Quick Question. [Archive] - Glock Talk

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Littleman
12-01-2007, 12:11
Concerning "unlicensed carrying of a handgun in your car"

It says this:
(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.
That, to me means I'm allowed to carry in my car to- and from- work.

But then it says this:
(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
does that mean that my "car" isn't classified as a "premises" because it's not living quarters...? I just re-read the laws and was wondering what they are talking about/why they worded it this way...


I'm getting the info from the bottom of page 3:
http://www.txdps.state.tx.us/administration/crime_records/chl/LegisChangesCHLStatute07.pdf

Rex G
12-01-2007, 13:38
The second part was passed a couple of sessions before the first part; it was OK to carry (without a CHL) inside a camping-type RV a few years before it was legal to carry inside a normal car without a CHL. RVs were classified as premises, because you can live in them; the legislature wanted to allow people with RVs to carry inside them just as they would be able to carry inside their homes and businesses. Your plain old vanilla passenger car is still not "premises," and your ability to carry inside them is based on a different concept. I am not a lawyer, but do wear a badge and enforce laws in Texas. What I have said is blue-collar rambling; not legal advice.

bluelineman
12-01-2007, 13:57
Yes, you are allowed to carry in your car as long as it is concealed.

(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.

Littleman
12-01-2007, 13:57
The second part was passed a couple of sessions before the first part; it was OK to carry (without a CHL) inside a camping-type RV a few years before it was legal to carry inside a normal car without a CHL. RVs were classified as premises, because you can live in them; the legislature wanted to allow people with RVs to carry inside them just as they would be able to carry inside their homes and businesses. Your plain old vanilla passenger car is still not "premises," and your ability to carry inside them is based on a different concept. I am not a lawyer, but do wear a badge and enforce laws in Texas. What I have said is blue-collar rambling; not legal advice.
Thanks,
I just wanted to know if they were two separate issues or one in the same.

you answered my question.

Littleman
12-01-2007, 13:59
Yes, you are allowed to carry in your car as long as it is concealed.

(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.

I understand.

I was just wondering what all the rambling about their definition of "premises" was for.

Rex G. answered that question.

bluelineman
12-01-2007, 14:14
When you turn 21, get your CHL, then you can carry on your person. :)

Rex G
12-01-2007, 15:40
It's a simple case of one part of the law being changed, without rewriting the whole section of the penal code. RVers are now doubly able to carry inside motorized RVs. Regardless, the "a-2" part had to left intact to cover those inside camping trailers, which are not motorized.

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