Texas "Traveling" Law

[Genghis]

I happen to be a lawyer, but this info is being provided as a public service and not as legal advice. Consult your own attorney before taking any action relying on this law.

Since Reconstruction, Texas has generally prohibited people from carrying pistols. There has been an exception for people who are "traveling." The problem is that the Legislature has never made any effort to define the term until relatively recently. The courts have steadfastly refused to define the term. As a result, the only way to find out what the term means is to get arrested, tried, then appeal to the Court of Criminal Appeals.

It has been common knowledge that an overnight trip, or a trip in which you cross two county lines, constitutes "traveling." Unfortunately this common knowledge is wrong. The courts decide these cases on a case-by-case basis, without announcing any rules of law.

In the 2005 legislative session, Rep. Terry Keel introduced a bill attempting to solve this problem. I testified as the expert for NRA and TSRA before a Senate committee. The bill (HB 823) passed. The purpose of the bill was to say, "Law-abiding citizens can keep guns in their cars," but a number of prosecutors and law enforcement agencies didn't get the message. In 2007 the Legislature passed a bill which should finally solve this problem.

HB 1815 revised the handgun law to exclude persons who carry a handgun in their own motor vehicles, or in vehicles they control. This is different from the previous versions, which made carrying a handgun illegal then created an affirmative defense, a defense to prosecution, or an exception to the prohibition.

The prohibition does apply to people already prohibited from possessing firearms, members of criminal street gangs, persons engaging in criminal activity other than Class C traffic offenses, and people who keep their handguns in plain view. Of course there are a lot of other laws that govern guns, including some that prohibit us from taking them to certain locations, so be sure you know all the applicable laws before packing heat.

The Texas concealed handgun law protects about 1 percent of the population. Most people estimate that about half of Texans carry a gun in their car. Until 2007 they faced arrest, prosecution, and imprisonment. Thanks to Rep. Keel, the Legislature, and Governor Perry, the 49% without CHL's are now safe.

[Flexmoney]

"The prohibition does apply to people already prohibited from possessing firearms, members of criminal street gangs, persons engaging in criminal activity other than Class C traffic offenses, and people who keep their handguns in plain view."

That is what you wrote. Did you mean "does NOT apply"...?

No, the prohibition does apply to those people. The new protection does not apply to them. In other words, if you're a convicted felon you are still prohibited from possessing firearms. But thanks a bunch for checking this in detail - it's really easy to get turned around and leave out a "not" or something.

Sean

Thanks for the clarification. I'll add our exchange to your topic.

KF