West South Central Arkansas, Louisiana, Oklahoma, and Texas

Handgun while traveling, can I do it?

Old Jul 30, 2006 | 01:25 PM
  #1  
TechCam97's Avatar
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From: Temple, Texas
Handgun while traveling, can I do it?

Hey ya'll I had a question and I know a few of you are police officers or at least know the answer. I travel over an hour and a half from my hometown to my college on rural highways in central Texas. The cities are pretty spread out, usually about a half an hour between towns and three major towns on the drive. When out in the country there is no cell phone reception and I get kind of paranoid. I used to not worry but when I as taking a break from college and working for a tractor / trailer company the drivers would tell me some of the horror stories they saw out on that stretch, not to mention a good friend of mine was being followed by some crazy man who was trying to use his car to ram hers off of the road and followed her flashing his lights and tapping her rear bumper for an hour. I have a handgun but no CHL, is it lawful to put my loaded handgun in my glovebox when I'm on my trip to or from home to school? I wouldn't leave it in my car when I driving around either town, but can I have it there when I'm driving those long distances all by myself? I drive it alot as well, I go home every other weekend so will that be a problem? If it's ok, how do I tell an officer if I'm pulled over that there is a loaded pistol in my car? Anyone know?
Old Jul 30, 2006 | 01:27 PM
  #2  
TechCam97's Avatar
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Re: Handgun while traveling, can I do it?

P.S. for the gun nuts wondering what I carry it will be either my Sistema Colt 1911 .45 or my Rock Island 1911 .45. My name is Matt.....and I'm a 1911 freak.....
Old Jul 30, 2006 | 02:51 PM
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Re: Handgun while traveling, can I do it?

http://www.capitol.state.tx.us/statutes/pe.toc.htm

Title 10 chapter 46.....


§ 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.
(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.

(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.


***Its a "grey area" of the law**** Normally if you travel "from, through, to" (3 counties) and have a good reason there should be no problem... But you can still get arrested, and contest it in court....
Old Jul 30, 2006 | 03:50 PM
  #4  
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Re: Handgun while traveling, can I do it?

Awesome, thanks! I'm sure I fit that description on traveling since I pass through more than three counties on my trip. I'll probably print that out and keep it with me just in case. I'm planning on getting my CHL, but I have to wait until the funds are there to do that since it's a nice chunk of change. But I do wonder, what would happen if I get pulled over, should I inform the police officer or just risk him finding it and thinking the worst of me. I know that if I had my CHL I'd just hand him that when he asked for my license and registration and that'd be that, but how should I approach the subject if I don't have my CHL and am traveling? "Hello officer, there's a loaded pistol in my glovebox...." is probably something they really don't want to hear on a lonely stretch of highway in the middle of nowhere!
Old Jul 30, 2006 | 06:13 PM
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From: San Antonio, Texas
Re: Handgun while traveling, can I do it?

I wouldnt tell him unless he was gonna search the car. Then tell him before he starts so he isnt suprised.

I plan on getting my CHL soon. Its only like $70.
Old Jul 30, 2006 | 07:03 PM
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Re: Handgun while traveling, can I do it?

Originally Posted by Josh'95Z28conv
I wouldnt tell him unless he was gonna search the car. Then tell him before he starts so he isnt suprised.

I plan on getting my CHL soon. Its only like $70.
Alittle FYI...

§ 411.205. DISPLAYING LICENSE; PENALTY. (a) If a
license holder is carrying a handgun on or about the license
holder's person when a magistrate or a peace officer demands that
the license holder display identification, the license holder shall
display both the license holder's driver's license or
identification certificate issued by the department and the license
holder's handgun license. A person who fails or refuses to display
the license and identification as required by this subsection is
subject to suspension of the person's license as provided by
Section 411.187.
(b) A person commits an offense if the person fails or
refuses to display the license and identification as required by
Subsection (a) after previously having had the person's license
suspended for a violation of that subsection. An offense under this
subsection is a Class B misdemeanor.

So if you get stopped, you are required by law to show DL and CHL...
Old Jul 31, 2006 | 09:10 AM
  #7  
96speed's Avatar
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Posts: 2,248
From: Houston, TX
Re: Handgun while traveling, can I do it?

Get the CHL. It is 140 bucks plus the class. I paid 140 for my class, but it was a two day class at an indoor range.

I think most of us can say that funds are tight (When's the last time funds were plentiful ?) , but they will get real tight if you get stopped by Johnny Law in Podunkville. Try explaining to him how you interpreted the law if he's in a bad mood. Just painting a really messy picture. Borrow the money and take the class. Offer armed escourt services to recoup the funds. J/K.

Jokes aside, please remember one thing: Having a gun does not make you armed. Alertness and preparation are the best defensive weapons to have.

Good luck.
Ryan
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