New Concealed Handgun Law Won't Stop Prosecution

POSTED: 7:20 am CDT August 30, 2005

AUSTIN, Texas -- A new law aimed at reducing the number of arrests for unlawful handgun possession won't deter Harris County district attorneys from prosecuting motorists arrested on concealed handgun charges.

"It is still going to be against the law for (unlicensed) persons to carry handguns in autos," Harris County District Attorney Chuck Rosenthal said Monday, adding that the new legal defense can still be challenged by prosecutors.

The new law, effective Thursday, clarifies a law that allowed Texans to carry handguns while traveling. The new law says a person is "presumed to be traveling" if he or she is in a private vehicle, is not engaged in criminal activity (except for a minor traffic offense), is not prohibited by any other law from possessing a firearm and is not a member of a criminal street gang.

Motorists must conceal the gun in the car.