful stand on this issue becasue you fear court costs. If beuacracy will always be your reason for not standing for what is right, then all a government has to do is put more red tape in your way to keep you down.

I have and will always live by the saying: "Stand for what is right, even if your're standing alone."

The easy way is rarely the best way or the right way.
I have a CHL, I teach CHL classes, and I want everyone to get a CHL that deserves one.
But it goes against the grain (IMHO) to say you need one so you don't have to fear out-of-control and arrogant public servants who are determined to have their way, regardless of law.