Carrying a handgun while traveling - Found something interesting

[Chili]

I was digging around in the penal code for who knows what (one of those following the rabbit things) and came across something that I thought was interesting.

I assume we all know that we can carry a handgun in our car, without a CHL, as long as we are not committing a crime, in a gang, or otherwise prohibited from possession. I also had the understanding that the firearm must be concealed, as per Sec. 46.02:

(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 or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view;

But today I came across Sec. 46.15. NONAPPLICABILITY, and found buried down a bit:

(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution;
(2) is traveling;

So the way I am reading that is that if you are "traveling", you don't actually have to conceal the handgun in your vehicle.

Not that I plan to do it. I am just guessing that is a missed loophole.

[LANTIRN]

I am guessing trying it would cost you money with a lawyer to defeat in court. Or it will get you beaten and tazzed, choked out, and your dog shot.

[Chili]

I am guessing trying it would cost you money with a lawyer to defeat in court. Or it will get you beaten and tazzed, choked out, and your dog shot.

Oh, I'm sure that's highly possible. And I do not plan on being the test case. lol

[ceyko]

Hmmmm, did not realize "watercraft" fell under that either. Keep a 22 pistol for the next time I catch a gar. "It was attacking me!"

[GhostTX]

I wouldn't want to be the test case, but reading 46.15(b)(3) as well, sounds like you can OC from your car, to your car, driving in your car and then walking to the range/field if you were going to a IDPA event or hunting...all without a CHL.

[BP]

If you are carrying a handgun in plain view you aren't considered to be travelling as per section 46.15, even in your POV it needs to be concealed.

SECTION 1. Section 46.15, Penal Code, is amended by adding
Subsection (i) to read as follows:
(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.

[Chili]

If you are carrying a handgun in plain view you aren't considered to be travelling as per section 46.15, even in your POV it needs to be concealed.

SECTION 1. Section 46.15, Penal Code, is amended by adding
Subsection (i) to read as follows:
(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.

Aha! I figured there had to be something I was missing. I briefly looked for the "traveling" definition but didn't find anything. Exactly why I wasn't planning on testing it.

[YALE]

The other part might be an older law. It's hard to remove dead wood sometimes. The Texas Legislature doesn't get a lot of time to work on anything.

[GhostTX]

Nice, BP.

[likeitfast55]

Stopped by Louisiana State Trooper on I10 between Baton Rouge and Lafayette. Speeding........yea yea yea. Received a ticket......right on my front seat in my truck was my 870 with pistol grip. Trooper saw it and remarked.."nice gun". I always thought traveling was ok to let a gun sit on front seat. (Plain view) I guess not.

[YALE]

Stopped by Louisiana State Trooper on I10 between Baton Rouge and Lafayette. Speeding........yea yea yea. Received a ticket......right on my front seat in my truck was my 870 with pistol grip. Trooper saw it and remarked.."nice gun". I always thought traveling was ok to let a gun sit on front seat. (Plain view) I guess not.

That's still a longgun, and in Louisiana.

[Chili]

Wait, I think you may be off BP.. I was confused why I couldn't see that in the code. Just noticed this:

(i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(2), eff. September 1, 2007.

So, subsection i that was added on HB 823 in 2005 was then repealed in 2007 and they did not replace it.

The problem once again exists, that "traveling" is not otherwise defined.

The fact that it wasn't defined in the first place is why subsection i was added in 2005. Then, when 46.02 was rewritten in 2007, they just flat out repealed that definition as it was, in theory, no longer needed.

So, I think I am still right.

[Chili]

Stopped by Louisiana State Trooper on I10 between Baton Rouge and Lafayette. Speeding........yea yea yea. Received a ticket......right on my front seat in my truck was my 870 with pistol grip. Trooper saw it and remarked.."nice gun". I always thought traveling was ok to let a gun sit on front seat. (Plain view) I guess not.

Long guns are not covered in 46.02 (as for Texas).

Some states allow car carry but REQUIRE the pistol to be in plain view.. Funny how much states can differ.

[Chili]

Wait, I think you may be off BP.. I was confused why I couldn't see that in the code. Just noticed this:



So, subsection i that was added on HB 823 in 2005 was then repealed in 2007 and they did not replace it.

The problem once again exists, that "traveling" is not otherwise defined.

The fact that it wasn't defined in the first place is why subsection i was added in 2005. Then, when 46.02 was rewritten in 2007, they just flat out repealed that definition as it was, in theory, no longer needed.

So, I think I am still right.

Shit.. Now I am arguing with myself, and am wrong once again.

The rewrite of 46.02 in 2007 added the "plain view" text:

Sec. 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 or watercraft 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 or watercraft 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 or boating;

At least I am not wrong because of why BP said. lol

Now I know why I shouldn't be a lawyer.

[jefehbk]

So I don't have chl yet...but I carry a pistol in my truck with me in the center console. Am I in violation? Cliff notes please.