Author Topic: Traveling threw Texas from non reciprocity state?  (Read 7911 times)

Straydog175

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Traveling threw Texas from non reciprocity state?
« on: February 13, 2017, 11:53:41 AM »
Hello and thanks for any help. I'm unclear on the law when it comes to car carry, I am a Minnesota resident with a carry permit which is not reciprocity to Texas, where I'm confused is am I allowed to carry a concealed firearm in my car while traveling threw Texas?

kmedcalf

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Re: Traveling threw Texas from non reciprocity state?
« Reply #1 on: February 14, 2017, 08:40:18 AM »
IANAL, however under Texas Law, you may carry a firearm in your vehicle without a license under Texas Penal Code Section 46.02 with restrictions. Specifically, the weapon MUST be concealed, you may not exit the vehicle with the firearm (even if it's just to fill up at the gas station), you must not be a member of a criminal street gang, must be legally permitted to possess the weapon, and cannot be committing any  criminal activity (other than a class C traffic misdemeanor.

Here's the applicable law:

Quote
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 or watercraft 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 or watercraft that is owned by the person or under the person's control at any time in which:
      (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; 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 or boating;
         (B) prohibited by law from possessing a firearm; or
         (C) a member of a criminal street gang, as defined by Section 71.01.

Straydog175

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Re: Traveling threw Texas from non reciprocity state?
« Reply #2 on: February 14, 2017, 12:40:27 PM »
Thank you. I guess as I read it I am allowed to carry in my vehicle I just wasn't sure if I had to be a resident of Texas but there is no mention of that.

Bodeneth

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Re: Traveling threw Texas from non reciprocity state?
« Reply #3 on: June 05, 2017, 10:44:51 PM »
 IANAL either, but I agree with the other poster who said you can carry concealed in your car in texas, even tho you arent a texas resident. I dont recall seeing anywhere in that law where it says a non resident cannot carry concealed in a car. You just cant get out of the car and go in walmart or whatever.

To be honest, Im not even sure you'd get in trouble for carrying outside your car. Back when I was pondering getting a nonresident az permit, I asked a san antonio police officer how he would treat a tx resident who was carrying on a az permit. His exact words were "I dont give a shit where the persons license was issued, as long as it has some numbers on it and I can check to verify that its valid, you can carry. "

Does this mean I encourage you to carry your non reciprocal license in texas? No, it doesnt. However, what it does mean, is that Im not super sure police officers keep up with what states tx reciprocates with, or even care. Based on how he put it, I suspect most cops wont even check to see if your state and texas reciprocates. Heck, there are even several states that wont recognize a texas permit, but texas recognizes theirs. For all we know, reciprication may change back n forth so much, and we accept pretty much every state's permit, most cops dont even care what state your permit was issued in. Besides... If you are carrying concealed on texas, you wont be stopped for a license check unless you are involved in some sorta altercation. So if someone was carrying concealed in texas, they likely wont be noticed or even checked. Its pretty commonplace to see armed citizens out in public in texas. I carry, mostly concealed, but occasionally open right past police and sheriffs deputies almost daily in stores and restaurants. They dont give LTC permit holders a second glance. Evidently, people who legally carry do not look like the type to cause trouble, so police eyes stay on those who exude illegality with every breath they take.
« Last Edit: June 05, 2017, 10:55:38 PM by Bodeneth »