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Old Nov 13, 2007 | 10:21 PM
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Texas Gun Laws

Hey guys, I will be moving to TX in the next couple weeks, and I am wondering if anybody knows of any good websites about Gun Laws in TX. I am most interested in the laws concerning guns in your vehicle....if it is legal to carry a pistol in the cab of my truck, or if it has to be in the bed...just things like that. Thanks!
 
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Old Nov 13, 2007 | 10:46 PM
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i'm interested in finding that out too.. i'd think some common sense wld come into play that if you're gonna keep a gun in your truck you shud keep it locked up rather than in the bed for any idiot to come along....

please tell me TX has that much common sense!!!
 
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Old Nov 14, 2007 | 07:42 AM
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I believe if you go to the NRA's website, they have a section for the gun laws in various states. You could also contact the sheriff or courts for the area you're moving to. They could probably help.
 
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Old Nov 14, 2007 | 08:36 AM
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I'm from Texas, but don't mess with guns anymore (too much Uncle Sammy). I have one rifle in the house for varmits, both big and small, so I don't keep up with the laws much anymore.



If you have a permit to carry, which is very easy to get, guns are not a problem.

No permit, no loaded guns in the vehicle within reach of the driver. No ammo in the guns. This used to have exceptions, but I don't know if they are still in effect, such as: traveling across county lines a firearm was ok, transporting expensive items/large sums of money, or courier type transport, a firearm is allowed.

I long for the day (which will never come again) when you could go to most any hardware store and pick out whichever gun you wanted, and a truck load of ammo if you wanted it. I bought my first gun, a .410 single shot, when I was ten years old from money I got from Christmas. But the laws that now protect us from other law abiding citizens have ended all that. I liked it when the majority ruled, not the minority. jd
 
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Old Nov 14, 2007 | 09:43 AM
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There is a new(ish) law in Texas, in your vehicle, travelling, you CAN have a concealed handgun...without a license.

Also, See HB 823 for Texas.

Motorists Protection ActHB 1815
“Concealed Handguns in Vehicles OK” -- “Traveling” law confusion a thing of the past.

The offense of illegally carrying a handgun, illegal knife or club has been removed from law if you are on your own premises, premises under your control, or inside or directly enroute to a motor vehicle you own or is under your control. The weapons remain illegal if you intentionally, knowingly or recklessly carry them in plain view in a motor vehicle, or are involved in certain criminal activity, are in a criminal gang, or cannot legally possess a firearm. This new law ends decades of legal abuse of innocent citizens under deceptive “traveling” rules, affirmative defenses, prosecutorial discretion, denials of civil rights and traps for the unwary.

Texas thus becomes the fourth state to recognize Freedom to Carry (FTC) -- concealed carry with no permit -- at least under the narrow circumstances of in vehicles and on your premises. (The other three are Vermont, Alaska, and Montana outside of city limits. Arizona recognizes FTC in your home, business and on land you own or lease.) FTC differs from so-called “Right-to-Carry,” which requires a government-issued permit, forms, tests, taxation, fingerprinting, photographing, embedding in state and federal databases and an expiration date, for exercise of “rights.”
Passed (5/26/07), Effective date 9/1/07.
 

Last edited by ag-ford-4x4; Nov 14, 2007 at 10:01 AM.
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Old Nov 14, 2007 | 11:51 AM
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Thanks guys, that clears things up a bit. I have noticed that the "traveling" laws seemed kinda shaky, but according to the post ag-ford put up, as of September, it is now legal to carry a concealed weapon in your home or vehicle without a permit. Am I reading that right?
 
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Old Nov 14, 2007 | 12:26 PM
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From: sunny fla sometimes windy
In Florida you can carry in your glove box, But it has to be in the case or holster and
basically take three steps to get to. So you have to reach to the glovebox#1, then
open the glovebox#2, then unholster, etc.#3. If you get pulled over you must tell
the officer immediately that you have a firearm in the vehicle, I usually say it while they are walking up with my hands in clearview. I got pulled over once for 10mph over
and told the leo, he asked for it ran the numbers and wrote the ticket for speeding
and he called me back to get the ticket, He had taken the clip out, He handed me the
pistol and clip, and on instinct I slammed the clip home!! I looked up real quick and
the officer looked at me with wide eyes!! I said opps sorry it's just habit, He said I
know what you mean. It was a few tense seconds and next time I will just leave the
clip out until I am in my vehicle.
 
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Old Nov 14, 2007 | 12:34 PM
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Originally Posted by nut1605
Thanks guys, that clears things up a bit. I have noticed that the "traveling" laws seemed kinda shaky, but according to the post ag-ford put up, as of September, it is now legal to carry a concealed weapon in your home or vehicle without a permit. Am I reading that right?
Correct, you can carry in your vehicle without a permit. It must be concealed but it can be loaded and ready to go. You don't have to worry about the definition of "travelling". I just finished my concealed carry class to update my license for the third time and that particular issue was discussed quite a lot.

If you want to carry a concealed gun on your person, you must still have a permit.
 
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Old Nov 14, 2007 | 12:35 PM
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Originally Posted by hofuf
Correct, you can carry in your vehicle without a permit. It must be concealed but it can be loaded and ready to go. You don't have to worry about the definition of "travelling". I just finished my concealed carry class to update my license for the third time and that particular issue was discussed quite a lot.

If you want to carry a concealed gun on your person, you must still have a permit.
I will probably try to get a CCL when I get there. How easy are they to get?
 
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Old Nov 14, 2007 | 02:27 PM
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How easy are they to get?
Frighteningly easy.

You can see the requirements here. Basically, you have to be able to afford the class and not be a 'screw up'.

http://www.txdps.state.tx.us/administration/crime_records/chl/faq.htm

Here is the law:

GC §411.172. ELIGIBILITY.

(a) A person is eligible for a license to carry a concealed handgun if the person:

(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);

(2) is at least 21 years of age;

(3) has not been convicted of a felony;

(4) is not charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment;

(5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor;

(6) is not a chemically dependent person;

(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

(9) is fully qualified under applicable federal and state law to purchase a handgun;

(10) has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;

(11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;

(12) has not been finally determined to be in default on a loan made under Chapter 57, Education Code;

(13) is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;

(14) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and

(15) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174 or in a request for application submitted pursuant to Section 411.175.

(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:

(1) a felony if the offense is so designated by law or if confinement for one year or more in a penitentiary is affixed to the offense as a possible punishment; and

(2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.

(c) An individual who has been convicted two times within the10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person.

(d) For purposes of Subsection (a)(7), a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person:

(1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability;

(2) suffers from a psychiatric disorder or condition described by Subdivision (1) that:

(A) is in remission but is reasonably likely to redevelop at a future time; or

(B) requires continuous medical treatment to avoid redevelopment;

(3) has been diagnosed by a licensed physician or declared by a court to be incompetent to manage the person's own affairs; or

(4) has entered in a criminal proceeding a plea of not guilty by reason of insanity.

(e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):

(1) involuntary psychiatric hospitalization in the preceding five-year period;

(2) psychiatric hospitalization in the preceding two-year period;

(3) inpatient or residential substance abuse treatment in the preceding five-year period;

(4) diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; or

(5) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consisting of or relating to:

(A) schizophrenia or delusional disorder;

(B) bipolar disorder;

(C) chronic dementia, whether caused by illness, brain defect, or brain injury;

(D) dissociative identity disorder;

(E) intermittent explosive disorder; or

(F) antisocial personality disorder.

(f) Notwithstanding Subsection (d), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subsection (d) or listed in Subsection (e) is not because of that disorder or condition incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person provides the department with a certificate from a licensed physician whose primary practice is in the field of psychiatry stating that the psychiatric disorder or condition is in remission and is not reasonably likely to develop at a future time.







 

Last edited by ag-ford-4x4; Nov 14, 2007 at 02:35 PM.
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Old Nov 14, 2007 | 06:24 PM
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Originally Posted by ag-ford-4x4
Frighteningly easy.

You can see the requirements here. Basically, you have to be able to afford the class and not be a 'screw up'.

http://www.txdps.state.tx.us/administration/crime_records/chl/faq.htm

Here is the law:

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Looks logical to me. What would you propose they add to the requirements for obtaining the permit?
 
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