Texas Right To Open Carry!!! - XDTalk Forums - Your HS2000/SA-XD Information Source!

IamCPTSpalding · 06-15-2008, 07:38 AM

Hello all,

Just thought you might like to know about your right to carry a weapon in your vehicle while "traveling" might still get you a ride to jail. Yes, we all know that is a possability, but, what would happen if we had the right to open carry anywhere in the state?

Here's a link to the petition, and hopefully we can get more than a couple of sigs on there: Open Carry of Handguns in Texas Petition

I carry in my vehicle, in Texas, because I consider going to the store "traveling" with the cost of gas at $4.00. The DA has to prove it anyway, and a Federal Court countersuit for malicious prosecution just might get the gun grabber fired, so bring it!!!.

Also, in Texas, unlike Commiefornia, I have no duty to back away and let John Q. Criminal just take my property, life, or Liberty. Besides, if it were an open carry state, criminals would have alot more to worry about.

**1lowlife** · 06-15-2008, 07:45 AM

Do you have a CHL?
If so then carrying a weapon in your vehicle shouldn't be a problem.

If we did have open carry, I wouldn't do it.
Just my personal preference.
Why draw attention to yourself?

UncleBuck · 06-15-2008, 08:19 AM

Quote:

Originally Posted by 1lowlife

Do you have a CHL?
If so then carrying a weapon in your vehicle shouldn't be a problem.

If we did have open carry, I wouldn't do it.
Just my personal preference.
Why draw attention to yourself?

Exactly. Getting Texas CHL is brick simple..... that is if you qualify.

Verk · 06-15-2008, 08:23 AM

You no longer need a CHL to carry in your vehicle (see below) This change was made last year here in Texas

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").

IamCPTSpalding · 06-15-2008, 08:37 AM

Not yet. But a CHL is not the issue IMO. The legislature is saying I am a criminal for "traveling" with a loaded weapon in my vehicle.

DO I HAVE TO REMIND ANYONE HOW MANY OTM (other than Mexicans) COME INTO MY STATE BY THE HOUR??? Not to mention the (PC) undocumented workers.....cmon.

The right to self defend is mute when you are dead.

Personally, and you can run all the background check you want, I purchase weapons when I want because I am a good little citizen. Nothing to stop me because I play by the rules.

But if a guy named "Richard" wants to say, borrow the car, or my old lady for that matter, then I guess I'll have to wait for the CHL to get back to me. I just think it's funny that I have to register.... to defend my "shall not be infringed" upon right....

BTW, bad things happen to good people in the strangest of places, especially in places where weapons are banned. Hmmm..... wonder if your CHL works at the mall?

Our mall has a security guard with a flashlight hahahahahahaha!!!!

Still don't believe a CHL in Houston is gonna work in 95 degree, 90 percent humidity without giving a print/flash in my shorts, but ricky the lowlife baggy pants doesn't worry.

Back to you original, attention to myself? Who said I'm gonna brandish the thing and run around like a clown? That's the first thing that get's you arrested. Last time I fired a weapon at someone (while not employed by the USA), I was 13, and guess what, my parents home was never broke into again while they lived there for the next 22 years. I'm almost 40 now. So once, in 40 years of civilian life. Guns work. They get rid of the defective scum on the planet, and force most of that scum to leave the rest of us alone.

But I see the argument a comin.

Nice avatar!

IamCPTSpalding · 06-15-2008, 08:39 AM

Quote:

Originally Posted by UncleBuck

Exactly. Getting Texas CHL is brick simple..... that is you qualify.

I qualify, I work rotating shifts, so timing is the issue. My life, ethics, and morals are not in question. Just my rights.

TG13 · 06-15-2008, 10:33 AM

The Texas Castle Doctrine changed all the "traveling" laws..

in fact, it is legal to carry (concealed) in your vehicle..

IamCPTSpalding · 06-15-2008, 11:32 AM

Quote:

Originally Posted by TG13

The Texas Castle Doctrine changed all the "traveling" laws..

in fact, it is legal to carry (concealed) in your vehicle..

As long as the officer doesn't freak, collar you for being a gang banger, and the DA has a bad hair day/camera op. Nah, nothing to worry about.

RobFMJ · 06-15-2008, 01:17 PM

Quote:

Originally Posted by IamCPTSpalding

As long as the officer doesn't freak, collar you for being a gang banger, and the DA has a bad hair day/camera op. Nah, nothing to worry about.

That hasnt changed even though the laws have... You think its gonna change with one more law?

Not only do I not think what you propose will make a damn bit of difference, I don't think open carry is the best idea in the first place.

FLSTFI Dave · 06-15-2008, 01:26 PM

Quote:

Originally Posted by RobFMJ

That hasnt changed even though the laws have... You think its gonna change with one more law?

Not only do I not think what you propose will make a damn bit of difference, I don't think open carry is the best idea in the first place.

Exactly...

In TN, if you have a Carry permit, you can carry conceled or open.

Open carry will get you lots of hastle and un wanted attention.

You go in Wal-Mart open carry, even though it is not posted no guns, the store clerk ask you to leave becuase your scaring the customers, you must comply...So you take the wepon out to your truck and go back in and shop....Not a good idea, people now know its in your truck easy theft. Or you now have to go shop else where, both waist your time.

Citisen A sees you with a big bad gun on your side, and calls the law. Now you have 20 minutes or more with the cops, sure you get let go. But it is a waist of your time.

You now also do not have the element of surprize on the bad guy....

Out of sight out of mind, the best way if you ask me....

06-15-2008, 07:38 AM	#1
IamCPTSpalding XDTalk 100 Member Join Date: Jun 2008 Location: Houston, City of Sin, City of Sanctuary Posts: 258	Texas Right To Open Carry!!! Hello all, Just thought you might like to know about your right to carry a weapon in your vehicle while "traveling" might still get you a ride to jail. Yes, we all know that is a possability, but, what would happen if we had the right to open carry anywhere in the state? Here's a link to the petition, and hopefully we can get more than a couple of sigs on there: Open Carry of Handguns in Texas Petition I carry in my vehicle, in Texas, because I consider going to the store "traveling" with the cost of gas at $4.00. The DA has to prove it anyway, and a Federal Court countersuit for malicious prosecution just might get the gun grabber fired, so bring it!!!. Also, in Texas, unlike Commiefornia, I have no duty to back away and let John Q. Criminal just take my property, life, or Liberty. Besides, if it were an open carry state, criminals would have alot more to worry about. __________________ I am one of "those" people Obama has warned America about. "This is what extremely grieves us, that a man who never fought should determine our taxes, one who for his native land never to this day had oar, or lance, or blister in his hand." Aristophanes 400 B.C.

06-15-2008, 07:45 AM	#2
1lowlife XDTalk 2K Member Join Date: Aug 2007 Location: The Great Lone Star State Posts: 2,657	Do you have a CHL? If so then carrying a weapon in your vehicle shouldn't be a problem. If we did have open carry, I wouldn't do it. Just my personal preference. Why draw attention to yourself? __________________ Tired, tired, tired.........

06-15-2008, 08:37 AM	#5
IamCPTSpalding XDTalk 100 Member Join Date: Jun 2008 Location: Houston, City of Sin, City of Sanctuary Posts: 258	Not yet. But a CHL is not the issue IMO. The legislature is saying I am a criminal for "traveling" with a loaded weapon in my vehicle. DO I HAVE TO REMIND ANYONE HOW MANY OTM (other than Mexicans) COME INTO MY STATE BY THE HOUR??? Not to mention the (PC) undocumented workers.....cmon. The right to self defend is mute when you are dead. Personally, and you can run all the background check you want, I purchase weapons when I want because I am a good little citizen. Nothing to stop me because I play by the rules. But if a guy named "Richard" wants to say, borrow the car, or my old lady for that matter, then I guess I'll have to wait for the CHL to get back to me. I just think it's funny that I have to register.... to defend my "shall not be infringed" upon right.... BTW, bad things happen to good people in the strangest of places, especially in places where weapons are banned. Hmmm..... wonder if your CHL works at the mall? Our mall has a security guard with a flashlight hahahahahahaha!!!! Still don't believe a CHL in Houston is gonna work in 95 degree, 90 percent humidity without giving a print/flash in my shorts, but ricky the lowlife baggy pants doesn't worry. Back to you original, attention to myself? Who said I'm gonna brandish the thing and run around like a clown? That's the first thing that get's you arrested. Last time I fired a weapon at someone (while not employed by the USA), I was 13, and guess what, my parents home was never broke into again while they lived there for the next 22 years. I'm almost 40 now. So once, in 40 years of civilian life. Guns work. They get rid of the defective scum on the planet, and force most of that scum to leave the rest of us alone. But I see the argument a comin. Nice avatar! __________________ I am one of "those" people Obama has warned America about. "This is what extremely grieves us, that a man who never fought should determine our taxes, one who for his native land never to this day had oar, or lance, or blister in his hand." Aristophanes 400 B.C.

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06-15-2008, 08:23 AM	#4
Verk XDTalk 100 Member Join Date: May 2007 Location: Texas Posts: 344	You no longer need a CHL to carry in your vehicle (see below) This change was made last year here in Texas 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").

06-15-2008, 10:33 AM	#7
TG13 XDTalk 100 Member Join Date: Jan 2008 Location: Atascocita, Texas. Posts: 118	The Texas Castle Doctrine changed all the "traveling" laws.. in fact, it is legal to carry (concealed) in your vehicle..