Gun carry in car illegal in Texas for non-Texans?

[Doug.38PR]

I am now a resident of Louisiana. I was told today that in Texas it's illegal to have a firearm (handgun or longgun) in the car with ammunition in or around the gun IF you are a non-resident of Texas.

I have never heard this. Is this accurate? (I return to Texas a lot and while I have a CHL, I do carry a longgun in my car under the back seat frequently)

[Pawpaw]

No, that is not correct. Here is the relevant law:

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly carries
on or about his or her person a handgun, illegal knife, or club if the
person is not:
(1) on the person's own premises or premises under the person's
control; or
(2) inside of or directly en route to a motor vehicle that is owned
by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a
motor vehicle that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor
that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
71.01.
(a-2) For purposes of this section, "premises" includes real property
and a recreational vehicle that is being used as living quarters, regardless
of whether that use is temporary or permanent. In this subsection,
"recreational vehicle" means a motor vehicle primarily designed as
temporary living quarters or a vehicle that contains temporary living
quarters and is designed to be towed by a motor vehicle. The term
includes a travel trailer, camping trailer, truck camper, motor home,
and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this
section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the
offense is committed on any premises licensed or issued a permit by
this state for the sale of alcoholic beverages.

[The Annoyed Man]

Here is the text of the enrolled bill: http://www.legis.state.tx.us/tlodocs/80 ... 01815F.HTM.

Being somewhat lazy, I just did a search for the word "resident." It doesn't appear anywhere in the bill. I'm not a lawyer, so I couldn't tell you definitively if that is significant or not, but, there it is....

[Doug.38PR]

specifically this person (a chl instructor in LA) used this scenario: If you get in your pickup with a gun in the rack in the back window (loaded or unloaded) with shells in your console and Barney Fife pulls you over, he can arrest your for some kind of illegal weapons carrying.

I reacted in surprise. Said I was from texas and have never heard of such a law. He then said it applied to non-residents who were not from Texas. I wasn't sure, didn't have info in front of me so I didn't argue.

[Pawpaw]

Barney Fife can arrest you just for breathing his air, but it won't hold up in court.

State law in Texas doesn't even regulate long guns (or any kind of ammo), only handguns. Texas has state preemption, so no local government can have a law regarding the carrying of firearms.

[speedsix]

...see I tol' you to move to N.Texas, not La.!!! them boys all lie about sumpin'...even if they have to make it up...

[KaiserB]

Barney Fife can arrest you just for breathing his air, but it won't hold up in court.

State law in Texas doesn't even regulate long guns (or any kind of ammo), only handguns. Texas has state preemption, so no local government can have a law regarding the carrying of firearms.

State law in Texas DOES regulate long guns, additionally there are statutes on ammo also. Please be careful giving legal advice. There are several regulations and laws in Texas that regulate long guns, rifles, shotguns:


§ 46.01. DEFINITIONS. In this chapter:
...
(3) "Firearm" means any device designed, made, or
adapted to expel a projectile through a barrel by using the energy
generated by an explosion or burning substance or any device
readily convertible to that use. ...

§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly
possesses or goes with a firearm, illegal knife, club, or
prohibited weapon listed in Section 46.05(a):

[speedsix]

...we were talking specifically about guns in vehicles...and the MPA...and within that context, Pappaw was correct regarding Texas law...I'd like to read the statutes on AMMO in Texas law??? any handy that you could cite for us??? 46.03 deals with premises, not highways, with one exception, the nearness to a prison...and it exempts those travelling on a highway in that one case...

[Pawpaw]

State law in Texas DOES regulate long guns, additionally there are statutes on ammo also. Please be careful giving legal advice. There are several regulations and laws in Texas that regulate long guns, rifles, shotguns:

Well, of course, you are right and I misspoke. What I meant was in terms of generally carrying a long gun, such as in a car.

I was thinking of specifics (as the OP laid it out) and gave too broad an answer.

Thanks for correcting me. It might have caused problems for the OP.

[Pawpaw]

...we were talking specifically about guns in vehicles...and the MPA...and within that context, Pappaw was correct regarding Texas law...I'd like to read the statutes on AMMO in Texas law??? any handy that you could cite for us???

This is the only one I'm aware of:

PC §46.01. DEFINITIONS. In this Chapter:
(12) "Armor-piercing ammunition" means handgun ammunition
that is designed primarily for the purpose of penetrating metal or body
armor and to be used principally in pistols and revolvers.

PC §46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
(b) It is a defense to prosecution under this section that the actor's
conduct was incidental to the performance of official duty by the armed
forces or national guard, a governmental law enforcement agency, or a
correctional facility.
(c) It is a defense to prosecution under this section that the actor's
possession was pursuant to registration pursuant to the National Firearms
Act, as amended.
(d) It is an affirmative defense to prosecution under this section that
the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade
knife, or short-barrel firearm solely as an antique or curio; or
(2) was incidental to dealing with armor-piercing ammunition
solely for the purpose of making the ammunition available to an organization,
agency, or institution listed in Subsection (b).
(e) An offense under this section is a felony of the third degree
unless it is committed under Subsection (a)(5) or (a)(6), in which
event, it is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for the possession
of a chemical dispensing device that the actor is a security officer
and has received training on the use of the chemical dispensing device
by a training program that is:
(1) provided by the Commission on Law Enforcement Officer
Standards and Education; or
(2) approved for the purposes described by this subsection by
the Texas Private Security Board of the Department of Public Safety.
(g) In Subsection (f), "security officer" means a commissioned security
officer as defined by Section 1702.002, Occupations Code, or a
noncommissioned security officer registered under Section 1702.221,
Occupations Code.

[speedsix]

...yeah, I remember that one...gave all mine to a rookie when I quit...don't expect to engage any knights in shining armor, anyways...

[alvins]

personally i dont think a non resident should have the same right to carry a gun in their car without a reciprocal chl from another state.

[apostate]

specifically this person (a chl instructor in LA) used this scenario: If you get in your pickup with a gun in the rack in the back window (loaded or unloaded) with shells in your console and Barney Fife pulls you over, he can arrest your for some kind of illegal weapons carrying.

If it's in a rack, that doesn't sound concealed. In plain view is a CHL/MPA violation if it's a handgun. No problem if it's a long gun.

After careful consideration, I believe I have identified the reason for the confusion. "a chl instructor in LA"

[Mr.ViperBoa]

personally i dont think a non resident should have the same right to carry a gun in their car without a reciprocal chl from another state.

So if i am moving from one place to another and I dont have a chl I shouldnt have the same rights as you? I shouldnt be able to defend myself the same as you? Just asking.

[speedsix]

...we HAVE the right...it's whether or not our gooberment will let us excercise it "legally"...I want every American citizen who can to carry in their car and on their person...there're WAY more of us good guys than there are bad guys...so far...