Traveling...

[jhutto]

I am traveling to Houston today. I will be spending the night..I still have not obtained my CHL, but I hate to go alone to a big city with no protection. I hear they now have the traveling definition in the law. My question is this, is it ok to have a loaded gun on the seat next to me while traveling, should it be concealed? Can it be in the glovebox? How does this work. My understanding is that once I reach my destination, Hotel, I have to leave it there until my return trip. Any thoughts questions, or comments appreciated.

[txinvestigator]

I am traveling to Houston today. I will be spending the night..I still have not obtained my CHL, but I hate to go alone to a big city with no protection. I hear they now have the traveling definition in the law. My question is this, is it ok to have a loaded gun on the seat next to me while traveling, should it be concealed? Can it be in the glovebox? How does this work. My understanding is that once I reach my destination, Hotel, I have to leave it there until my return trip. Any thoughts questions, or comments appreciated.

For your amusement

http://www.texasshooting.com/TexasCHL_F ... =traveling

http://www.texasshooting.com/TexasCHL_F ... =traveling

Texas Penal Code
§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.

46.15 NON_APPLICABILITY
(b) Section 46.02 does not apply to a person who:


(3) is traveling;


i) For purposes of Subsection (b)(3), a person is presumed
to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other
than a Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(3) not otherwise prohibited by law from possessing a
firearm;
(4) not a member of a criminal street gang, as defined
by Section 71.01; and
(5) not carrying a handgun in plain view.

You NEED to read those other threads to read about the Houston DA.

[kauboy]

I would be extremely cautions when traveling to/through Houston with a handgun and no CHL.

While technically it is completely legal for you to "travel" wth a handgun, the interpretation of traveling is left to the local DA and his minions(read: officers).

If you are pulled over with a handgun in view and it is visibly obvious that you are traveling, then the officer has two options. 1.) Let you be on your way but warn you that you may want to hide the gun from ignorant citizens, or 2.) Hook you and book you and let you argue with a judge about whether you were traveling or not.

The presumption of traveling spelled out in the law is supposed to protect the unlicensed gun carrying occupant of a vehicle from arrest/prosecution even if they are just running down the street to the local Gas-n-Go. But, many DAs decide to interpret it as a defense that you can use once you are taken to court on charges of UCW. This is not what the Congressmen who wrote the bill intended, but they haven't done anything to clarify it yet.

So, you are taking a risk by simply going to Houston with a gun, but if that is a risk you are wiling to take to protect your life(and I've heard that their crime rate has skyrocketed since Katrina) then by all means, do what you think is best. If I were you, though, I would try to follow all of the criteria in the presumption that TXI pointed out above. In all reality, you probably won't even see an officer during your trip, so this whole discussion might be moot.

[jhutto]

I wasn't pulled over or anything so no problems.
Houston can be dangerous place.

[seamusTX]

Houston can be dangerous place.

I'm glad your visit was uneventful.

Just to put the matter in perspective, yeah, Houston has more crime than, say, Bryan or Tyler. The murder rate has spiked since whatever it was that happened in August 2005. But much of that is gang and drug-related and doesn't affect people who are minding their own business.

I go to Houston several times a month and have never witnessed a hint of criminal intent. (Yeah, I know, some consider that denial.)

- Jim