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Discussion Starter #1
I tried finding my old post before reposting, also searched on the subject.

I am heading from Houston to Wimberley, west of Austin. It is almost 3hr drive and I will be there all week. My permit has not come in yet from the state. Can I travel with my XD in the console? I drive an excursion with captain seats and a center console.

Should it not even be in the truck?
Can it be in the truck but in the back?
Can it be in the console with the clip out?
Can it be in the console with the clip in?

I can't tell from reading the laws cause they say its still pretty vague. I don't anticipate needing it, but you know the deal.

Thanks for any accurate feedback regarding this post. Especially from a LEO.
 

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The 'travelling' exception to the Unlawful Carrying of a Weapon statute in Texas is a tricky one. The general rule from case law I believe is that you have to cross two county lines within a twenty-four hour period. This is a guideline however, and will not prevent you from possibly being arrested should a LEO find out you have a gun on your person. If you decide to use the travelling clause my advice would be to keep it concealed and since you are not carrying under authority of CHL, do not inform LEO that you have it unless they specifically ask you.
 

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I believe if it is anywhere in the cab then it is considered on your person. If you put it in the back of the truck, like in a lockbox, I think you'd be ok.
 

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Discussion Starter #5
thanks. It'll sure be handy when my permit comes in.

Anyone from TX tell how long it takes? I tested and submitted about 4 weeks ago.


Thanks for the feedback!
 

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My understanding unless something has changed in the state of Texas is as follows. Unless you are liscensed, it is illegal to have a loaded handgun within reach. It should be unloaded, out of reach(in trunk/rear of vehicle) and stored separately from ammo. Having a loaded magazine out of the gun is not considered an unloaded gun. The old gun while traveling tale is a defense to prosecution and is probably not as likely to be overlooked by leo's now that shall issue has provided a legal option.
 

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Bubstang said:
Anyone from TX tell how long it takes? I tested and submitted about 4 weeks ago.
I'm in the exact same boat. We are supposed to get a PIN pretty soon in the mail so we can check the status of the application online. By my reckoning of what I've read from others, we are probably halfway through our waiting. :?

Oh well, patience!
 

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Anyone from TX tell how long it takes? I tested and submitted about 4 weeks ago.
My experience and what I've heard from others who've gotten a lisc. It will be mailed out 90 days after they received the packet. Think you can still check the status of the app. on the DPS web site. Check the date they say it came in, then it will say they are working on it (this status will not change till they send the lisc) check that date, add 90 days figure 2 to 3 days for US mail to get it to you and there you are. If the 90 days happens to be on a weekend, then start the mail from the Monday afterward.

As far as carrying in a vehicle while waiting, from a leagal point of view, don't. Though another question could be how often do you get stopped? If traveling w/gun, don't speed, obey all traffic laws, you should be fine. If stopped... DPS will ask if you have any illegal drugs or weapons in the car, the answer is no, a hand gun is not an illegal weapon, just because you don't have a CCL. Best advice is have the gun empty and cased away from your or any other person in the vehicle's reach. The whole "while traveling" thing is open to the interp. of the officer who finds the gun. Right now in the cities you will probably loose the gun, in very rual counties less of an issue, unless they don't like your "look" bottom line it is up to the whim of the officer. I've worked w/varioius police and sheriffs for the last 30 years, they have different opinions about armed individuals, some are good to go, others think it is a bad idea. This has been a long response to say it all depends.

A lot of folks get a CCL just to be able to legaly carry while driving.

Lock the gun up, have a safe trip.
 

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Bubstang said:
thanks. It'll sure be handy when my permit comes in.

Anyone from TX tell how long it takes? I tested and submitted about 4 weeks ago.


Thanks for the feedback!
It took about 45 days from the day I mailed mine in until I had my CHL in hand.
 

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Discussion Starter #10
Thanks folks. That was a great response 355. I am a business guy, dress nice, act nice, respect the law folks, drive a nice vehicle and haven't been stopped in years. Just trying to do whats right and safe.

Thanks again for all the feedback!
 

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Bubstang said:
thanks. It'll sure be handy when my permit comes in.

Anyone from TX tell how long it takes? I tested and submitted about 4 weeks ago.


Thanks for the feedback!

They have 90 days to find a reason to deny you, and can extend that by another (I think) 90 days if they want to. In my case they did. It took them approximately FOREVER to finally, reluctantly, decide that I was acceptable.

(At least that was the case several years ago. The rules may have changed, but I wouldn't bet on it.)
 

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I'm not familiar with Texas law, but the federal regulation (ATF) regarding travel across state lines is as such:

Federal law provides a person, who is not prohibited by the GCA from receiving or transporting firearms, the right to transport a firearm under certain conditions, notwithstanding state or local law to the contrary. The firearms must be unloaded and in a locked trunk or, in a vehicle lacking a trunk, in a locked container other than the glove compartment or console. Also, the carrying and possession must be lawful at the place of origin and destination. [18 U. S. C. 926A, 27 CFR 178.38]
 

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why risk it?
 

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I'd put it out of reach, and not worry about it. How many DPS guys search every car they pull over? It's Texas, half the people have a loaded gun somewhere in their car. I think you're being paranoid.
 

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jnclement said:
I'd put it out of reach, and not worry about it. How many DPS guys search every car they pull over? It's Texas, half the people have a loaded gun somewhere in their car. I think you're being paranoid.

Over the last few years three of my mother's friends (we're talking older women, 60s and up) have driven from Texas up to Canada. (Three seperate trips, not all traveling together, in case I'm not being clear.) Each time the Canadian customs officers saw the Texas plates on the cars and asked, "Where's the gun?" And proceeded to search the vehicle.

At the Canadian border they assume every car with a Texas plate has a gun in it, even if it's driven by a mild-mannered little old lady.

The real irony in this case is that the old ladies WERE packing... but the Canadians didn't find the guns. 8)
 

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Hey, Bubstang.
For what it's worth, when I went through my CHL course, my instructor said that when Texas passed the CHL laws they revoked the 'three-county' rule. I never looked into it further, well...because I had my CHL.
You may want to look here for a better answer...
TexasCHL_Forum
 

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orc4hire said:
jnclement said:
I'd put it out of reach, and not worry about it. How many DPS guys search every car they pull over? It's Texas, half the people have a loaded gun somewhere in their car. I think you're being paranoid.

...

The real irony in this case is that the old ladies WERE packing... but the Canadians didn't find the guns. 8)
Hehehehe...

brad cook
 

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I wouldn't count on any laws saving you from being arrested if the LEO wants to. I don't think you have to worry all that much outside of the big cities but it's your risk. I've heard that some state representatives are trying to work up a bill to establish a clear traveling clause for those without a CHL.

My CHL took less than 30 days to get back. That was 2 years ago.

brad cook
 

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orc4hire said:

At the Canadian border they assume every car with a Texas plate has a gun in it, even if it's driven by a mild-mannered little old lady.

The real irony in this case is that the old ladies WERE packing... but the Canadians didn't find the guns. 8)
I have a mi cpl and always wonder about that haven't been to can. lately but when i do go i drive threw detroit a good reason to have a gun that is to funny :lol: can some one tell me how to use this quote thing i always screw it up
 

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By law the DPS has 60 days to process your license.

If you want to play safe while traveling with a gun keep the pistol seperate from the ammo with at least one of them located in a place where you cannot get to it while you are driving. Don't tell anyone about the gun unless they are going to search your car. If they are going to search your car then tell them where it is before they start the search. The travel laws in Texas were made for lawyers. They were written by lawyers for lawyers and contain no useful information.
 
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