Where can I find Texas Gun law Info? (Vanity question)

self | 23SEP11 | self

[Marie]

My son is 18 and just got a job as a delivery driver for a restaurant. The owner recommended that he carry a weapon when he goes on deliveries. He called the local sheriff and asked if he could carry a shotgun in his car for the deliveries and the sheriff told him that it was fine as long as it was completely concealed.

Does anyone know where I can find the Texas gun statutes that break this down? I really want to find something that I can print off for him to carry in the glove box - just in case there's a misunderstanding between him and a cop if he does get pulled over.

[Marie]

Information, experiences, words of warning...?

I really wish he were old enough for his CCL.

[NoControllingLegalAuthority]

Here is a summary of Texas gun law:

1. Pull a gun on someone in Texas.

2. Die.

[mnehring]

Why right here on Free Republic
http://www.freerepublic.com/focus/f-chat/1893234/posts

[mnehring]

The full bill.
http://www.legis.state.tx.us/tlodocs/80R/billtext/html/HB01815I.htm

May want to have him print it out and keep with him.

[DrewsMum]

This is so weird, I just thought about posting this same vanity....I saw some TX laws posted at a gun show recently and can not find them online... they were much more lenient than I thought.....like you don’t need a CL license for many places u go.....????? I believe I remember that....because I was surprised...

[Marie]

Asked and answered! You guys rock. Thank you.

[HiTech RedNeck]

It’s Texas — you’d sure think they’d all know.

A shotgun in the trunk won’t do a lot of good if he gets accosted while driving and surely he isn’t expected to take the shotgun along with the pizza to every household. Can he carry an imitation gun in the passenger compartment itself? (Usually an attacker who sees one will not wait to check it out, but will flee.)

[Marie]

I believe he has to be 21 to carry a handgun in Texas unless he’s a member of the military. (he’s not)

[Marie]

Here's the best info i can find on that topic:

"Texas has no laws regarding possession of handguns, shotguns, or rifles by persons 18 years or older without felony convictions; a rifle, shotgun, or other long-barreled firearm may be carried openly, however, a permit to carry is required for handguns (issued only to those 21 and older), and they must be concealed.

"However, to PURCHASE a handgun, you must be 21 or older in every state, per federal law in order to purchase from a federally licensed dealer. You can, however, purchase a handgun at 18 in a private sale."

[HiTech RedNeck]

Perhaps if he’s going into dangerous areas, a partner “riding shotgun” (pun intended) may make sense. This can’t be the first time the restauranteur has run into this issue either — is he advising Texas kids to do what they legally can’t?

[Marie]

The sheriff agreed with the boss that it’s legal for anyone over the age of 18 to carry a concealed long gun in their vehicle without a permit. I just wanted to confirm that before I gave the OK. I’d hate for things to get stupid at a simple traffic stop.

[HiTech RedNeck]

That it needs to be in the trunk (if it does) makes it sort of useless, unless the driver when accosted can pull a ruse “excuse me, the money’s in the trunk... let me get it... SURPRISE!” A long gun in the passenger compartment could be used, even if a bit awkwardly.

[Citizen Tom Paine]

Call the National Rifle Association. They will answer questions.

[calex59]

I don’t know texas law but in california it is considered impossible to conceal a rifle or shotgun therefore you can carry them openly in your vehicle. They do have to be unloaded, but a double shotgun can be loaded pretty fast. Go online and search Texas Gun Laws, it has worked for me in every state I have ever tried it on, probably work for Texas also.

[calex59]

Here is what I found by going online:

Vehicle carry and transportation: unlicensed individuals and non-residents may not carry handguns on or about their persons while in a vehicle. loaded rifles and shotguns may be carried in plain view or in a case

Hope this helps. The above is a synopsis of Texas law.

[Deaf Smith]

" I’d hate for things to get stupid at a simple traffic stop."

Never declare anything a weapon if asked: *Any weapons in the vehicle or on you?*

Even if searched and a shotgun is discovered and he has a pocket knife on him, they are not weapons as long as he did not declare them as such and did not use them as such.

Anything you say CAN and WILL be used against you.

[TStro]

I have a Texas CCL. You can carry concealed in your vehicle any time without a license. You are not allowed on school property with a gun in your vehicle without a CCL, so don’t go into a school parking lot. I would suggest a handgun, as I’ve tried to get a 30-30 rifle into action in a vehicle. Can’t do it if you’re in the driver’s seat, and someone standing at your window will kill you while you’re wrestling with it. He can put the handgun under a towel or in a console to keep it at hand. Hope he doesn’t ever have to use it. I carry a .45 in a fanny pack hanging on the passenger headrest. Plus one in the console and a .380 in my pocket. Can’t be too careful.

[FortWorthPatriot]

”You can carry concealed in your vehicle any time without a license. You are not allowed on school property with a gun in your vehicle without a CCL, so don’t go into a school parking lot.”

I also possess a Texas CHL and agree that you can carry a handgun concealed in your vehicle at any time without a CHL. However, I am not sure you are 100% correct about Texans without CHLs carrying handguns concealed in their vehicles on a school parking lot.

According to §46.03 of the Texas Penal Code (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;

Further down in this Section we get the definition of “premises:”

(c) In this section:

(1) "Premises" has the meaning assigned by Section 46.035.

Penal Code Section §46.035 (UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER), Subsection (f)(3) reads:

(f) In this section:

(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

So if the term “premises” in §46.03 has the same meaning as in §46.035, I interpret the law to mean that anyone with a handgun concealed (with or without a valid Texas CHL) in their vehicle may drive onto a school parking lot. But they may not enter any of the school building(s) with a handgun.

Just a thought. Any FReepers who are CHL Instructors please let me know whether or not I am interpreting this correctly.

Thanks.

[willyd]

He can carry concealed in his car. You have to be 21 to get your CHL and purchase a pistol...but you can carry it concealed without a CHL in your vehicle according to this:

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.

[willyd]

You are correct...premises means inside the building...not including the parking lot.