Carrying handgun in car without CCL

[REDinSOXicated]

Hello,


I live in San Antonio, TX and I carry a loaded 9mm in the glove box of my car and I do not have my CCL yet, it was my understanding that this was legal according to Senate Bill 378 effective September 1, 2007.

I was talking to my coworkers today about this and they swore up and down this was illegal. They said it was ok to transport the gun from the range and back home but it's against the law to have it loaded and hidden 24/7.

I'm pretty sure they are wrong but it does have me wondering.

Does anyone else do this? Have you been pulled over and told the police officer you had a concealed gun with your CCL?

Thanks,

-Mike

 

[Younggun]

It's perfectly legal, as long as your not a member of a gang, committing a crime other than a traffic related class C misdemeanor, Yada yada yada.

Your coworkers probably don't own guns and obviously don't understand the law.

 

[Younggun]

Not sure if your citing the right bill for your argument though but others are better with that part.

 

[txinvestigator]

The bill was codified into the penal code. Google Texas penal code 46.02.

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 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.
*(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. (not in effect until 9-1-11)*

(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.

 

[M. Sage]

Also note that (in Texas) the State is the only entity that can make laws about firearms (except the Feds). Local government is prohibited from it, so no worry over some unknown ordinance.

 

[shooterfpga]

Also note that (in Texas) the State is the only entity that can make laws about firearms (except the Feds). Local government is prohibited from it, so no worry over some unknown ordinance.

isnt that what sa does, makes up their own firearms ordinances?

 

[REDinSOXicated]

I think I cited the bill that allows you to use deadly force if you have a concealed firearm in your vehicle without your CCL.


Also I have another question, My girlfriend drives the car without me with the handgun in the car, both the car and gun are in my name.

is it still be legal?

 

[txbass06]

The way I understood it, unless she's a gang member, doing something illegal, or has it in the seat or on the dash, she should be just fine

 

[Vaquero]

Mine stays in the vehicle. It's fine in TX and NM. In OK the chamber needs to be empty but the mag can be full and inserted.

 

[txinvestigator]

I think I cited the bill that allows you to use deadly force if you have a concealed firearm in your vehicle without your CCL.

There was no bill or law that specifies using deadly force in a vehicle, with or without a CHL. The Castle Doctrine gave a presumption of reasonable belief under certain conditions, and in specific locations.

Also I have another question, My girlfriend drives the car without me with the handgun in the car, both the car and gun are in my name.

is it still be legal?

Look up a few posts where I quoted the actual law for you. If she is in control of the car and meets the other requirements, she is fine.

 

[Dash Riprock]

I think I cited the bill that allows you to use deadly force if you have a concealed firearm in your vehicle without your CCL.


Also I have another question, My girlfriend drives the car without me with the handgun in the car, both the car and gun are in my name.

is it still be legal?

In Texas, there is no such thing as a "gun in your name".

 

[bagged02]

really. I did not know that. What is it technically called then. Gun registered under Joe Smith at xxx address

 

[Vaquero]

Registered with who?

 

[txinvestigator]

really. I did not know that. What is it technically called then. Gun registered under Joe Smith at xxx address

You are in a FREE state. We do not register guns here.

 

[Younggun]

That paper you fill out when you buy is for background check and is only kept for record by the FFL.

 

[kabob]

And if you do a face-to-face transaction, not even that. You can just hand over cash to the person you're buying from and just take it home. Even a firearms bill of sale is optional.

The way I understood it, unless she's a gang member, doing something illegal, or has it in the seat or on the dash, she should be just fine

You can have it anywhere in your car so long as the handgun isn't exposed and out in the open. Just covering it with a jacket on a seat is fine.

 

[Vaquero]

Texas and Guns. Posession is 9/10 of the law. Don't be careless.

 

[bagged02]

so.... You do not have to do any paper trail when you sale a firearm. Not like a vehicle when you sell/trade, you do a vehicle of title transfer. Im almost positive your saying no, just wanna make sure before I go on 50 years thinking this. Thanks a lot. I thought it was required as I sold a gun last year and have been worried about it since, since I did not get any paperwork at all. Thanks again guys. Glad I joined this site

 

[Dash Riprock]

so.... You do not have to do any paper trail when you sale a firearm. Not like a vehicle when you sell/trade, you do a vehicle of title transfer. Im almost positive your saying no, just wanna make sure before I go on 50 years thinking this.

We are saying no. It is perfectly legal for a private individual to sell a firearm in Texas as long as both seller and purchaser are Texas residents and the seller did not have reason to believe that the purchaser was ineligible to own a firearm. Some people like to get a bill of sale or some other documentation of the transaction, some don't, but they aren't required.

 

[kabob]

I'm in no way suggesting not to do a paper trail as a matter of reasonable course. It's not. I've bought and sold firearms rather frequently in recent years and I've never done a single transaction without either a bill of sale or a Form 4473 with my local FFL.