Question about Texas fire arms laws

Discussion in 'Texas Gun Forum' started by ccase39, Feb 11, 2014.

  1. ccase39

    ccase39 New Member

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    My girlfriend and I are going to Houston this weekend for her work and will be driving in from Louisiana. When I travel I bring my handgun with me and keep it in the glove box as I drive. Is there anything I need to know about the laws there when it comes to firearms in a vehicle?
     
  2. SSGSF

    SSGSF New Member

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    You should be ok . As long as you don't drink and drive .
    You have to keep it concealed at all times.
    Our gun laws reciprocate with La. If you get pulled over for a traffic stop just let them know you have a firearm in the car. And tell them you are traveling.
    Do you have your conceal handgun lic?


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    Last edited: Feb 11, 2014

  3. ccase39

    ccase39 New Member

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    No permit yet. I never carry anyway. I usually put it in my bag if I'm checking into a room and then put it in the night stand.
    If I decide to go somewhere sometimes I will have it holstered out of sight until I get in my car. I probably shouldn't even do that.
     
  4. czfreak

    czfreak New Member

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    Even the walking to the car shoukd be fine. If i am correct our laws state your car is an extension of your property so it is legal even without a license to transfer the weapon to your car concealed as long as your are going straight from where you are staying to your car.

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  5. Doc3402

    Doc3402 New Member

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    Getting legal advice off the internet is often a recipe for disaster. I would do my own research by reading the Texas Statutes. If you are staying in a hotel that will require you to travel through the lobby going to and from your room make sure you pay strict attention to laws concerning common areas.

    A little PSA here. Folks, if you are a gun owner that travels with a handgun it is to your advantage to get a carry permit... even if you never intend to carry. Having that permit can save you a lot of headaches if an officer decides to ask you if you have any firearms.

    I mentioned "common areas" in the first paragraph. In some areas you have the right to possess in your car, and you have the right to possess in your home. The catch comes in if you live in a place that requires you to enter and exit through a common area such as a lobby or entry hall. Without a permit you may not be able to possess a firearm there even if you are going directly from your home to your car.
     
  6. John_Deer

    John_Deer New Member

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  7. seancslaughter

    seancslaughter New Member

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    Texas State law states that you can carry in your home, car or place of business. Traveling from car to either location like walking from your front door to the car is covered. Also the weapon MUST be concealed in the vehicle and you MUST report it to a LEO first thing if you are pulled over.
     
  8. ccase39

    ccase39 New Member

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    Great advice. I plan on getting my Cary permit next month
     
  9. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    NOTHING says you must declare it to an LEO if you are pulled over (unless you have a Texas CHL).

    In Texas it is legal to have a handgun on your person or in your car (On or about your person) if;
    it is concealed
    you are in your car (presumably a rental or the significant other's car is covered, but that is not specifically addressed)
    you are not prohibited from owning a firearm (felon, Protective Order, etc)
    You are not a member of a criminal street gang
    you are not breaking any other laws (other than a traffic offense).

    Not a thug, your car, not drunk or otherwise doing something very stupid, you are ok.

    Unfortunately the reaction you get from officers is not predictable (if you declare the gun). Soe officers are laid back and actualy support the 2nd Amendment. Some are uptight azz holes if they hear "gun".

    If you choose to declare, have your hands in plain view (on the steering wheel), your Driver's License out and wait for the officer's cue. Many will comment on your hand positioning. That is your opportunity to say "I do not want to make you nervous. I am travelling with a firearm and want to insure you have no cause to become alarmed". Or something to that effect. 99% of the officers will be cool with that and will likely just give you a warning.

    AT ALL COSTS avoid using terms like "Gun", "right to carry", "2nd Amendment", "Constitutional Rights" or "Go Sooners" and you should be fine
     
  10. SSGSF

    SSGSF New Member

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    Ok robo is it ok if a wilco deputy , to asked you to step out of your truck. And then proceeds to go thru your trucks and finds your gun and then runs the serial number to find out if it's stolen.
    That's what I call an azzhat.


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  11. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    first of all, he can't go through your vehicle without your permission, probable cause or a search warrant. i have nothing illegal to hide, but anytime someone wants to search my vehicle or home, they will need to secure a search warrant first. simply because i believe in my rights and if they are sure i have something illegal, then they will need to back up thst suspicion with a warrant.
     
  12. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    From your brief description of the situation, I would venture to say you were dealing with a Deputy who had little or no understanding of the meaning of Terry v Ohio.

    Many officers only see the first part of Terry, that he has a reasonable suspicion you may be armed. They do not get the second part about how you are likely to use said weapon to harm others.
     
  13. SSGSF

    SSGSF New Member

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    I am hijacking the thread ..
    I am not cop bashing but I just chalk it up to an uneducated cop.
    Hell it happened a couple years ago.



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  14. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    Wilco has gotten better under the current Sheriff. They still have a ways to go IMHO. One got rather heavy handed with my wife some time back. She got a personal apology from the Chief Deputy.

    The Bubba mentality is on the way out at Wilco. Higher pay will allow them to hire better, more educated officers. The old guard will be weeded out. Amazing how selective an agency can be when their pay is competitive.
     
  15. ccase39

    ccase39 New Member

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    I reasearched a site by NRA and from what I understand you can possess a firearm without a permit in your own car or a car within your control (rental) or ur residence or residence in ur control as long as it is conceiled. You can carry directly from your car to home and vice versa. I've decided to leave it home anyway.
     
  16. ccase39

    ccase39 New Member

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    Unfortunately they can claim anything as probable cause. Swerving, speeding, tail light out etch and then proceed to search your vehicle and for the sake of argument find something illegal. Now if you can afford an attorney it would probably be thrown out because it was insufficient probable cause. For the people who can't afford an attorney or don't know any better they will take a plea deal without even reviewing options. The court will get their court fees, DAs get recognition, and the arrests stats look good on paper.
    Depending on the DA cops well arrest you on just about anything they can put together and leave it in the hands of the DA to sort out. When it comes to misdemeanors They go after the type of people who they know likely cannot afford an attorney, some kid with pot, underage drinker, DUI etc . This is just for the sake of argument mind you, I am not saying these crimes should not be punished.
     
  17. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    an officer can cite probable cause until the cows come home and it will not help him in any way with me. it will more than likely cost him his job by the time my attorney is finished. what leg does that officer stand on when he cites probable cause and detains me, tears my vehicle apart and finds nothing illegal at all, because there was nothing there illegal to begin with? i also doubt the DA will pursue anything further when the officer came up dry in finding anything illegal. puts the officer and his department in a very bad situation in terms if a lawsuit. LEO's and LE agencies don't like cases where civil rights have been violated. it causes them huge problems.
     
  18. ccase39

    ccase39 New Member

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    Exactly. Sad to say most people are not as educated as you and I and get taken advantage of
     
  19. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    very true. but that is their own fault. we live in a day and age when information is right at the tips of your fingers and a simple search on the internet. i believe knowledge is power.
     
  20. TankTop

    TankTop Active Member Supporter

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    The tags on your license plate appeared damaged and could be an indication they were stolen so your vehicle must be towed to impound. This doesn't necessarily give him probable cause to search your vehicle but to insure you don't loose any valuables he was simply doing an inventory.


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