TexasCHLforum.com

austinrealtor wrote:Please cite the "traveling" exemption in the most current version of PC 46.02.

Sec. 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(2) is traveling;

Not saying it applies in this case, but it is still there.

hirundo82 beat me to it.

austinrealtor,
under your analysis your CHL would be worthless.

Also, to be clear, the traveling exemption gets one out of the prohibition on carrying a handgun in general, and there is no requirement that if one uses this exemption the handgun must be concealed (unlike for the CHL exemption), thus it must be legal to carry openly while traveling. Same goes for the exemptions for LEOs and judges, etc.

Doesn't make it a good idea, but that's the law.

"austinrealtor".

Furthermore, cite for us any exemption or law that allows for an average person to open display a handgun in public in Texas, short of utilizing it in a justified use of force/deadly force situation, in hunting, or target practice at a public shooting range.

Gunshow.
Sporting goods store.

I'm not advocating what this instructor said, but didn't the OP say the Instructor had just retrieved his luggage at the airport? Therefore, I suppose that you could make the case that he unpacked his handgun and was "directly enroute" to his vehicle in the parking lot.

Sec. 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:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

I doubt he actually does that. Might be just me though...

flintknapper wrote:"austinrealtor".

Furthermore, cite for us any exemption or law that allows for an average person to open display a handgun in public in Texas, short of utilizing it in a justified use of force/deadly force situation, in hunting, or target practice at a public shooting range.

Gunshow.
Sporting goods store.

Actually these are not exemptions in 46.15, unless you view (buyer) carrying in a gun show or gun store as "sporting activity". Proprietor/seller would (arguably) be "on the person's own premises or premises under the person's
control..."

G26ster wrote:I'm not advocating what this instructor said, but didn't the OP say the Instructor had just retrieved his luggage at the airport? Therefore, I suppose that you could make the case that he unpacked his handgun and was "directly enroute" to his vehicle in the parking lot.

Sec. 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:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

But this still would not allow for open carry even if you are en route to your vehicle - would it?

HotLeadSolutions wrote:

Sec. 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:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

But this still would not allow for open carry even if you are en route to your vehicle - would it?

The way the law is written, the penalty if "the handgun is in plain view" applies in a vehicle, not en route. I'm not suggesting it's a good idea (in fact, I think it's a pretty bad idea to openly re-arm at the airport baggage claim) but the argument could be made that it's not illegal according to the letter of the law.

http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

HotLeadSolutions wrote:

G26ster wrote:I'm not advocating what this instructor said, but didn't the OP say the Instructor had just retrieved his luggage at the airport? Therefore, I suppose that you could make the case that he unpacked his handgun and was "directly enroute" to his vehicle in the parking lot.

Sec. 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:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

But this still would not allow for open carry even if you are en route to your vehicle - would it?

I don't see anything in PC46.02 (a) (2) saying "concealed." Also, if I buy a used pistol at a gun show (no box, case, bag, etc.), and then walk to my car, am I obliged to conceal it enroute to my car?

cbr600 wrote:

HotLeadSolutions wrote:

Sec. 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:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

But this still would not allow for open carry even if you are en route to your vehicle - would it?

The way the law is written, the penalty if "the handgun is in plain view" applies in a vehicle, not en route. I'm not suggesting it's a good idea (in fact, I think it's a pretty bad idea to openly re-arm at the airport baggage claim) but the argument could be made that it's not illegal according to the letter of the law.

http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

I see your point. Thanks for the clarification. I can't believe they left such a loophole for OC en route to a motor vehicle.

ScottDLS wrote:

flintknapper wrote:"austinrealtor".

Furthermore, cite for us any exemption or law that allows for an average person to open display a handgun in public in Texas, short of utilizing it in a justified use of force/deadly force situation, in hunting, or target practice at a public shooting range.

Gunshow.
Sporting goods store.

Actually these are not exemptions in 46.15, unless you view (buyer) carrying in a gun show or gun store as "sporting activity". Proprietor/seller would (arguably) be "on the person's own premises or premises under the person's
control..."

He didn't say anything about "carrying", he said:

"open display a handgun in public in Texas"

So I provided two examples where that could legally be done.

Gunshows and certain sporting goods stores freely allow you to handle or display a handgun in a place open to the public.

I am not an expert in law---far far from it. However, this seems really really foolish. Especially in the vicinity of an airport you are likely to be shot if you pull this kind of stunt. Look arm yourself of course once you are within the law, but be discreet. Even if this is not against the law you still have the what my father (a very practical texan) said "You can be both dead and right at the same time" This was used to tell us that no matter if we were crossing at a cross walk you should still look both ways. But it would apply here--it won't matter if you were within your rights if you scared some cop and he shot and killed you, you are still dead.

After re-reading what I wrote, I didn't even make sense to myself

Thanks for clarifying the "traveling" exemption. I think what I meant was how does this equate to open display of a gun at an airport? I've followed along with the responses arguing that there is no express prohibition in either 46.02 or 46.15 that a gun possessed while "traveling" must be concealed, and I can understand the logic used to reach that conclusion in a purely theoretical setting (assuming of course that none of us is giving "legal advice"). Frankly, I thought the conditions of the MPA as expressed in 46.02 had all but replaced the "traveling" exemption, but after re-reading it all I can understand where some folks would still see "traveling" as some sort of ultimate exemption to the intent of 46.02, including the MPA-added intent that all handguns must be concealed. Interesting theories, to be sure.

But I think we can all agree that pulling a handgun out of a bag at the airport, racking the slide, and sticking the gun into your concealment holster is a VERY BAD IDEA.

Anyway, thanks for the logic exercise

Got a response. He told me "You should always conceal your firearm at all times. Go somewhere private to arm yourself. " I hope that it was just a misunderstanding on my part about what was said in class....

BTW I do know how to spell, I guess that my spell check didn't catch instructer.. it is instructor.

A lot of Texans practice OC in Texas, today, under the exception of "travelling". Check with Open Carry forum for OC stories in Texas or google it.