hamilton71801

I'm traveling to Houston in a couple of weeks and would like to carry my pistol in the truck. Arkansas and Texas have repric. rights but I don't have my concealed license yet. I researched Ar law and its very vague but does say that I have the right to carry in a vehicle as long as its a journey. Thats about all it says. I called our State Police and she really didn't have a good answer for me as to if it needed to be unloaded, in plain sight or hidden. Texas DPS couldn't offer me any answer other than I would need to speak to a lawyer to get specifics. What is your take on it? This is for carry in the vehicle only.

I would hate to bring my new XD9 to Texas only to have it confiscated for be ignorant of the law.

nelrod

Take it anyway. I take mine if I want to when traveling. I don't have concealed carry. I had rather be tried by 12 than carried by 6.

hamilton71801

Heres what I've found so far so what do ya'll make of it?

TexasSubject/LawLong gunsHandgunsRelevant StatutesNotesState Permit to Purchase?NoNoNoneFirearm registration?NoNoNone"Assault weapon" law?NoNoNoneOwner license required?NoNoNoneCarry permits issued?NoYesGC Ch. 411 Subch H, PC 46.15Concealed carry of a handgun requires a "shall-issue" permit. Open carry of a handgun is prohibited with some exceptions (hunting, on one's own property). Open carry of a long gun is generally legal as PC 46.02 (unlawful carry of weapons) only mentions handguns.State Preemption of local restrictions?YesYesConst. 1.23, PC 1.08"... the Legislature shall have the power, by law, to regulate the wearing of arms, with a view to prevent crime." In addition (PC 1.08), no lower level of government may pass a law that penalizes any conduct which is specifically covered by the State statutes.NFA weapons restricted?NoNoNonePeaceable Journey laws?YesYesPC 46.02, PC 46.15A person may carry a concealed, loaded handgun without a permit while in or heading directly to a car they own or control.Castle Doctrine?YesYesPC 9.32A person is presumed justified in using deadly force to protect themselves against an unlawful, forceful intrusion into their dwelling. There is no duty to retreat from any place where the shooter has a legal right to be.
Texas has no laws regarding possession of handguns, shotguns, or rifles by persons 18 years or older without felony convictions. NFA weapons are also only subject to Federal restrictions; no State regulations exist. Municipal and county ordinances on possession and carry are generally overridden (preempted) due to the wording of the Texas Constitution, which gives the Texas Legislature (and it alone) the power to "regulate the wearing of arms, with a view to prevent crime".[179] Local ordinances on discharge of a firearm are generally allowed under this pre-emption.
A rifle, shotgun, or other long-barreled firearm may be carried openly, although there is debate as to whether doing so constitutes "disorderly conduct" (which defines an offense, in part, as "displaying a firearm or other deadly weapon in a public place in a manner calculated to cause alarm"). Open carry of a handgun in public is generally illegal in Texas; exceptions include when the carrier is on property he/she owns or has lawful control over, while hunting, or while participating in some gun-related public event such as a gun show. A permit to carry concealed is thus required to carry a handgun in public. Concealed carry permits are issued on a non-discretionary basis ("shall-issue") to all qualified applicants. In addition, Texas recognizes most out-of-state concealed-carry permits.
The concealed handgun law sets out the eligibility criteria that must be met. For example, an applicant must be qualified to purchase a handgun under the state and federal laws. Additionally, a number of factors may make a person ineligible (temporarily or permanently) to obtain a license, including: felony convictions (permanent) and Class A or B misdemeanors (5 years, permanent in cases of domestic violence), including charges that resulted in probation or deferred adjudication, pending criminal charges (indefinite until resolved), chemical or alcohol dependency (defined as 2 convictions for substance-related offenses; 10-year ban from the date of the first conviction), certain types of psychological diagnoses (indefinite until the condition is testified by a medical professional as being in remission), protective or restraining orders (indefinite until rescinded), or defaults on taxes, governmental fees, student loans or child support (indefinite until resolved).[180] This last category, though having little to do with a person's ability to own a firearm, is in keeping with Texas policy for any licensing; those who are delinquent or in default on State-regulated debts are generally barred from obtaining or renewing any State-issued license, as an incentive to settle those debts.
A person wishing to obtain a CHL must also take a State-set instruction course covering topics such as applicable laws, conflict resolution, and handgun safety, and pass a practical qualification at a firing range with a weapon of the type they wish to use (revolver or semi-automatic) and of a caliber greater than .32". They may then apply, providing a picture, fingerprints and other documentation, to the DPS, which processes the application, runs a background check, and if all is well, issues the permit.
On March 27, 2007, Governor Rick Perry signed Senate Bill 378 into law, making Texas a "Castle Doctrine" state which came into effect September 1, 2007.[181] Residents lawfully occupying a dwelling may shoot a person who "unlawfully, and with force, enters or attempts to enter the dwelling", or who removes or attempts to remove someone from that dwelling, or who commits or attempts to commit a "qualifying" felony such as burglary, arson, rape, aggravated assault, robbery or murder. In addition, a shooter who has a legal right to be wherever he/she is at the time of a defensive shooting has no "duty to retreat" before being justified in shooting; the "trier of fact" may not consider whether the person retreated when deciding whether the person was justified in shooting.
Gov. Perry also signed H.B. 1815, a bill that allows any Texas resident to carry a concealed handgun in the resident's motor vehicle without a CHL or other permit.[182] Chapter 46, Section 2 of the Penal Code states that it is in fact not "Unlawful Carry of a Weapon" for a person to carry a weapon while in a motor vehicle they own or control, or to carry while heading directly from the person's home to that car. However, lawful carry while in a vehicle requires these three critical qualifiers: (1) the gun must be concealed; (2) the carrier cannot be involved in criminal activities; and (3) the carrier cannot be a member of a criminal gang.[183][184]
Possession of automatic firearms, short-barreled shotguns or rifles, or silencers is permitted, if the weapons have been federally registered in accordance with the National Firearms Act.[179]


Arkansas

Subject/LawLong gunsHandgunsRelevant StatutesNotesState Permit to Purchase?NoNoNoneNoFirearm registration?NoNoNoneNo"Assault weapon" law?NoNoNoneNoOwner license required?NoNoNoneNoCarry permits issued?NoYes5-73-301 - 5-73-320Concealed carry requires a permit. Open carry is not permitted.State Preemption of local restrictions?YesYes5-73-120Carrying a weapon is prohibited.NFA weapons restricted?N/AN/A5-73-120Carrying a weapon is prohibited.Peaceable Journey laws? ?Yes5-73-120 (c)(4)A person has a defense to the crime of carrying a weapon when he/she is on a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon.
In Arkansas, possession or ownership of a firearm is illegal for anyone who has been convicted of a felony, adjudicated to be mentally defective, or committed involuntarily to a mental institution.
Arkansas is a "shall issue" state for the concealed carry of firearms.[9] Applicants must pass a background check and complete a training course to receive a new or renewal concealed carry license. An existing license will be suspended or revoked if the license holder is arrested for a felony or for any violent act, becomes ineligible due to mental health treatment, or for a number of other reasons. Concealed firearms may not be carried at a courthouse, meeting place of any government entity, athletic event, tavern, or in a number of other places.
Arkansas has state preemption for most firearms laws. However, localities may enact laws regulating the discharge of firearms, or in emergency situations. Local units of government and private individuals may not sue firearms manufacturers or dealers for matters relating to the lawful manufacture or distribution of firearms, except in cases of product liability or breach of contract.
Automatic weapons must be registered with the Arkansas secretary of state, in addition to being registered under federal law

Sorry Mods if this needs to be in the gun forum but I thougt I might get a better response over here. Please feel free to move if needed.

Field_boss_cb

Better off caught with it, than caught without it!

SIXSLUG

A gun in hand is better than a cop on the phone any day or night of the week!

Kurt

oldmikegraham

You'll be fine unless you are carrying in conjuction with a criminal episode.

Straight from the Texas Penal Code:

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 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 that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; 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;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.



This is based on you saying Arkansas has a compact with Texas.

Good luck!

hamilton71801

Ar and Tx have recip rights but I was unclear if a non-resident Texan could carry in the vehicle legally. I thought the recip rights was a conceal permit thing.

oldmikegraham

As a Texas LEO I am only able to file state or local charges. Even if you are from a very restrictive state their is no provision or language in 46.02 that allows me to file a charge based on your states laws, I have no jurisdiction.

I can see the point you are making and can't point to language that speaks to it. My patrol experience leads me to believe it would hinge on what you were doing as stated in the Texas charge I could file. Free advice here from a layman, take it for what it is worth!

Look at it this way, Texas was a late adopter of the .08 BAC for DWI. If you showed up DWI here when we were still using .10 and the state that licensed you and registered your car used .08 we still used what our law said. Maybe not a good analogy but it is what sprung to mind.

hamilton71801

Thanks Mike.

Jeff in TD

So if I understand that correctly, it is illegal in TX to carry a handgun in a motor vehicle if the handgun is in pain view?

hamilton71801

Thats the way I read it.

oldmikegraham

Correct. No driving around in the high ready or throwing it on the dashboard.