• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Seeking Help w/Texas Laws on Carrying Handguns

Marfa Farmer

New member
Joined
May 21, 2012
Messages
4
Location
A, A
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:eek: 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!
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
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.
 

Jack House

Regular Member
Joined
Jun 12, 2010
Messages
2,611
Location
I80, USA
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.
 

Marfa Farmer

New member
Joined
May 21, 2012
Messages
4
Location
A, A
Following Up

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.
 

Marfa Farmer

New member
Joined
May 21, 2012
Messages
4
Location
A, A
Sorry about that....

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.
 

Marfa Farmer

New member
Joined
May 21, 2012
Messages
4
Location
A, A
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.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
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).
 

Jack House

Regular Member
Joined
Jun 12, 2010
Messages
2,611
Location
I80, USA
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.

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.

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. ;)

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.
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
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.
 
Top