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Posted: Thu Jun 07, 2007 9:21 pm
by KBCraig
Greybeard wrote:Quote from above: "Texas allows open carry of handguns by people who are traveling," Whoa!
Actually, that is correct.
The "presumed to be traveling" clause only applies if the handgun is concealed. But if you
are traveling, even if you don't meet the five elements for presumption, then it's no longer illegal to have a handgun on or about your person. Open, concealed, loaded, unloaded... but you'll have to convince the cop, the judge, and the jury you're traveling.
When you're traveling, you have the same legal status as when you're on property you own or control. The law has always been clear on that; the trouble has been that the law has never been clear on what constitutes "traveling".
Kevin
Posted: Thu Jun 07, 2007 9:27 pm
by seamusTX
Right2Carry wrote:If I decided to ride my horse say from mansfield to the west side of fort worth could I open carry as I am traveling?
I think so.
- Jim
Posted: Fri Jun 08, 2007 5:18 pm
by Right2Carry
seamusTX wrote:Right2Carry wrote:If I decided to ride my horse say from mansfield to the west side of fort worth could I open carry as I am traveling?
I think so.
- Jim
I would think so to, but I hope someone chimes in with some facts.
Posted: Fri Jun 08, 2007 7:36 pm
by seamusTX
Right2Carry wrote:I would think so to, but I hope someone chimes in with some facts.
There aren't any more facts. The law says you can carry a handgun while traveling. Traveling is not defined. Each case is dealt with individually.
I have been riding horses on the road for over 30 years. I have never gotten a second look from a police officer in all that time. I wasn't wearing a pair of Peacemakers, though.
It would be interesting to hear whether anyone has tried.
- Jim
Posted: Sat Jun 09, 2007 6:50 am
by TX Rancher
I ride down the road often to get between pastures, but I've had my pistol concealed and I've carried my CHL since I didn't realize I could open carry.
Putting on the cover garment is kind of a pain during the summer when it's hot, which is one of the reasons I would like to see open carry in Texas.
I'll have to ask a deputy what he would do if he saw someone on horseback with a pistol.
Personally, I think I'll keep it concealed and let someone else be the test case
