Can I have a pistol

Thread Tools
 
Search this Thread
 
  #16  
Old 09-16-2009 | 02:39 PM
KingRanchCoy's Avatar
Senior Member
Joined: Sep 2008
Posts: 3,480
Likes: 6
From: San Angelo, TX
Originally Posted by Micheal
Basically to answer your question. No, you can not carry it legally unless you have a consealed license. Get your consealed license it will teach you alot that you dont know and it will make it legal.
you CAN carry it in your vehicle in the state of texas as long as it is conceled. the law farther states that you can carry it on you from your vehicle to your place of bussiness and residence. I got my information from dps and it is completely legal. I carry my .40 in the console loaded.
 
  #17  
Old 09-16-2009 | 02:43 PM
ddgarcia05's Avatar
Senior Member
Joined: Oct 2007
Posts: 623
Likes: 0
From: McAllen
§ 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.
 

Last edited by ddgarcia05; 09-16-2009 at 09:38 PM.
  #18  
Old 09-16-2009 | 02:45 PM
KingRanchCoy's Avatar
Senior Member
Joined: Sep 2008
Posts: 3,480
Likes: 6
From: San Angelo, TX
2007 AMENDMENTS TO
CONCEALED HANDGUN STATUTE
AND
RELATED STATUTES*
80TH LEGISLATIVE SESSION
H.B. 1815 Traveling & Unlicensed Carry
• Allows the unlicensed carrying of a concealed handgun inside or directly en route to the person's motor vehicle.
Amends Section 46.02, Penal Code to add Subsection (a-1) and (a-2):
(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.
Amends Section 46.15(b): In pertinent part:
(b) Section 46.02 does not apply to a person who:
(2) is traveling:
(3) 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 or motor vehicle, if the weapon is a type commonly used in the activity....
Repeals Section 46.15(h), Penal Code (defining 'recreational vehicle' as a residence) and Section 46.15(i) (the "traveling presumption").
 
  #19  
Old 09-16-2009 | 02:55 PM
06xlt4x4's Avatar
Senior Member
Joined: May 2009
Posts: 730
Likes: 0
From: Durham, NC
I wouldn't. Don't you have to be 21 to be in possession of a handgun anyway?
 
  #20  
Old 09-16-2009 | 02:57 PM
Gurt's Avatar
Thread Starter
|
Suspended
Joined: Aug 2009
Posts: 33
Likes: 0
Originally Posted by Micheal
Basically to answer your question. No, you can not carry it legally unless you have a consealed license. Get your consealed license it will teach you alot that you dont know and it will make it legal.
Well its not going to be on my person. And if I was 21 I would. Being that I am only 18...
 
  #21  
Old 09-16-2009 | 03:03 PM
ddgarcia05's Avatar
Senior Member
Joined: Oct 2007
Posts: 623
Likes: 0
From: McAllen
Call your local DPS station, then ask to speak to a supervisor. Get his name and badge number while you at it. Hear what he has to say. Me personally, as a police officer, I'd probably arrest you.

Go to Officer.com and post the question there.
 
  #22  
Old 09-16-2009 | 03:44 PM
4.6 Punisher's Avatar
Senior Member
Joined: Aug 2008
Posts: 4,778
Likes: 10
From: Douglasville GA
Don't you have to be 21 to even be in possession of a handgun, unless you're being supervised by an adult?
 
  #23  
Old 09-16-2009 | 03:47 PM
FX41's Avatar
Senior Member
Joined: Jun 2007
Posts: 1,273
Likes: 2
From: Bronco Country
In Colorado your vehicle is an extension of your home, therefore you can carry a weapon in you truck without having to declare it.
 
  #24  
Old 09-16-2009 | 04:07 PM
awalkinrain's Avatar
Senior Member
Joined: May 2005
Posts: 128
Likes: 0
From: Marshall, TX
Here is the link to the Texas Department of Public Safety CHL website. It has all of the information you will need regarding the laws in Texas. If you plan to carry, regardless of your age, you need to be familiar with these. Happy reading! TXDPS CHL Website and Laws
 
  #25  
Old 09-16-2009 | 04:12 PM
NCSU_05_FX4's Avatar
Senior Member
Joined: Apr 2006
Posts: 4,120
Likes: 2
From: Lexington, KY
Why take the risk? It's not your gun (you said it was registered to your father) and you aren't old enough to own one. That in itself seems like a very good reason not to carry it in your truck. If you ever get pulled for anything, you must declare that you have a firearm in the vehicle. If you don't and the police find it, you're in for some trouble.

- NCSU
 
  #26  
Old 09-16-2009 | 04:25 PM
Justin_w32's Avatar
Senior Member
Joined: Apr 2009
Posts: 705
Likes: 0
From: Texas
Originally Posted by 4.6 Punisher
Don't you have to be 21 to even be in possession of a handgun, unless you're being supervised by an adult?
That's what I always thought but look at it this way he will have interesting storys to tell when police hassle him about it in a search. I never got into any trouble as a teen but just looking young, having a friend in the truck with you or late at night and your asking to get searched if your pulled over. Like I said I never got into trouble just normal traffic stops and Ive had my truck searched several times. I really would suggest to save yourself some trouble if you have doubts about having it don't do it. But your young a little jail time might build character. lol
 
  #27  
Old 09-16-2009 | 04:34 PM
Oxlander's Avatar
Senior Member
Joined: Jan 2005
Posts: 599
Likes: 0
From: Marshall, Tx
Originally Posted by Gurt
Yeah I am in Texas. I attend Texas a&m. I dont drive to campus so that isnt a problem. But going on road trips to football games and stuff I would like to carry it in my truck.
Yes and No.

Yes, you being the age of majority are allowed to possess a handgun in your vehicle while "traveling" in the great state of Texas.
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.

(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. http://www.statutes.legis.state.tx.u...E.46.htm#46.02
No, you are not allowed to have that weapon in your vehicle at a high school/college football game as it is a violation of the state’s firearms laws that occurs on premises where a school function is taking place.
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;

http://www.statutes.legis.state.tx.u...E.46.htm#46.03
 
  #28  
Old 09-16-2009 | 04:49 PM
Gurt's Avatar
Thread Starter
|
Suspended
Joined: Aug 2009
Posts: 33
Likes: 0
Originally Posted by ddgarcia05
Me personally, as a police officer, I'd probably arrest you.
You are the reason why officers have a bad name. You just said it was legal, but you are still going to arrest me? For what? On what grounds? Just because you can?


Most games offer a park and ride service to the field. It will stay locked in my truck there. Its not going to be with me at the games, field, tail gating, etc.

If I do get pulled over and asked if I have a weapon I will tell them yes. Im not going to lie. And dont participate in illegal activity. Im not going to allow an officer to randomly search my vehical just because he wants too.

So what I have learned so far is that there is nothing that states that I cant carry a handgun in my truck. I will probably print out those penal codes and keep them in my truck for reference. I shouldnt have a problem unless I am lucky enough to meet up with a cop on a power trip who has a stick up his ***. Even then I wouldnt be charged with anything. May get taken in, but that is as far as it would go.
 
  #29  
Old 09-16-2009 | 04:50 PM
Oxlander's Avatar
Senior Member
Joined: Jan 2005
Posts: 599
Likes: 0
From: Marshall, Tx
Originally Posted by NCSU_05_FX4
Why take the risk? It's not your gun (you said it was registered to your father) and you aren't old enough to own one. That in itself seems like a very good reason not to carry it in your truck. If you ever get pulled for anything, you must declare that you have a firearm in the vehicle. If you don't and the police find it, you're in for some trouble.

- NCSU
In Texas, he is old enough to own a handgun.

Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:

(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;

(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;

http://www.statutes.legis.state.tx.u...E.46.htm#46.06
 
  #30  
Old 09-16-2009 | 04:58 PM
Oxlander's Avatar
Senior Member
Joined: Jan 2005
Posts: 599
Likes: 0
From: Marshall, Tx
Originally Posted by ddgarcia05
Call your local DPS station, then ask to speak to a supervisor. Get his name and badge number while you at it. Hear what he has to say. Me personally, as a police officer, I'd probably arrest you.

Go to Officer.com and post the question there.
And you, as a police officer, who was sworn to uphold the laws of the state of Texas and the US Constitution would be in violation and subject to litigation. The powers bestowed to law enforcement are not limitless.
 


Quick Reply: Can I have a pistol



All times are GMT -4. The time now is 03:29 PM.