Author Topic: "Traveling" Non-applicability for open carry in car  (Read 3269 times)

BjornF16

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"Traveling" Non-applicability for open carry in car
« on: September 27, 2014, 03:26:29 PM »
Texas PC 46.02, a-1 (1) indicates a person who 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

However, PC 46.15, b (2) indicates that "Section 46.02 does not apply to a person who is traveling".

Q: Can I travel in my car with my handgun in a holster under the steering wheel which would be "visible" if someone (e.g. a peace officer) came to the drivers/passenger windows when stopped?

If I cannot, then what is the purpose of PC 46.15, b(2)?

If I can, then what circumstances does PC 46.02, a-1(1) apply to?

Thanks

P.S. I fully realize that if pulled over, I could simply "conceal" the gun...
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

switch

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Re: "Traveling" Non-applicability for open carry in car
« Reply #1 on: October 01, 2014, 06:19:32 AM »
DPS taught my first instructor class that concealed meant not open to normal viewing - ie. on the dash - bad, laying on the seat - good.  I'd say in a holster under the dash is good.  OTOH, the LEO at the window might take a different position.  I'd not want to have to litigate this.  I recommend throwing a towel or jacket over the gun in the seat.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: "Traveling" Non-applicability for open carry in car
« Reply #2 on: October 02, 2014, 01:09:09 PM »
BjornF16,

46.02(a-1) states:

A person commits an offense if….carries on or about his person a handgun in a motor vehicle …. that is in plain view.

This means that it is unlawful for a person to open carry a handgun while in their motor vehicle. While in a motor vehicle, with or without a CHL, a handgun must be concealed. It is a crime if the handgun is in plain view.

46.15 is the non-applicability statute.  Specifically (b)(2) is an old law. Prior to 46.02, a person could keep a handgun in their vehicle as long as a person was traveling. The word traveling was never defined, and judges interpreted the term differently. With today’s TPC 46.02, there is no need to be traveling in order to lawfully keep a concealed handgun in your motor vehicle. I am not sure why the Texas Legislature has not completely deleted the traveling language from 46.15.

Thank you for your question
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »