Texas Gun Laws? - Montana Owners Club

Okie Guy · 11-15-2008, 02:46 PM

We are getting ready for a three week trip in December to the RGV for some intense relaxin. I know our gun laws here in Oklahoma where we have the "stand your ground" and "make my day" laws. I do not know the laws in Texas though. Are there any restrictions when it comes to packing heat and traveling in Texas? Can someone direct me to the proper website? I got lost trying to navigate their state site.

Thanks
Phil

SlickWillie · 11-15-2008, 02:59 PM

Phil, seems I recall the gun laws are on the DPS (Department of Public Safety) website. I'm not licensed to carry, but I keep a pistol and a Home Defender (12 gauge) in the RV. I do not carry a gun in our vehicle. It is my understanding the RV is an extension of my home. We have what is referred to as the "Castle law" here in TX. Short version, you may defend your property. You might review the case of Joe Horn of Pasadena, TX. He successfully defended both his neighbors and his property and was no billed by a grand jury in Houston, TX.

Okie Guy · 11-15-2008, 03:01 PM

Thanks Will!

richfaa · 11-15-2008, 03:12 PM

Phil...This may help

http://www.usconcealedcarry.com/public/department46.cfm

Waynem · 11-15-2008, 03:18 PM

Phil,
If you are licensed to carry in Oki, you are licensed in Texas by reciprocal law.

Oklahoma/Texas Reciprocal law

Edited: If you are unlicensed I "believe" it is as Will stated, but best just call, or email Texas DPS for information. I think the second amendment will hold for the RV.

exav8tr · 11-15-2008, 04:34 PM

Phil, the reference I use is "The Traveler's Guide to the Firearm Laws of the Fifty States" copyright 2007 and available at www.gunlawguide.com. Worthy of note is that Texas does not honor the Castle Doctrine....According to the 2007 edition and I see a 2008 edition is out, guess I better send for that...Need to stay current on these matters......

dersequim · 11-15-2008, 05:23 PM

NRA has link on their website.

SlickWillie · 11-16-2008, 12:07 AM

Quote:

quote:Originally posted by exav8tr

Phil, the reference I use is "The Traveler's Guide to the Firearm Laws of the Fifty States" copyright 2007 and available at www.gunlawguide.com. Worthy of note is that Texas does not honor the Castle Doctrine....According to the 2007 edition and I see a 2008 edition is out, guess I better send for that...Need to stay current on these matters......

Phil, IIRC the "castle doctrine" law went into effect here in Sept. 2007. The case I mentioned earlier, Joe Horn, really pushed the law to the limit, and evoked emotions on both sides. However, a grand jury failed to indict him.

I try my best to stay on the side of the law. However, I will defend my property regardless of the law, and suffer the consequences if they come. I worked for what I have, and will not surrender it without a fight.

Here is a PDF from the DPS site. 79 pages. I need to do some reading, but there is a law here that allows you to have a weapon in a vehicle if you are traveling, regardless of a permit or not. I'm not sure how the law stands now, as I seem to recall they redefined in the last couple years.

ole dude · 11-16-2008, 12:11 AM

Some times is better to ask for forgiveness, than to ask for permission.

Delaine and Lindy · 11-16-2008, 01:39 AM

Phil, I use the Gun Law book also. I was told a long time ago and its my opinion that its always better to be judge by 12 than carried by 6. I firmly believe thats what wrong with our country now we let the bad do what ever they want. If you don't protect your own property someone will take it, and if they are brought to justice, in most cases they receive a slap on the hand. If they try to harm my family or me they will receive what ever it takes to defend my rights. I think the Texas laws are some of the best in the land. Just a little of the laws of the West. GBY.....

exav8tr · 11-16-2008, 02:07 AM

Glad to hear the Castle law is in effect in Texas as that is where we plan on spending next winter. States laws seem to change yearly, It pays to keep up on what is current. I will be ordering a new book soon. As far as protection, I agree and I am covered....Nough said....

trukdoc · 11-16-2008, 02:27 AM

Home invasion robberies have dropped drastically here in Texas. The crooks have opted to steal ATM's instead...they do not shoot back.

SlickWillie · 11-16-2008, 02:28 AM

As I stated earlier, the law concerning carrying a concealed weapon in a vehicle as a "traveler" was given a better definition. The law is explained in easily understood terms here. The law was redefined in TX HB 823. The original law has been on the books for many years, but the new law shifted the burden of proof from the citizen to law enforcement. BTW, that site is a state government site, not just some individuals opinion.

richfaa · 11-16-2008, 03:01 AM

Rick.... I like that... Ohio went to the Castle law this year and changed the definition of "Concealed in a vehicle" Previous it had to be in a locked box in the vehicle or "Clearly visible" like taped to your forehead. Now it can be in the unlocked glove box ot Console. With CC in Ohio, Pa and NH We are good in 33 States..including Texas..but there are State laws that one needs to be aware of like do you need to notify the LEO that you are carrying if stopped. The LEO can tell by running your Drivers license if you have a CCW (at least in Ohio) so do you need to imform the LEO if you have a license and are NOT carrying or have one in the vehicle.???

On Edit...We can not carry in 13 States.. Have not looked for awhile

SlickWillie · 11-16-2008, 03:28 AM

Rich, check out this site. That should explain any questions about TX.

richfaa · 11-16-2008, 06:53 AM

Ohio law says that if you have a CCW you must inform a LEO that you have a weapon on you or in the vehicle. If you have a CCW it is so stated on your drivers license so they will know. My question is if you do have the CCW but are not carrying or have a weapon in the vehicle do you need to inform the LEO//The law does not define that situation.Also I see that as discrimination against the CCW holder. I have to tell the LEO if I have a weapon..The person who does not have a CCW does not have to say anything and There is no law that says the bad guy has to say anything. I a certified , backround checked, finger printed, mug shotted, Identified as a CCW holder on my Drivers license has to tell???? What is wrong with that picture..????

trukdoc · 11-16-2008, 10:36 AM

As I understand it here in Texas a gun can be carried in a vehicle as long as it out of sight whether I have a permit or not as long as it is a registered handgun. I would think it would be common sense to inform a Officer a gun is present just to keep from surprising him and the officer gets "Nervous". That is when a good situation unravels fast.

richfaa · 11-16-2008, 10:52 AM

I agree Rick.. but my point is... I am required by law to tell the LEO if I have a weapon present ..but no one else is. Ohio and many other states have the "open carry" law where it IS legal to carry as long as it is "in plain sight" and a CCW is not required but if you do that you will most likely be arrested on some charge..

Waynem · 11-16-2008, 12:02 PM

When I get stopped in Texas, I hand the officer both my CW permit and driver license, they are both the same size. He can then ask me if I'm carrying. You must also surrender your weapon upon demand of the officer. They will give it back.

SlickWillie · 11-16-2008, 12:24 PM

Quote:

quote:Originally posted by trukdoc

As I understand it here in Texas a gun can be carried in a vehicle as long as it out of sight whether I have a permit or not as long as it is a registered handgun. I would think it would be common sense to inform a Officer a gun is present just to keep from surprising him and the officer gets "Nervous". That is when a good situation unravels fast.

Rick, you might want to read the link I posted on the "traveler" definition. I don't think you can just cruise around the county with a gun in the glove box, even if it is registered, without the permit. It has to do with traveling across county lines. I read another article by an attorney. He said to not give any more info than requested if stopped (about your destination). I knew a fellow back in our home town that had a 9mm in the glove box. He had just returned from Dallas and hadn't gone home yet. He was charged and fined for carrying a concealed weapon. The clip was not anywhere near the weapon either. What the attorney said was if you're in your home county, get stopped, and your DL has your address in that county, it might be hard to argue you were traveling.

I don't carry a weapon in the vehicle. Perhaps one day I may regret it, but that 6000 pound truck could be a pretty good weapon in certain cases. I think about the dude in CA that was pulled out of his truck and beaten during the riots. Dang, I would have torn some crap up around me before they got me out of that truck. You know your chances are not very good when they get you out. Hmmmm, maybe I do need to carry that shotgun in the truck!

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