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Thread: Houston Fox 26 News - No permit needed to carry guns in cars in Texas

  1. #1
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    Houston Fox 26 News - No permit needed to carry guns in cars in Texas

    http://www.myfoxhouston.com/dpp/news...o-your-vehicle

    Good report, except for the bogus "The gun also must be in your name" part.

    Here is the amended statute: http://www.capitol.state.tx.us/tlodo...l/HB01815F.HTM

  2. #2
    Regular Member rushcreek2's Avatar
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    " Houston - we have a problem...."

    That's a "Rip Van Winkle" news flash for Houston Metro consumption - I guess. Only took them dear folks nearly 4 years to metabolize the 2007 Motorist Safety Act. I recall after the MSA was enacted their local D.A. declaring something to the effect that he would still prosecute any non-CHL motorist that had a handgun in their vehicle driving through Harris County.

    What was that about a "presumption of traveling" ? ? ? A Houston precious moment....I guess.

    Since 46.02 DOES NOT APPLY anyway WHEN TRAVELING (see 46.15) the provisions of the MSA of 2007 embodied in 46.02 have NOTHING to do with the topic of traveling, or any presumption of traveling. Once again - the provisions of 46.02 DO NOT APPLY TO A PERSON WHEN TRAVELING. That includes the provisions of the MSA of 2007 FOUND IN 46.02. It simply means you can carry a handgun in your vehicle even without a CHL. Which is good, but still it has nothing to do with traveling which is a totally separate issue.

    This kind of cracker barrel commentary is a good example of the anecdotal confusion that has shadowed Texas' handgun laws for decades. Also serves as another good illustration why Texas needs constitutional carry like Arizona. Chapter 46 is one huge ball of duct tape and baling wire.
    Last edited by rushcreek2; 11-19-2010 at 11:23 PM.

  3. #3
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    Quote Originally Posted by rushcreek2 View Post
    " Houston - we have a problem...."

    That's a "Rip Van Winkle" news flash for Houston Metro consumption - I guess. Only took them dear folks nearly 4 years to metabolize the 2007 Motorist Safety Act. I recall after the MSA was enacted their local D.A. declaring something to the effect that he would still prosecute any non-CHL motorist that had a handgun in their vehicle driving through Harris County.

    What was that about a "presumption of traveling" ? ? ? A Houston precious moment....I guess.
    Yes, that was Chuckie Rosenthal. The 2007 version of "presumption of traveling" was only a presumption that could be rebutted in court, and Rosenthal vowed to prosecute anyway.

    The 2009 MPA fixed it by moving the using the same "presumed" language in 46.15, "Nonapplicability".

  4. #4
    Regular Member Fisherman's Avatar
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    "...gun has to be in your name" Wrong. This suggests registration. It could be my brothers gun or my neighbors gun that I borrowed. Doesn't matter. It's a tool, like a hammer or a steam iron. Not a big deal.

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