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Thread: Another Moving to TX question

  1. #1
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    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.

  2. #2
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    teamreddog wrote:
    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.
    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.

    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.



  3. #3
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    Thanks...and this counts for non texas residents. Because the laws cover the state not the persons residency. I appreciate the Info

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    Here is the definition of traveling. Below you will find a link to the entire Penal code that references weapons. WARNING: DO NOT OPEN CARRY IN TEXAS. NOT EVEN IN YOUR VEHICLE. YOU WILL BE ARRESTED. DON'TBE ATEST CASE.

    You can carry in your vehicle anywhere, but it must be concealed.



    http://www.legis.state.tx.us/tlodocs...l/HB00823F.HTM





    Code:
    SECTION 1. Section 46.15, Penal Code, is amended by adding 
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    Subsection (i) to read as follows:
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     (i) For purposes of Subsection (b)(3), a person is presumed 
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    to be traveling if the person is:
    (1) in a private motor vehicle;





    http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm




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    (a-2) For purposes of this section, "premises" includes 
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    real property and a recreational vehicle that is being used as 
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    living quarters, regardless of whether that use is temporary or 
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    permanent. In this subsection, "recreational vehicle" means a motor 
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    vehicle primarily designed as temporary living quarters or a 
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    vehicle that contains temporary living quarters and is designed to 
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    be towed by a motor vehicle. The term includes a travel trailer, 
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    camping trailer, truck camper, motor home, and horse trailer with 
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    living quarters.
    The thing about common sense is....it ain't too common.
    Will Rogers

  5. #5
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    § 46.15. NONAPPLICABILITY.


    ...
    ...
    (g) Repealed by Acts 2005, 79th Leg., Ch. 1093, § 4, eff.
    September 1, 2005.
    (h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, §
    3(1), eff. September 1, 2007.
    (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, §
    3(2), eff. September 1, 2007.
    (j) The provisions of Section 46.02 prohibiting the
    carrying of a handgun do not apply to an individual who carries a
    handgun as a participant in a historical reenactment performed in
    accordance with the rules of the Texas Alcoholic Beverage
    Commission.
    Rodbender, the actyou cite was undone in 2007 when the changes to 46.02 went into effect. THERE IS NO LEGAL DEFINITION OF TRAVELLING, and thus you can be travelling with an openly carried weapon as the definition which formerly specified that is GONE.If a cop agrees you are "travelling", then 46.02 flat doesn't apply and therefore it is technically legal to OC while travelling. How big an "if" that is depends on many factors, some outside the OCer's control. As such, you OC in a car at your own risk.

    Having said this, and hopefully proven it to rodbender's satisfaction, I totally agree that you shouldn't, because whether it is actually legal or not hinges on the opinion of the officer, judge and jury, not all of which will be friendly to the idea of open carry or of guns in general.

    In addition, this is going to be a hot topic of the Texas Legislature, and there is historical precedent for a Legislature making something illegal as the result of its legality being brought to public attention. The Black Panthers, the WBC, Presser v Illinois, all of these involved very public demonstrations that resulted in the passage of sweeping new laws specifically intended to stop such activities. In the Black Panthers' case, California reacted to their armed parade by banning carry of long guns. In response to the WBC, virtually every State has enacted laws banning organized protests within a certain distance of a location in which a funeral is taking place. Illinois passed a law outlawing public armed drill by civilians not associated with a recognized military unit to stop Presser from doing so.

    Aperson OCing in public and arguing that he is travelling according to Webster's definition, in the absence of any statute definition, is not the kind of publicity we need even if the argument succeeds. You are far safer in legal terms if you conceal; the law there makes very plain that it simply is not an offense to be in possession of a concealed handgun while in your own car.


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