OK, the Austin person was mistaken.frankie_the_yankee wrote:When I was living in RI and holding a RI CHL I made a weeklong business trip to Austin. Intending to bring a pistol with me for recreation, and knowing that TX did not have CHL at the time, I called Austin PD and asked them what the law was for possessing and transporting handguns.txinvestigator wrote:It is not illegal in Texas.trainee wrote:what if the firearm is locked in your trunk as opposed to in the passenger part of the car? Is that still a problem
The officer I spoke to said that it was legal as long as the gun was unloaded, locked in a case in the trunk of the car, and that I was headed directly to or from the airport, hotel, or shooting range.
Ironically enough, this was almost exactly what was allowed under RI law at the time.
I took this as good advice and followed it during my stay in TX.
But later on, I could find nothing in TX law that distinguished between loaded guns, unloaded guns, guns in cases, guns in the trunk, or in the passenger compartment. The only thing I could find was that it was OK to have a gun (a handgun), loaded or not, "while travelling".
At this point, I'm curious as to the legal status of a non-CHL holder who is taking a gun to a nearby range, or friend's ranch, to go shooting.
Is this person "travelling", or are they breaking the law? Assume it's in Tarrant County, where the DA instructs officers to arrest non-CHL's and let the court sort out whether the "presumption" of travelling under the law is valid in a given case.
What's your take on it?
Texas has a law against carrying a handgun on or about your person. Period. On or about hour person has been held to include any area within your immediate access, and that includes the passenger compartment of a motor vehicle, generally.
Texas Penal Code
§46.02. Unlawful carrying weapons.
(a) A person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person a handgun,
illegal knife, or club.
No mention of loaded or not, concealed or not. Long guns are not so restricted. There are restrictions on where one can carry ANY firearm in 46.03.
A handgun locked in your trunk is not on or about your person; and not illegal.
Texas then has a long "non-applicability" section, where 46.02 does not apply to a person meeting certain situations.
Texas Penal Code §46.15. Nonapplicability.
(b) Section 46.02 does not apply to a person who:
(1)is in the actual discharge of official duties as a member
of the armed forces or state military forces as defined by Section
431.001, Government Code, or as a guard employed by a penal
institution;
(2) is on the person's own premises or premises under the
person's control unless the person is an employee or agent of the
owner of the premises and the person's primary responsibility is to
act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision (5);
(3) is traveling;
(4) is engaging in lawful hunting, fishing, or other sporting
activity on the immediate premises where the activity is conducted, or
is directly en route between the premises and the actor's residence,
if the weapon is a type commonly used in the activity;
(5) holds a security officer commission issued by the Texas
Board of Private Investigators and Private Security Agencies, if:
(A) the person is engaged in the performance of the person's
duties as a security officer or traveling to and from the person's
place of assignment;
(B) the person is wearing a distinctive uniform; and
(C) the weapon is in plain view;
(6) is carrying a concealed handgun and a valid license
issued under Article 4413(29ee), Revised Statutes, to carry a
concealed handgun of the same category as the handgun the person is
carrying;
(7) holds a security officer commission and a personal
protection authorization issued by the Texas Board of Private
Investigators and Private Security Agencies and who is providing
personal protection under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Texas Civil Statutes); or
(8) holds an alcoholic beverage permit or license or is an
employee of a holder of an alcoholic beverage permit or license if the
person is supervising the operation of the permitted or licensed
premises.
Shooting a gun at the gun range or your friends ranch falls under 46.15 (b) (4). So carry there and directly to or from is legal. The problem with to/from is how does an officer know you are to/from?
You don't need the "traveling" section for range or other sport shooting.
