I've been thinking about buying a left handed holster and mounting it to the side of my center console between the seat and console. I don't really like the way that one could easily be seen if someone looked through the window in a parking lot.
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Originally posted by John -- '02 HAWK View PostIf i remember correctly traveling used to be considered crossing the county line, and was a loop hole to allow the carrying of a loaded shotgun
Now I could see how this might be usefull. I would enter my vehicle and use the vehicle holster until I exited the vehicle in which case I'd reholster into my concealed holster. If someone is pepping into my vehicle and can see it they are to close and probably shouldn't be. Now I can see a situation if I'm at a drive through window where this might be deemed illegal... The only other time I can think of this being a problem is if I'm being pulled over in which case I would conceal it but knowing my luck I'd somehow "forget" and screw myself on that. Maybe not such a good idea now that I think about it LOL!
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Originally posted by John -- '02 HAWK View PostIf i remember correctly traveling used to be considered crossing the county line, and was a loop hole to allow the carrying of a loaded shotgun
A handgun, and a long gun (rifle or shot gun) is different. I could put a shotgun in a gun rack and drive 2 blocks, or across the state of Texas, and not break a single law.
Fuck, I could walk down interstate 35 carrying a loaded shotgun, and not break a single law. Sure, someone WOULD call the Police. And I almost guarantee you'd be harassed. Fuck, If HEB doesn't have a sign up, I can walk into the grocery store with a god damned m4 in my cart, and not break a single law. You have to know the law, and realize there is a difference in HANDGUN and WEAPON.
Also, traveling was NEVER defined. The lack of a definition was the loop hole. Traveling could be traveling to the grocery store, or traveling across the state. If I said I was "traveling" to El Paso, and the officer didn't believe that to be "traveling" I could get a ticket. If I was going to the grocery store, and the officer was fine with citizens carrying in their car, and he considered that "traveling" it would be fine.
Regardless, "Traveling" is an obsolete term.
Googling "Texas Penal Code" is very, very simple.
Originally posted by ThreeFingerPete View PostIIRC, the word is still used but is now defined as just driving your hooptie.
-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.
As long as youre not in a street gang, and not prohibited, you can carry in your fucking car. It doesn't say traveling anymore, that was taken out in about 2008?
The following article, defines where you CAN NOT carry a WEAPON
Sec. 46.03. PLACES WEAPONS PROHIBITED
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
See how weapon, and handgun are different?
Google, and read. No more "I thinks" "recalling" or "remembering"
Know your rights. This shit is important.
It's so easy to find, and readily available there should be no reason not to be 100% positive.Last edited by HarrisonTX; 02-15-2012, 12:20 AM.DE OPPRESSO LIBER
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I think this is a thread we need Osiris and 03TrubluGT to comment on."When the people find that they can vote themselves money, that will herald the end of the republic." -Benjamin Franklin
"A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury." -Alexander Fraser Tytler
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The facts are there. Are you just looking for their opinion? I'm not saying I'm going to shop with a rifle in my cart, I'm just saying its not a crime. I remember when rifles in back Windows were a common sight. Through most of the 90's my dad had a rifle in a gun rack in his truck. Only reason its not there now is he fears it would be stolen.
I have no CHL, and I have a 1911 in my center console.DE OPPRESSO LIBER
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Originally posted by HarrisonTX View PostI hope I don't offend you, but the ignorance on carrying a weapon lately has really started to bug me.
Also, traveling was NEVER defined. The lack of a definition was the loop hole. Traveling could be traveling to the grocery store, or traveling across the state. If I said I was "traveling" to El Paso, and the officer didn't believe that to be "traveling" I could get a ticket. If I was going to the grocery store, and the officer was fine with citizens carrying in their car, and he considered that "traveling" it would be fine.
Regardless, "Traveling" is an obsolete term.
Googling "Texas Penal Code" is very, very simple.
You're right about the current rights granted by that amendment. My point was that it is an amendment to an existing statute.
76.0051, Government Code;
(4) a judge or justice of a federal court, the supreme
court, the court of criminal appeals, a court of appeals, a district
court, a criminal district court, a constitutional county court, a
statutory county court, a justice court, or a municipal court who is
licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code;
(5) an honorably retired peace officer or federal
criminal investigator who holds a certificate of proficiency issued
under Section 1701.357, Occupations Code, and is carrying a photo
identification that:
(A) verifies that the officer honorably retired
after not less than 15 years of service as a commissioned officer;
and
(B) is issued by a state or local law enforcement
agency; or
(6) a district attorney, criminal district attorney,
or county attorney who is licensed to carry a concealed handgun
under Subchapter H, Chapter 411, Government Code.
(b) Section 46.02 does not apply to a person who:
Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1221,
§ 4
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as an employee of a penal
institution who is performing a security function;
Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1261,
§ 28
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);
(3) is traveling;
Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1221,
§ 4
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, if the weapon is a type commonly used in the activity;
Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1261,
§ 28
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is directly en route between the premises and the
actor's residence, if the weapon is a type commonly used in the
activity;
(5) holds a security officer commission issued by the
Texas Board of Private Investigators and Private Security Agencies,
if:
(A) the person is engaged in the performance of
the person's duties as a security officer or traveling to and from
the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(6) is carrying a concealed handgun and a valid
license issued under Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;
(7) holds a security officer commission and a personal
protection authorization issued by the Texas Board of Private
Investigators and Private Security Agencies and who is providing
personal protection under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes); or
(8) holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises.
(c) The provision of Section 46.02 prohibiting the carrying
of a club does not apply to a noncommissioned security guard at an
institution of higher education who carries a nightstick or similar
club, and who has undergone 15 hours of training in the proper use
of the club, including at least seven hours of training in the use
of the club for nonviolent restraint. For the purposes of this
subsection, "nonviolent restraint" means the use of reasonable
force, not intended and not likely to inflict bodily injury.
(d) The provisions of Section 46.02 prohibiting the
carrying of a firearm or carrying of a club do not apply to a public
security officer employed by the adjutant general under Section
431.029, Government Code, in performance of official duties or
while traveling to or from a place of duty.
(e) The provisions of Section 46.02 prohibiting the
carrying of an illegal knife do not apply to an individual carrying
a bowie knife or a sword used in a historical demonstration or in a
ceremony in which the knife or sword is significant to the
performance of the ceremony.
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Originally posted by HarrisonTX View PostI hope I don't offend you, but the ignorance on carrying a weapon lately has really started to bug me.
Originally posted by HarrisonTX View Posttraveling was NEVER defined.
"In 1997, the State Legislature tried to clarify the law by removing unlicensed carrying of a weapon as an offense while traveling. But it left unresolved whether traveling required making an overnight stop, crossing county lines or other conditions."
it was officially defined 2005 with HB 823. "The definition of "traveling," for the exemption from a charge of illegal carry under 46.15(b)(3), is this:
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. "
so falling back to what I said "If i remember correctly traveling used to be considered crossing the county line, and was a loop hole to allow the carrying of a loaded shotgun" This was a carryover from the stagecoach days and the need for having somebody to ride 'shotgun' so they could deal with bandits and Indian raiders
*edit* BTW I'm just giving ya shit because you said "I hope I don't offend you" which almost always means "I hope I offend you"Last edited by John -- '02 HAWK; 02-15-2012, 02:38 PM.
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