What are the gun laws in TX?

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Old 04-25-2006, 01:29 PM
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Default What are the gun laws in TX?

I used to have a concealed permit for FL, but it expired a while back. How do I get one here in TX ( I'm military so its usually painless), and what are the carrying laws if you don't have a permit. i.e. How do I legally get a pistol from point A-B in town. And this is just me being ignorant about TX, but isn't there an open carry law. As long as the firearm openly displayed can't you just walk around with it as long as you avoid the normal places (Bars, Polling Places etc). Thanks for the info.
Old 04-25-2006, 02:05 PM
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Originally Posted by 98LS-WON
I used to have a concealed permit for FL, but it expired a while back. How do I get one here in TX ( I'm military so its usually painless), and what are the carrying laws if you don't have a permit. i.e. How do I legally get a pistol from point A-B in town. And this is just me being ignorant about TX, but isn't there an open carry law. As long as the firearm openly displayed can't you just walk around with it as long as you avoid the normal places (Bars, Polling Places etc). Thanks for the info.
you need to take an approved safety class to get a CHL. most of the places that offer the class are a 'one stop shop' that will handle all the necessary paperwork.

permit is only for concealed carry. you may transport an unloaded firearm at will without one. it should be in your trunk, or if you dont have a trunk, it should be out of reach. there is no trigger lock law in TX, with the exceptoin being that you simply cannot 'make a firearm available to a minor'. you also do not need a CHL to purchase a firearm or ammo. only need a valid driver's license and pass the NICS check for firearm purchases

EDIT: you may also carry concealed in an RV, because that is considered equivalent to your 'home'. also, you may carry a loaded firearm without a permit when 'traveling' in a vehicle, but there is much debate as to the interpretation of what 'traveling' means. i say just get the permit, cuz they are easy enough to get.
Old 04-25-2006, 02:24 PM
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we have gun laws?
Old 04-25-2006, 02:29 PM
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Originally Posted by Chadder
we have gun laws?
no ****!!! when i took my safety class, they said that TX has amongst the STRICTEST gun laws in the country, that is why our permit is accepted by so many other states. compared to MA, TX has NO gun laws . makes me afraid to see what some of those other states are like!
Old 04-25-2006, 02:36 PM
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Originally Posted by slayer_taunu

EDIT: you may also carry concealed in an RV, because that is considered equivalent to your 'home'. also, you may carry a loaded firearm without a permit when 'traveling' in a vehicle, but there is much debate as to the interpretation of what 'traveling' means. i say just get the permit, cuz they are easy enough to get.
I've been researching and this is exactly what I was wondering about. I guess the CWP is the safest bet. Thanks
Old 04-25-2006, 03:12 PM
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There is NO open carry in Texas. If your military,and you have qualified with a pistol, and have records of that, then the only thing you wont have to do is the qualification during the class (which is the fun part really), and its so damn easy, that if you cant do it you shouldnt be carrying anyways.

The class is mandatory 10hrs. Add on to that the pistol qualification time. Pay for the class, take it with a semi auto, so that your license will allow you to carry both semi and revolver (if you qualify with a revolver, thats all youll be allowed to carry), then send in your paperwork to the state along with $140 and sit back and wait.

As far as carrying from point A-B, you dont need a license to do that. Otherwise anyone without a license buying a pistol would be a criminal just for taking it home, or to the range. The handgun cannot be easily accessable/reachable. Meaning, you could put it in your trunk. You could drive around town with it in your trunk, legally. But obviously it wouldnt do you any good if you needed it.

If you want to know specifics on where you can/cant go with a concealed handgun, go to http://www.packing.org
Old 04-25-2006, 03:23 PM
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Exactly like SJ says....

CHL is the best way to go. Just be sure not to carry it into anyplace that has posted signs prohibiting enterence w/ a CH gun. Due to the laws being what they are (i.e. loose) alot of PD's and the State will definately prosecute for violation of these laws.

Good luck, CHL course is a snap. I sent my wife through it for a Christmas present....she wanted it...Really....lol

Kev
Old 04-25-2006, 03:32 PM
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"Traveling" defined at last, almost, after more than 125 years
HB 823 -- Amends Penal Code 2.05, 46.15

Analysts at the NRA, along with the Texas State Rifle Association’s Legislative Committee describe these two new amendments this way:

“Texas H.B. 823 prevents the police from routinely arresting a law-abiding person who is transporting a concealed pistol in his motor vehicle. This is accomplished by clothing a law-abiding person with the presumption of being a traveler. The traveler presumption may be rebutted by the state by presenting proof beyond a reasonable doubt. In plain terms, a law-abiding person should have no problem transporting his pistol in a motor vehicle provided the pistol is concealed.”

The definition of "traveling," for the exemption from a charge of illegal carry under 46.15(b)(3), is this:

A person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.

NRA short version (6/05):
“Legalizes the carrying of concealed handguns in private vehicles without a CHL.”

This site has some good info, including the above.
http://www.gunlaws.com/tgogup3.htm
Old 04-25-2006, 09:42 PM
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Originally Posted by MOBE
"Traveling" defined at last, almost, after more than 125 years
HB 823 -- Amends Penal Code 2.05, 46.15

Analysts at the NRA, along with the Texas State Rifle Association’s Legislative Committee describe these two new amendments this way:

“Texas H.B. 823 prevents the police from routinely arresting a law-abiding person who is transporting a concealed pistol in his motor vehicle. This is accomplished by clothing a law-abiding person with the presumption of being a traveler. The traveler presumption may be rebutted by the state by presenting proof beyond a reasonable doubt. In plain terms, a law-abiding person should have no problem transporting his pistol in a motor vehicle provided the pistol is concealed.”

The definition of "traveling," for the exemption from a charge of illegal carry under 46.15(b)(3), is this:

A person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.

NRA short version (6/05):
“Legalizes the carrying of concealed handguns in private vehicles without a CHL.”

This site has some good info, including the above.
http://www.gunlaws.com/tgogup3.htm
True, but this is just a defense to prosecution. You can still be arrested and charged with UCW and all of the headaches that are involved with going to jail. Then the prosecutor has to prove that you weren't "travelling". It's best to get a CHL and keep the pistol in the glovbox, etc. where it's out of your immediate reach, but where you can still get to it in time if the hits the fan..
Old 04-25-2006, 09:54 PM
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Hows the test? Last time I was in a range I briefly looked at the CHL test rules, but then my soon-to-be-bro in law said "wanna shoot my new .40S&W?" So i didn't read it all.
Old 05-01-2006, 02:39 PM
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Originally Posted by lo_jack
Hows the test? Last time I was in a range I briefly looked at the CHL test rules, but then my soon-to-be-bro in law said "wanna shoot my new .40S&W?" So i didn't read it all.
if you have been shooting a bunch of times already, and you have some common sense, you could probably pass the test based on your basic knowledge of firearms. just like the written part of the driving test, the answer is pretty much always the 'safest sounding' answer. and since you have to take a class anyways, there is like a 0% chance of not passing the test.
Old 06-20-2006, 11:58 PM
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One of the laws i like is how businesses have to have the regulation sign in order to legally stop you from carrying. The regulation sign is in 1" block letters and says "in accordance with penal code 36.06 blah blah blah" in both english and spanish. If you've ever seen the actual sign, which i've only seen one, its pretty big.
Old 06-21-2006, 06:31 AM
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Don't forget the 51 rule. If an establishment makes 51% or more of their revenue from the sale of alcohol, you can't carry in there. So bars and clubs are out if your carrying, and like K9Kev said, there are a lot of cops who will definately bust you on this one. But it's not a big deal, because you shouldn't even think about touching alcohol while carrying (good common sense and against the law ).

Tom
Old 06-21-2006, 08:36 AM
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The test is pretty easy, I took the class back in March. I scored 249 out of a possible 250 on the range. There were women there who had never fired a pistol before. They passed first try. Some guy failed first try and had to do it again. Its almost a joke its so easy. The state took the entire 60 days to process my application, so the entire thing....signing up for the course, taking the course, waiting on the certificate, sending in the app, and actually receiving the license took almost 4 months.
Old 06-21-2006, 09:34 AM
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How old do you have to be in texas?
Old 06-21-2006, 09:51 AM
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you have to be 21 to get the licence but you can take the class and the test before then.

But it's not a big deal, because you shouldn't even think about touching alcohol while carrying (good common sense and against the law ).
its been several years snce i took the class so im not 100% fresh on my info but i belive that is inncorrect. im pretty sure the same laws for drinking and driving apply to carrying. IE: dont blow above .08 (it is .08 right??)

I dont drink at all while carrying. if you do have a drink or 2 and are under .08 and you shoot someone you may be ok criminally but im sure your going to get screwed in civil court.

brook
Old 06-21-2006, 11:17 AM
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THERE IS NO BAC LEVEL IF YOU ARE A CHL HOLDER WITH A LOADED WEAPON ON YOUR PERSON.

That means if you blow and it registers any amount, you can be prosecuted.
Old 06-21-2006, 11:25 AM
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Originally Posted by SilverSierra
THERE IS NO BAC LEVEL IF YOU ARE A CHL HOLDER WITH A LOADED WEAPON ON YOUR PERSON.

That means if you blow and it registers any amount, you can be prosecuted.
Yep. Any at all and you're done.

Tom
Old 06-21-2006, 12:41 PM
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THERE IS NO BAC LEVEL IF YOU ARE A CHL HOLDER WITH A LOADED WEAPON ON YOUR PERSON.
that wasnt what i heard, but then this was a few years ago and i wasnt going to drink at all while i carry.

can yall show me where it says 0% ? what part of the book?
Old 06-21-2006, 01:05 PM
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Originally Posted by Squirrelmaster
Don't forget the 51 rule. If an establishment makes 51% or more of their revenue from the sale of alcohol, you can't carry in there. So bars and clubs are out if your carrying,
look for the 51% sign though. some 'pubs' are more resturaunt than bar. an example of this is the Angry Dog in deep ellum, dallas.



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