Need clairification on TX gun laws

[Bunkins]

This forum seemed appropriate to post this, as it really doesnt fall under the CHL forum's.. I've searched, but I'm not finding what I need to know. I apologize if this has been covered already..

As I mentioned in my introduction post, I'm a bit new to handguns laws. I'm not new to guns, but we're talking rifles, not handguns.. The handgun I bought last week is my second handgun, and the one I intend to carry once I get my CHL.. The only time my other handgun was transported was when I'd go out of state to hunt, where I could open carry the gun, it was my back up weapon. While in the vehicle traveling outside the "legal" area the gun stayed concealed, with the ammo locked away

I have browsed the TX laws regarding concealed handguns.. The one topic I'm not seeing mentioned is if the weapon can be loaded or not. Can the mag be loaded, and in the gun? Loaded and the mag removed from the gun, or the mag locked away from the firearm?

I've asked a few guys I know personally, and I've gotten several different answers. I want to make sure I fully understand, as it's a touchy issue. I've been transporting my new gun around quite a bit, going to shooting ranges after work and so forth. I just want to know exactly what I can and cant do..

[carlson1]

Welcome to the forum. In Texas loaded and unloaded does not make a difference. You can carry in your car if the firearm is is concealed, you have not committed any crimes other than traffic violations, do not belong to a gang, and you control the vehicle or own the vehicle.

[WarHawk-AVG]

Welcome to the forum. In Texas loaded and unloaded does not make a difference. You can carry in your car if the firearm is is concealed, you have not committed any crimes other than traffic violations, do not belong to a gang, and you control the vehicle or own the vehicle.

emphasis on those...its really simple actually..but it MUST be concealed!

[Bunkins]

Thank you! I just wanted to make sure... I've never committed a crime, been in a gang. We dont have many gangs out here in the boonies . I haven't even had a ticket since I was 17 So I think I'm ok

One more question, what should I do if I am pulled over? Do I mention that I have a weapon in the vehicle and that it is loaded? Or am I better off not saying anything unless I'm asked? I do have a lot of contact with the Sheriff's around here, they call on me when cattle are running loose, when people run through fences and live stock are running around, in those cases I wouldnt say a word. Being pulled over for a violation is a different story. But I do often get checked out by Railroad Police, thats a whole other issue there I need to look into, I can just ask them next time I run into them. Since I'm half owner of the business, and that makes me owner of the service truck, I'm good there, I just need to find out about their regulations. I do know a guy with a CHL that carries while doing railwork ( some locations are dangerous ), but I like to find out from several sources first.. I've read enough about what people with CHL's do in a situation like that, but I dont think I've ever seen any mention of a concealed weapon without a CHL...

[WEC]

This is just my opinion, others may differ. The law allowing you to carry a concealed handgun in your car is based upon the rationale that your car is an extension of your domicile. If, say, a police officer comes to your home to respond to a noise complaint, I don't think you would say to him, "By the way, officer, I have a loaded handgun in my closet. Just want to let you know, so you won't get nervous." By law, if you are licensed to carry and have a concealed handgun, you are obligated to inform the officer of the whereabouts of said handgun. It's an interesting loophole. I believe this may have been covered in other threads, but I welcome it if anyone wants to clarify the law further for the OP, and for me.

[LarryH]

By law, if you are licensed to carry and have a concealed handgun, you are obligated to inform the officer of the whereabouts of said handgun.

Not quite. If a law officer asks you for identification, and you are carrying, you are required to present your CHL, as well as your driver's license. You are not required to inform him/her "of the whereabouts of said handgun" unless he/she asks.

[pt145ss]

Not quite. If a law officer asks you for identification, and you are carrying, you are required to present your CHL, as well as your driver's license. You are not required to inform him/her "of the whereabouts of said handgun" unless he/she asks.

What TX law compels you to say the whereabouts of the firearm if asked? Not that I would ever refuse to answer the question or lie about it, but if you want to be technical about it.

For non-CHL holders or CHL holders not carrying, there is no TX law (or federal law that I am aware of) that compels One to provide identification. That being said, case law says that an Officer is within their limitations to ask your identity (not for a physical identification card) during a Terry Stop. One is not required to answer any questions during a Terry Stop nor is anyone required to answer questions if a Terry Stop escalates into an arrest…especially during the latter as you are protected by the 5th. Now back to an Officer asking where your firearm is…he is within his limitations to disarm you if he can articulate reasonable belief but I can not recall anything that specifically states that One must tell the officer where the firearm is so One can be disarmed. The above assumes that one is not operating a motor vehicle or partaking in any activity that requires a license.

Ok...FLAME suit on...

[WEC]

By law, if you are licensed to carry and have a concealed handgun, you are obligated to inform the officer of the whereabouts of said handgun.

Not quite. If a law officer asks you for identification, and you are carrying, you are required to present your CHL, as well as your driver's license. You are not required to inform him/her "of the whereabouts of said handgun" unless he/she asks.

Yeah, that's what I meant. I think my mind was in an altered state at midnight.

[Bunkins]

Thanks for all the replies guys

I talked with a instructor today, I got setup on the 29th to get my CHL. So it all goes well, in a few months I wont have to leave the gun in the truck anymore