i'm going to a wedding next week in austin.

any tips on no-no's in texas?

i know how to transport it, but I can have it my hotel room, loaded and concealed if i want to right?

skool me.

also, is backpack carry considered concealed? i'll try going to packing.org for answers, too.

packing.org is the spot. A backpack is considered concealed. Inside a motel/hotel/rv/or even tent is generally considered your domicile, and you can conceal or carry how you wish.

Without claiming to be an attorney and absolving myself of any responsibility in this matter (wow, that sounded like an attorney), I believe you are fine to have it in your hotel room (that should be considered like your house I think, although I would not leave it in the room unattended, as in when a maid may be coming in,. as you are always responsible for what happens to your firearm) and carrying in a backpack is considered concealed. If you have a CHL in California, it is now recognized in Texas. You can carry concealed as long as your weapon is not visible, even by printing through your clothing.

I believe packing.org closed their doors, but the Texas DPS website has alot of info.

Hope that helps.

ok..thanks all.

i called the po-po and asked about car carry, they said, that as long as the ammo and gun are separated, its fine, so i think the backpack (ccw maxpedition) will work for that.

from what i hear, being in the hotel with it on or bedside is fine.

in the backpack going to dinner would be a no-no right? just like cali and unlike a place like montana, where they don't consider a backpack as "on your person". that about right?

stupid me, i just learned about Utah CCW's recently. if i had planned ahead, i could have my 26 state CCW by now, and just concealed to my hearts content.

and no, i don't have a cali ccw, i'm in a VERY red county.

Ah, that makes all the difference in the world if you don't have a license from another state that Texas recognizes. That's why you have to separate the ammo and gun in the vehicle instead of either concealing it on your person or in the console or glove box. Basically you have your second amendment rights, but no concealed carry rights.

I was under the impression that concealed carry does not apply to vehicles in Texas. In other words you are allowed to carry a loaded pistol in your vehicle, as long as you are "traveling" and it was not in the open. The reason I think this is I remember there being some news reports about this a year or two ago, because the state "clarified" the rule about "traveling", but Houston said they were going to still enforce that a pistol cannot remain loaded inside a vehicle no matter if you're "traveling" or not.

What po-po did you talk to... Cali or Texas?


edit:
Found a press release about it: Texas HB823

http://www.house.state.tx.us/news/release.php?id=1441

The deal was it opened up the definition of traveling by saying "HB 823 provides for a legal presumption in favor of citizens that they are travelers if they are in a private vehicle with a handgun that is not in plain view, they are not otherwise engaged in unlawful activity nor otherwise prohibited by law from possessing a firearm, and they are not a member of a criminal street gang."

yeah, i read that too. the 5-0 was in irving where i THOUGHT we were going (found out the wedding is in Austin last night (duh. glad my wife is planning things). they said" the gun could be anywhere, in the center console/glovebox,etc, as long as the ammo is seperate...so far as i understand, riding in my daypack or a gun rug is fine. if i have mags in a separate pouch than the ccw pocket.

i was just hoping that the gun could just ride in my backpack, but it looks like its going to stay either in the car or the hotel when we're out doing stuff. i guess that's fine. :)

i'm not going to risk going extra-legal when there's a chance of a new Sherriff in san diego that is pro-CCW. be just my luck that i get a disqualifying misdimeanor 6mo or a year before i'm able to get my CCW...lol. THAT would be stupid.

mebbe i'll just bring my 870, so that it can go everywhere with 0 issues...lol.

yeah, i read that too. the 5-0 was in irving where i THOUGHT we were going (found out the wedding is in Austin last night (duh. glad my wife is planning things). they said" the gun could be anywhere, in the center console/glovebox,etc, as long as the ammo is seperate...so far as i understand, riding in my daypack or a gun rug is fine. if i have mags in a separate pouch than the ccw pocket.

i was just hoping that the gun could just ride in my backpack, but it looks like its going to stay either in the car or the hotel when we're out doing stuff. i guess that's fine. :)

i'm not going to risk going extra-legal when there's a chance of a new Sherriff in san diego that is pro-CCW. be just my luck that i get a disqualifying misdimeanor 6mo or a year before i'm able to get my CCW...lol. THAT would be stupid.

mebbe i'll just bring my 870, so that it can go everywhere with 0 issues...lol.

Ignore what the cop told you, Texas law changed so everyone could carry a loaded weapon in their car as long as it's concealed, and as long as you are capable of buying a handgun. It does not have to be unloaded, it does not have to be separate from the ammunition, and as far as I'm aware you do not have to tell an officer you have it when asked (which is different if you do have a CHL).

You can also carry the gun to the hotel room (concealed or open, I would choose to have it hidden) and leave it anywhere in the hotel room.

You CANNOT carry it on your person outside of the hotel room without a CHL (or unless you are in route to your car). The law does not care if the gun is loaded or not, you cannot carry a handgun, loaded or not, on your person, concealed, without a CHL.

Here's the law....


§ 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.

great thanks for the clarification. i'll read that code closely when i get home.

Ignore what the cop told you...

I don't think I would go so far as to recommend to someone to ignore what a LEO has told them. Yes, the letter of the law for the state says that you can carry in your vehicle. But, like I mentioned before, when all this came about the Houston Chief of Police, or maybe it was the DA, said that in Houston you will still be considered unlawfully carrying if you can't prove you are "traveling" like before this bill was passed.


edit:
I can't find the specific article about the DA saying they will keep arresting people for unlicensed possetion, but I did find this article, which pretty much covers it:

http://www.nytimes.com/2007/04/05/us/05guns.html?pagewanted=print

Ironically, the Houston DA mentioned in the article as being "the most influential in Texas" was just indicted and resigned his position due to hundreds of controversial (35%, racism, etc.) emails he had on his computer.

Ignore what the cop told you, Texas law changed so everyone could carry a loaded weapon in their car as long as it's concealed, and as long as you are capable of buying a handgun. It does not have to be unloaded, it does not have to be separate from the ammunition, and as far as I'm aware you do not have to tell an officer you have it when asked (which is different if you do have a CHL).

You can also carry the gun to the hotel room (concealed or open, I would choose to have it hidden) and leave it anywhere in the hotel room.

You CANNOT carry it on your person outside of the hotel room without a CHL (or unless you are in route to your car). The law does not care if the gun is loaded or not, you cannot carry a handgun, loaded or not, on your person, concealed, without a CHL.

Here's the law....

This is for Texas correct? Can you link where you found that?

Chris

I don't think I would go so far as to recommend to someone to ignore what a LEO has told them. Yes, the letter of the law for the state says that you can carry in your vehicle. But, like I mentioned before, when all this came about the Houston Chief of Police, or maybe it was the DA, said that in Houston you will still be considered unlawfully carrying if you can't prove you are "traveling" like before this bill was passed.



The DA would be dumb to prosecute. They are supposed to WIN cases, a case like this would not be winnable, period.

Show me one example of a DA taking a case like this to court since the "traveling" clause was removed from the law. You will also find cops that tell you that you can't carry in a building marked with a "gun buster" sign, they are clearly wrong.

I would recommend ignoring what the LEO says in the case. Cops don't know 100% of the law.

BTW, the DA retracted that statement you referenced soon after saying it.


edit:
I can't find the specific article about the DA saying they will keep arresting people for unlicensed possetion, but I did find this article, which pretty much covers it:

http://www.nytimes.com/2007/04/05/us/05guns.html?pagewanted=print

Ironically, the Houston DA mentioned in the article as being "the most influential in Texas" was just indicted and resigned his position due to hundreds of controversial (35%, racism, etc.) emails he had on his computer.

That was April 4th, 2007. The new law, when they removed the traveling clause, when into affect Sept 2007. The article has NOTHING to do with the new law.

In 2005 they attempted to define "traveling", the traveling clause was still in the law, you had to be traveling to carry the weapon with you. In 2007 they removed that requirement all together.

That article does not apply to the law now. There is no traveling clause, a DA would lose his ass in court if he attempted to prosecute.

This is for Texas correct? Can you link where you found that?

Chris

Here's the website, you are looking fro Chapter 46.02: http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm

The DA would be dumb to prosecute. They are supposed to WIN cases, a case like this would not be winnable, period.

Show me one example of a DA taking a case like this to court since the "traveling" clause was removed from the law. You will also find cops that tell you that you can't carry in a building marked with a "gun buster" sign, they are clearly wrong.

I would recommend ignoring what the LEO says in the case. Cops don't know 100% of the law.

BTW, the DA retracted that statement you referenced soon after saying it.

That was April 4th, 2007. The new law, when they removed the traveling clause, when into affect Sept 2007. The article has NOTHING to do with the new law.

In 2005 they attempted to define "traveling", the traveling clause was still in the law, you had to be traveling to carry the weapon with you. In 2007 they removed that requirement all together.

That article does not apply to the law now. There is no traveling clause, a DA would lose his ass in court if he attempted to prosecute.

That's interesting, I was not aware they went about rewording it again to state that you are not in violation if you are in or on your way to a motor vehicle. Good to know. In that case I would say don't worry about carrying the weapon in your car. Just make sure you put it somewhere where it won't have a chance to come into the open become an issue if a leo sees it.

Based on what you said, I agree with you that you have a legal right to carry. That said, I still don't think it's a good idea to recommend to someone to ignore what a leo says. The leo's recommendation may not be 100% in line with the law, but it may be a hint into what officers in that city feel toward this issue. Better to be cautious than to spend the night in jail waiting for the DA to decide whether to prosecute or not.

That said, I still don't think it's a good idea to recommend to someone to ignore what a leo says. The leo's recommendation may not be 100% in line with the law, but it may be a hint into what officers in that city feel toward this issue. Better to be cautious than to spend the night in jail waiting for the DA to decide whether to prosecute or not.

I see your point, I won't recommend doing so anymore, I'll just state what I would do based on my understanding of the law. I would carry, and if I was stopped and asked if I had a weapon I would say no, and if I was asked if it was ok to search my car I would say not without a warrant. Of course I have a CHL, so I have to declare the weapon, and I have to disarm if the Officer tells me to (which is total BS if you ask me)....


I have gone against the "advice" of several LEOs who did not understand the law. LEOs get a very brief overview of the law and are not kept as current as another interested party, in my experience. For example, I know the CHL law much better than my cousin and brother (both LEOs).

I was told by a cop at the Reliant stadium (just two weeks ago) that concealed carry was not allowed in the "whatever-the-fuck-you-call-it-next-to-the-stadium" building. I had asked him if it was ok when I entered the parking lot. However, I got out of the Jeep, checked the entrances and saw no 30.06 sign, so I carried. He was wrong. I later learned that the Reliant Stadium is owned by the city, so concealed carry CANNOT be disallowed with a 30.06 notice (however, you still can't carry in the stadium if a game is in progress).

Most LEOs will also tell you that you can't have a weapon in your car on school property, Texas law specifically states that parking lots, sidewalks and other "common" areas can't be "off limits" to CHL holders.

To the OP: you will be fine, you will not be breaking any law. Just don't carry it anywhere on your person unless you are directly en route to your room or car. That's what I would do anyway.

Ironically, the Houston DA mentioned in the article as being "the most influential in Texas" was just indicted and resigned his position due to hundreds of controversial (35%, racism, etc.) emails he had on his computer.

By the way, a good friend of mine was an expert witness during all of that crap, IT related. Apparently the city has a shit-poor excuse of a backup solution in place.

By the way, a good friend of mine was an expert witness during all of that crap, IT related. Apparently the city has a shit-poor excuse of a backup solution in place.

Ya, I found it interesting that he could just delete all trace of several hundered emails after an investigation was already in place. I figured the investigators would have already copied all of the files or printed them out for evidence.