Thanks Spktyr. I placed a pistol back into my car today, strictly for self defense. We have many illegal aliens in this area who are becoming very testy due to the shortage of work. However, in my own research, I found that Harris County (Houston, TX) officers have been instructed to ignore the new law and if they discover a handgun, regardless of the “traveling” clarification. This article:
http://gritsforbreakfast.blogspot.com/2005/09/texas-new-carry-law-what-does-it-mean.html
best captured what I found on the complexity of Texas’ new law. Two principles seem to apply. First, you can beat the rap but not the ride. Secondly, you’ll prevent a shitload of aggravation by keeping your license up to date (which I obviously have not). My daughter plans to remedy the latter problem for both of us this summer. Here’s the salient paragraph from that article:
...So the Legislature passed HB 823 creating a “presumption” that the driver is “traveling” unless one of five things is true: (a) the weapon is in plain view, (b) the defendant is a convicted felon, (c) it’s a public, not a personal vehicle, (d) the defendant committed a Class B misdemeanor or worse, or (e) the defendant is a gang-banger. (Conflict alert: I testified at the hearings in both chambers in favor of the bill on behalf of ACLU of Texas.)...
Predictably, it was Houston (Harris County) that chose to defy the new interpretation and continued to run toters in. It’s disappointing that law enforcement and the judiciary continue to disobey the law. Even with a license, we’re at risk for the ride. thx. Tom
Better judged by twelve than carried by six.
That said, the Harris County DA has NOT been prosecuting such cases as they know they won’t win. They offer plea bargains and such for lesser charges instead, and if the person won’t take the deal they string it out for months and then eventually drop the case.
It’s the same deal with San Antonio. SA has a law against carrying of long arms within the city limits. It’s never actually fully prosecuted because they *know* that if they go to trial on it they’re going to lose AND have a huge civil rights judgement lodged against them. Houston has had it happen already:
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=5th&navby=docket&no=9820497CV0
Also, something to consider in terms of the car gun. You should have something low maintenance, highly rust resistant and preferably polymer framed if you live someplace like Harris County where they’re going to take you for a ride despite the law. Over and above the fact that a car’s environment isn’t great for a firearm, if you get taken for a ride, the police will confiscate your weapon, test fire it at least two or three times, and then “store” it in a box, uncleaned, for as long as it takes to “resolve” your case. In the case of a vindictive PD or DA, they may even “lose” your gun - so don’t use something with significant emotional or collector value.
Finally, places like Houston/Harris County just don’t seem to learn. They’re eventually going to slip up, the case is going to make it to trial, they’re going to lose and be on the losing end of a civil rights violation suit again.