Can Anybody Tell Me
Posted: Thu Jul 26, 2007 11:39 am
What HB 1815 says in Laymen's Term and what its effect it will have on the Citizens of Texas in how the are allowed to carry firearms without a CHL.
Jungle Work
Jungle Work
Sure. Here is the text;Jungle Work wrote:What HB 1815 says in Laymen's Term and what its effect it will have on the Citizens of Texas in how the are allowed to carry firearms without a CHL.
Jungle Work
That means that if you are not on your own premises or premises under the person's control; or inside of or directly en route to a motor vehicle that is owned by by you or under the your control, AND you carry a handgun, illegal knife or club on or about your person then you are committing the crime of Unlawful Carrying a Weapon.(a) A person commits an offense if the person [he] 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.
IF YOU ARE on your own premises or premises under your control, then it is not a violation to carry a handgun, illegal knife or club on or about your person.
IF YOU ARE inside of or directly enroute to your motor vehicle or one that is under your control (rental, etc), then it is not illegal for you to carry a handgun, illegal knife or club on or about your person.
On your person means just that. About your person has been held to include any area within your immediate access.
The law then goes on to say that is IS a violation if the person carries a handgun, illegal knife or club in a vehicle AND the handgun is in plain view, or the person is engaged in criminal activity, other than a Class C misdemeanor that is in violation of a law or ordinance regulating traffic; the person is prohibited by law from possessing a firearm; or is a member of a criminal street gang.
Basically this makes car carry without a license perfectly legal.
Way to go legislature!