teamreddog wrote:See here: http://tlo2.tlc.state.tx.us/statutes/pe.toc.htmand especially check out Chapter 9 covering justification for use of force, chapter 30 covering trespassing, and chapter 46 covering weapons offenses generally.What is the law for someone movingfrom MI and w/o having a ccw/cpl. I see you can not open carry in TX but I am looking for transportation laws. As well as possesion of it in my camper..I will be camping for a few weeks until i find a place.
In short, though it is illegal to OC and a CHL is required to conceal in general, the following are legal according to Texas State law:
- Open carry of a long gun in general. It is prohibited from any place weapons in general are prohibited, and as it is unlicensed possession, it is a felony to bring a long gun into a business with a TABC liquor license.
- Open carry while "travelling" (this word is not defined in Texas law and is thus up to the interpretation of LEOs and judges), while hunting, or while heading directly to or from hunting grounds. Any firearm may be carried openly under this exemption.
- Open carry while in or heading directlyfrom your car to a "gun-related event" such as a gun show orpractical shooting competition.
- Carry ofwhatever weaponyou like,however you like, on your own property or property you lawfully control. It is possible though extremely unlikely that the carry might be considered to be "in a manner calculated to alarm" which is a requisite for Disorderly Conduct. This means that yes, it is perfectly legal to have a gun in your camper. This extends also to illegal knives; it is legal to possess a switchblade or other automatic knife for use around your home.
- Concealed carry while in a vehicle you own or control, no CHL necessary. The gun cannot be in plain sight, and you must not be a gang member, a prohibited person, or breaking any other law more serious than a Class C misdemeanor (for example, if you're speeding with a gun in the car, you aren't also unlawfully carrying).
- Carry directly from the home to the vehicle. This is poorly worded; it does not strictly cover carry FROM the car to the home, and it does not specify a means to carry. Therefore, it is technically legal to OC while enroute to your vehicle even if the land between home and car doesn't belong to you, but it is technically illegal to move the gun from car to home, whether concealed or not.
- In accordance withthe federalLEOSA, any current or "honorablyretired" (i.e. certain time of service,not fired)law enforcement officer may carry concealed without a permit.
- Certain government officials are allowed to carry in places where a citizen cannot. They may or may not be required to conceal, may or may not have to have a CHL, and may be prohibited from doing so when not in the course and scope of their official duties. All of this depends on their position.
- In addition, if you are somehow justified by necessity in openly carrying a weapon wherever you have a legal right to be, you can carry there. This, withcarry on "property you control" and/or "a gun related event", are generally used as the justification for gun store/shooting rangeemployees carrying on the job.