Pistol Packin' Momma (illegally)

[Doug.38PR]

Funny story (at least now that I can look back on it) my mother and I were over in Louiana getting a bit to eat at a Huddle House in the town where I am moving last Saturday. A couple of nights before when she came up from Houston she put her S&W Model 10 2 inch in her glove compartment to carry when she traveled. I told her to be sure and take it into the house she was staying and not leave it in the car overnight. She put it in her purse and walked on in the house after she arrived.

A day or so later we were eating dinner at Huddle House about noon as we were going to take pictures of my new house, talk to the builder about some things and try to get a little shooting time in.

Well, we order our food and start talking. Mom opens her purse to find something and while doing so says "Look, I've got my camera" (pulls it up out of the purse and shows me and puts it back) "and my gun" (ALSO PULLING IT UP OUT OF THE PURSE and shows me...in the middle of the Huddle House....and puts it back)

She said my eyes completely bugged out if my head when I saw that pistol dangling from her hand. I don't think anybody saw it (if they did they didn't call the police or anything). I leaned over the table and said in a very firm voice "DON'T EVER DO THAT AGAIN. YOU ARE NOT EVEN SUPPOSED TO BE CARRYING THAT AROUND IF YOU DON"T HAVE A CHL. IT"S A 10 year conviction!" She just kind of casually inquired about whether or not was okay or if she just forgot she had it in there. I told her "let's get up and walk out to your car and put it away" We put it back in the car and came back in. Noboyd ever said anything and no policeman ever walked in and questioned us.

We laughed about it the rest of the meal but goodness that scared the heck out of me. (the thought of my 65 year old mother going to jail, not the gun itself). I started to tell her to pass it under the table to me so it would be legal as I have a CHL (but thought better of it). I was trying to get her legal as quick as possible.

But she was so casual and "no big deal" about it.

[seamusTX]

What is "Louiana"?

- Jim

[DParker]

What is "Louiana"?

A misspelling of "Loozeeanna". You know, where "Nawlins" is?

[seamusTX]

If his mother is from Houston and was in Louisiana, she was traveling. I can't figure out from this story whether they were eating in Texas or Louisiana.

BTW, I can't see the police having a reason to search an elderly woman. I'll bet there are plenty packing illegally.

- Jim

[DoubleJ]

I think the gist is that when they were eating, they weren't travelling anymore, they were stopped.
I think it's debatable, but Doug was trying to "do the right thing."

now you just need to get her a CHL and she'll be squared away!

[seamusTX]

You can still be traveling while stopped, as long as what you are doing is incidental to traveling. Think of the old days, when people rode or drove horses. A trip could take days, and you would would have to stop many times.

- Jim

[DoubleJ]

I'm with ya, Jim. I'm just stating what I have read here in the past. I guess it's that gray line, one I wouldn't wanna push!

I mean, you haven't reached your destination, so technically you're still "in transit."
ah, well.

[seamusTX]

I agree that it's risky to depend upon the traveling exception, but this story illustrates that you are likely to get away with it if you don't do something to draw attention to yourself, and even if you do.

- Jim

[Keith B]

Doug, is this your Mom?

[KBCraig]

And not to squash your dramatic warning to your mother, but it's nowhere near a 10 year felony in either state.

(Edit to add, since I wanted to confirm the penalty in Louisiana):
Unlawfully carrying a weapon in Texas (PC 46.02) is a Class A misdemeanor, meaning up to 1 year in jail and a fine up to (I think) $1,000.

In Louisiana (LRS 14:95), the maximum penalty is six months in jail and a $500 fine.

Both states have enhanced penalties for schools and places that serve alcohol, and Huddle House doesn't fall into either category.

[seamusTX]

Actually, carrying in a place that sells alcoholic beverages in Texas is a third degree felony, which carries a possible sentence of ten years. (I don't know if "Huddle House" is such a place. I never heard of it.)

I doubt an elderly woman who was doing nothing else illegal would be charged that way. She would probably be offered a plea bargain of disorderly conduct or some such thing.

- Jim

[KBCraig]

Actually, carrying in a place that sells alcoholic beverages in Texas is a third degree felony, which carries a possible sentence of ten years. (I don't know if "Huddle House" is such a place. I never heard of it.)

Yeah, I edited to make that clear.

Huddle House is a diner. Just think of it as a classier Waffle House, or a cleaner Pitt Grill.

[Doug.38PR]

1) we were eating in Louisiana
2) she was not traveling
3) you can carry on your person (outside the car) if you are traveling in Texas??? (that's what seems to be implied in some of these posts.)
4) Not a 10 yr felony? I've had it from a dealer (very reliable source, I know) in Texas and a cop in Louisiana that carrying a gun illegally is a 10 year felony.
5) I wouldn't describe my mom as elderly...she doesn't look 65. Except for her partially gray hair she looks more like she's 55.
6) Huddle House is a breakfast, dinner and supper place that's a little more polished than Waffle House. I think there is one somewhere in Houston too so they are in some places in Texas.

[seamusTX]

1) we were eating in Louisiana

I don't know if Lousiana has a traveling exception.

2) she was not traveling

How was she not traveling? She was in a state where she does not reside and had no intention of staying.

3) you can carry on your person (outside the car) if you are traveling in Texas???

Yes. PC 46.02 is not applicable to someone who is traveling, the same as someone who is going to a shooting range.

4) Not a 10 yr felony? I've had it from a dealer (very reliable source, I know) in Texas and a cop in Louisiana that carrying a gun illegally is a 10 year felony.

Only if you are carrying without a license in a place where alcoholic beverages are sold, or a school. I doubt anyone gets that kind of sentence.

5) I wouldn't describe my mom as elderly...

It's just a word ... old enough to know better than to get into trouble.

- Jim

[KBCraig]

Louisiana does have a traveling exemption, and no license is required for car carry.