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Thread: gun in car?

  1. #1
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    gun in car?

    Hi, there are a few things I would like to know..

    1) What are the laws of carrying a gun in your car on a normal everyday basis?
    - I recall hearing that if you get pulled over, since police can't prove you aren't traveling it essentially allows you to carry a gun in your car at all times. Is this true?

    2) What are the laws concerning having a gun in your car when you ARE traveling?

    3) When having a gun in your car under the two situations above, are there any laws that restrict what kind of gun it can be? Could I have a shotgun or assault rifle in my trunk, etc.

    4) Does the gun you are carrying in your car have to be empty (not loaded)???


    Thanks in advance..

  2. #2
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    Quote Originally Posted by RileyE104 View Post
    Hi, there are a few things I would like to know..

    1) What are the laws of carrying a gun in your car on a normal everyday basis?
    - I recall hearing that if you get pulled over, since police can't prove you aren't traveling it essentially allows you to carry a gun in your car at all times. Is this true?
    Right answer, wrong reason.

    In past years, relying on the "traveling" defense was difficult to meet. Now, Penal Code 46.02(a)(2) says it's no longer an offense to carry a handgun on or about your person if you are "inside of or directly en route to a motor vehicle that is owned by the person or under the person's control."



    2) What are the laws concerning having a gun in your car when you ARE traveling?
    You can't be a member of a criminal street gang, can't be breaking any laws other than a Class C violation of the Traffic Code, and the gun must not be visible.

    There is no obligation to voluntarily inform the police that you have a gun, but it's illegal to lie if asked. You don't have to answer, but if you do you can't lie (that isn't just a gun thing, it's a police thing).

    Without a CHL, it's a violation of the federal gun free school zone act to be in a school zone with a gun that isn't unloaded and locked in the trunk. But no one cares, not even the feds, unless they're out to tack on charges for something else you were doing.


    3) When having a gun in your car under the two situations above, are there any laws that restrict what kind of gun it can be? Could I have a shotgun or assault rifle in my trunk, etc.
    Texas doesn't care about long guns. You can carry them on your person, in your car, openly, concealed, loaded, unloaded, whatever.


    4) Does the gun you are carrying in your car have to be empty (not loaded)???
    No.

    All the answers to your questions can be found here:

    http://www.statutes.legis.state.tx.u.../htm/PE.46.htm

  3. #3
    Regular Member Fisherman's Avatar
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    Yes, if you go into a store, you have to leave it locked up in the car. If you want to take it with you, you have to say, "Mother May I" by getting a permit to exercise what's already your God given right to self defense. I hope the people Texas can get together to change that.

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