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Thread: Seeking Help w/Texas Laws on Carrying Handguns

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    Question Seeking Help w/Texas Laws on Carrying Handguns

    Hi, I'm a new user and having scanned through this ws it seems to be a reliable source of well written information concerning the lagality & principles of firearms. Having said that... I have some questions I do not have a permit, but I would like to carry my 9mm on my person for personal protection... and I do not want to go to jail because of it! I'm aware of certain restrictions which prohibit you from entering specific areas (liquor stores, schools, etc.) with a firearm, as well as other things. I'm know (here in t.x anyways) we can keep them in our car, but I can't count the number of tragedies I've come across where an individual has said "If I only I could have gotten my gun out of my car..." One incident such as this happened in Killeen at a diner/cafeteria years ago. It was a tragedy, but I believe this situation helped spark incentive to legalize the carrying of a handgun on your person. So what I'm asking is if anyone knows the rules & regulations regarding this matter, or is it just not going to happen without a permit in hand. Any information would be helpfull & very appreciated. Thanks!

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    Founder's Club Member - Moderator Grapeshot's Avatar
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    Welcome to OCDO. As your questions(s) are state specific, moved this to the Texas sub-forum.

    Texas does not allow OC. Many would like to see that changed.

    See short version here and follow the links.
    Old and treacherous will beat young and skilled every time.

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    Regular Member Jack House's Avatar
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    You need a permit to carry outside of your car in Texas and you are only allowed to carry concealed.


    For the time being, I'll only cite the relevant law to carrying without a permit, if you have other questions, I'll be happy answer them to the best of my ability. Mind you, I am not a lawyer/attorney/whatever you wanna call someone that studies and practices law.

    PC 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 or watercraft that is owned by the person or under the person's control.

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    Question Following Up

    Quote Originally Posted by Jack House View Post
    You need a permit to carry outside of your car in Texas and you are only allowed to carry concealed. For the time being, I'll only cite the relevant law to carrying without a permit, if you have other questions, I'll be happy answer them to the best of my ability. Mind you, I am not a lawyer/attorney/whatever you wanna call someone that studies and practices law. PC 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 or watercraft that is owned by the person or under the person's control.
    So in Texas, any type of possesion that is not either on my own property or or in my own vehicle, be it OC or concealed, is an offense of criminal nature? Wow... We are not required to register our guns here, but mine are registered anyway. But I guess it wouldn't make a difference when it comes to the situation at hand would it? Thanks for your help guys.

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    Sorry about that....

    Quote Originally Posted by Grapeshot View Post
    Welcome to OCDO. As your questions(s) are state specific, moved this to the Texas sub-forum. Texas does not allow OC. Many would like to see that changed. See short version here and follow the links.
    My apologies for placing my post in the wrong location... I will pay more attention next time.

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    Regular Member Jack House's Avatar
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    Registered with what?

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    Reply

    Registered to me.... As in the vendor who sold me my gun has my name, address & D.L#... Like I said~ it's likely it will not matter... So it's a no go on toating my 9mm around, right? But I had some other questions as well regarding the law on handguns, and I will be out of your hair. The first is what if a serial # has been scratched off/removed from your pistol? What's the significance of this? And two, is the legal age to own a handgun 18 & 21 to purchase? Sorry if my questions sound a little dumb but I'd just like to know.

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    Quote Originally Posted by Marfa Farmer View Post
    Registered to me.... As in the vendor who sold me my gun has my name, address & D.L#...
    That's not registration. A government agent could get that information from the dealer, knock on your door and ask you about it, and you wouldn't be required to show it to him or answer any questions unless he has a warrant for the seizure of that specific gun.

    You can buy from or sell to any non-felon Texas resident and never tell the government a thing about it. Registration means the government knows and tracks every legal firearm, every time it changes hands.


    So it's a no go on toating my 9mm around, right?
    Short answer: without a CHL, yes.
    Long answer: there is a long list of exceptions, but unless you're prepared to devote some serious study to the statutes and case law, you probably don't want to rely on them.


    But I had some other questions as well regarding the law on handguns, and I will be out of your hair. The first is what if a serial # has been scratched off/removed from your pistol? What's the significance of this? And two, is the legal age to own a handgun 18 & 21 to purchase? Sorry if my questions sound a little dumb but I'd just like to know.
    One: Knowing possession, receipt, shipment, or transport of firearm with altered or obliterated serial number is a federal felony, 18 USC 922(k), with a maximum punishment of five years in prison. It doesn't have to be illegible, but if someone deliberately tried to alter or obscure it, the law applies.

    Two: 18 to purchase a shotgun or rifle from a licensed dealer; 21 to purchase any other firearm. No state age limit on possession, but there is a federal minimum age of 18 for possession of a handgun (almost never enforced).

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    Regular Member Jack House's Avatar
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    Quote Originally Posted by Marfa Farmer View Post
    Registered to me.... As in the vendor who sold me my gun has my name, address & D.L#..
    All FFLs must do that, if you purchase from an FFL there is no option not to. However, as Craig said, it's not a requirement if you purchase from a non-licensed individual.

    Quote Originally Posted by Marfa Farmer View Post
    So it's a no go on toating my 9mm around, right?
    Pretty much what Craig said, I'd recommend investing in a license. You can either get a Texas issued license or one from a state recognized by Texas. Though I recommend the Texas license just in case they try amending the rules so that Texas residents can only carry with Texas licenses.

    Quote Originally Posted by Marfa Farmer View Post
    But I had some other questions as well regarding the law on handguns, and I will be out of your hair.
    Don't worry about it, we don't mind answering your questions and no question is stupid. To be completely honest, your questions are quite welcome here. The place is so dead, it's nice to see some life in it.

    Quote Originally Posted by Marfa Farmer View Post
    The first is what if a serial # has been scratched off/removed from your pistol? What's the significance of this? And two, is the legal age to own a handgun 18 & 21 to purchase?
    For these two questions, Craig answered them best and I don't really have anything to add, so just see his post above.

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    http://www.txdps.state.tx.us/Interne...rms/CHL-16.pdf

    IMHO, this is required reading. 46.02, 46.15 and 46.035. Do not skip over subsections. Luckily enough for us, TX decided to writ most of this in plain English so you should be able to grasp the concept. Let us know if you need any clarification on anything.

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    Regular Member hermannr's Avatar
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    One thing to keep in mind when you are on any forum..TX law is TX law...it does not apply in VT or NY, or any other state with laws that are in inbetween those extremes.

    If you visit ANY other state, do your research FIRST. When in Rome, do as the Romans...ya?

    We live in WA, our oldest daughter and her family live in TX...it is a culture shock when you see the differences between different state laws, and even in every state you drive through between WA and TX.

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