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I'm having a discussion with someone that swears it's okay to have your hand gun in plain view in your car "if you're traveling" or "on your property". The scope of the discussion is restricted to Texas and agnostic to whether the person carrying has a CHL or not.

I contend it is in fact illegal to drive down the highway with your handgun in your passenger seat.

Can I get a link to the the law that either supports or refutes my position?

atxgun wrote:I'm having a discussion with something that swears it's okay to have your hand gun in plain view in your car "if you're traveling" or "on your property". The scope of the discussion is restricted to Texas and agnostic to whether the person carrying has a CHL or not.

I contest it is in fact illegal to drive down the highway with your handgun in your passenger seat.

Can I get a link to the the law that either supports or refutes my position?

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.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

http://www.statutes.legis.state.tx.us/D ... .htm#46.02

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.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

That should do it.

G26ster beat me to it! Guess I was in the middle of posting my reply…lol. He did ask for a link though :)

I had seen and communicated what you guys had posted but then was told

That's 46.02(a-1). If you'd read the whole thing, you'd see there were conditions under which it didn't apply. Ever wonder why people are allowed to carry handguns for hunting or at shooting ranges in Texas?

Section 46.15(b) (in part, so read the whole thing for yourself)

(b) Section 46.02 does not apply to a person who:

(2) is traveling;

(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;

Exceptions are legally stated to facilitate life. However, do not be surprised to get arrested if you open carry your race gun after you finished your Match and some anti gun guy called 911 and screamed a guyn with freaky long pistol in camo is strolling by!
most likely charges will be dropped.

Ask your friend what the definition of "traveling" is. If he gives you a correct answer, he will be the only one who knows the legal definition in Texas. It has never been clearly defined. I'm sure he'll find out though if he has an exposed handgun while driving his car, and is stopped by the police.

If he is traveling around town, and he feels it's OK to have an exposed handgun in the car, I guess I can open carry while "traveling" to the 7-11 up the street if I choose to walk. After all, I'm "traveling" by foot.

Main Entry: 2travel
Function: noun
Date: 14th century
1 a : the act of traveling : passage b : a journey especially to a distant or unfamiliar place : tour, trip —often used in plural

From m-w.com will it suffice

Usually, those who are traveling have luggage, such as out of city trip on vacation or visiting family.

Please ask your friend to try it out and then keep us abreast of the outcome. I would love to use the "case law" in my chl classes.

It is interesting to see someone who packed heat grabbed an overnight bag and headed to hiking mount or x trail and then OCed while hiking. Most likely a non-CHLer with attorney credentials om test case mission. Is he still legal?

Are you asking if he's legal according to Texas law or according to the US Constitution?

TX Firearms law.

As stated before, the 'Traveling' exemption has existed for 46.02 for quite some time, and before the MPA, it was the only way to have a loaded weapon within reach, in your vehicle, legally without a CHL.

Problem is, as also stated, it is not defined in the statutes. From what I've heard about various cases, some judges said it had to be a certain number of counties crossed, others had a mileage requirement, others had a time requirement. As far as I know, there is not any district court Case Law defining it, so it remains undefined to this day.

It is interesting to note that 'Traveling' is a an exemption for ALL of 46.02, meaning open carry on your person is theoretically legal while 'traveling' as well as carrying illegal knives, and any other prohibited weapon listed therein.

Granted, I'm pretty sure you'd be arguing that in court, as this is a definite 'Take the Ride & Argue it with the judge' scenario.

What I would LOVE it to be defined as, would be "movement of a person from one location to another, regardless of distance"

Also worthy of note. There is also an exemption for 46.02 if you are going directly to a motor vehicle. No distance is specified, so I'm wondering what would happen if I were to park my car a few miles away, get a ride home from the wife, and then begin the walk back to my vehicle.
Probably also another 'Take the Ride & Argue it with the judge' scenario

Annnyways, in regards to the ORIGINAL Question, whenever I look up anything Texas State Law related, I start here:

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

I recommend always using that, as any other sites that have the law posted, may have an older, out of date version. The versions on the legislature page are always the most current.

dicion wrote:As stated before, the 'Traveling' exemption has existed for 46.02 for quite some time, and before the MPA, it was the only way to have a loaded weapon within reach, in your vehicle, legally without a CHL.

Problem is, as also stated, it is not defined in the statutes. From what I've heard about various cases, some judges said it had to be a certain number of counties crossed, others had a mileage requirement, others had a time requirement. As far as I know, there is not any district court Case Law defining it, so it remains undefined to this day.

It is interesting to note that 'Traveling' is a an exemption for ALL of 46.02, meaning open carry on your person is theoretically legal while 'traveling' as well as carrying illegal knives, and any other prohibited weapon listed therein.

Granted, I'm pretty sure you'd be arguing that in court, as this is a definite 'Take the Ride & Argue it with the judge' scenario.

What I would LOVE it to be defined as, would be "movement of a person from one location to another, regardless of distance"

Also worthy of note. There is also an exemption for 46.02 if you are going directly to a motor vehicle. No distance is specified, so I'm wondering what would happen if I were to park my car a few miles away, get a ride home from the wife, and then begin the walk back to my vehicle.
Probably also another 'Take the Ride & Argue it with the judge' scenario

Annnyways, in regards to the ORIGINAL Question, whenever I look up anything Texas State Law related, I start here:

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

I recommend always using that, as any other sites that have the law posted, may have an older, out of date version. The versions on the legislature page are always the most current.

Here's what some Texas prosecutors say about it: http://tdcaa.infopop.net/4/OpenTopic?a= ... 7431004602" onclick="window.open(this.href);return false;

Summary: they believe that "traveling" is a full exemption to UCW. To use the example cited in the post at tdcaa, you can climb on your motorcycle, strap a .45 to your hip, and ride with it openly so long as you are "traveling".

That having been said, these are simply the opinions of SOME prosecutors in Texas and you could easily find yourself arrested and facing one who disagrees with this interpretation. IANAL and I would rely on the traveling defense at your own risk.

SA-TX

dicion wrote:As stated before, the 'Traveling' exemption has existed for 46.02 for quite some time, and before the MPA, it was the only way to have a loaded weapon within reach, in your vehicle, legally without a CHL.

Problem is, as also stated, it is not defined in the statutes. From what I've heard about various cases, some judges said it had to be a certain number of counties crossed, others had a mileage requirement, others had a time requirement. As far as I know, there is not any district court Case Law defining it, so it remains undefined to this day.

It is interesting to note that 'Traveling' is a an exemption for ALL of 46.02, meaning open carry on your person is theoretically legal while 'traveling' as well as carrying illegal knives, and any other prohibited weapon listed therein.

Granted, I'm pretty sure you'd be arguing that in court, as this is a definite 'Take the Ride & Argue it with the judge' scenario.

What I would LOVE it to be defined as, would be "movement of a person from one location to another, regardless of distance"

Also worthy of note. There is also an exemption for 46.02 if you are going directly to a motor vehicle. No distance is specified, so I'm wondering what would happen if I were to park my car a few miles away, get a ride home from the wife, and then begin the walk back to my vehicle.
Probably also another 'Take the Ride & Argue it with the judge' scenario

Annnyways, in regards to the ORIGINAL Question, whenever I look up anything Texas State Law related, I start here:

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

I recommend always using that, as any other sites that have the law posted, may have an older, out of date version. The versions on the legislature page are always the most current.

I was going to post the same link to the statutes in response to the OP, but found Dicion had beaten me to it.

Open the Statutes link and you get all the TX laws - criminal procedure code, penal code, transportation code, etc. When you open those links, there are individual links to the sections and subsections. It's very logically organized and very easy to find what you're looking for as long as you have any clue about what law it might be under.

Anyone looking for a legal answer should definitely go here first. I keep it handy in my browser Favorites.