TexasCHLforum.com

mojo84 wrote:Doesn't it say traveling directly to or from your vehicle or home? If that's the case, once you arrive at your vehicle, you need to conceal it per MPA. Right? What am I missing about your question?

Mojo - I'm not trying to be rude, but I've explained it twice now. "Traveling" has nothing to do with walking to or from your car. You can look up Sec. 46.15(b)(2). It specifically says that 46.02 is not applicable if you are "traveling," which in my opinion means it's legal to open carry a handgun in your vehicle if you are "traveling" because 46.02 (which includes the MPA) doesn't apply under such circumstances, and 46.02 is what prohibits open carry of a handgun.

Again, it boils down to what constitutes "traveling" since the Legislature has refused to define that term.

Yes I understand the MPA (Sec. 46.02(a-1)) requires the handgun to be concealed...but the MPA is a part of Sec. 46.02, and Sec. 46.15 says that if I'm "traveling," then Sec. 46.02 as a whole (which includes the MPA) is not applicable.

mojo84 wrote:Motorist Protection Act

(a) A person commits an offense if the person [he]
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

TVGuy wrote:

Texas1999 wrote:
Once I enter my vehicle, however, I must then conceal the handgun pursuant to Sec. 46.02(a-1)....UNLESS I am "traveling," in which case I may continue to open carry the handgun because pursuant to Penal Code 46.15(b)(2), if you are "traveling" then Section 46.02 does not apply.

Under no circumstances may I openly carry my handgun when not on my premises or "traveling" in a vehicle I own or under my control.

Am I missing anything? My understanding is there is no definition of "traveling" in Texas law, so you could get arrested anyways if the handgun is in plain view, even if you truly are "traveling" hundreds of miles along a highway in your vehicle...? Guess it would make sense to flip your shirt over the handgun if pulled over and now it is "concealed" and permitted under Sec. 46.02(a-1) (or permitted under your CHL if you have one) and it would be a non-issue...

You can't open carry while "travelling" in your car. The gun (handgun) must be concealed. If you were to get pulled over with an openly displayed handgun you would be subject to the same laws as walking down the street and openly displaying a handgun.

I think I disagree. Others in this thread have noted that everything is legal unless specifically prohibited by a law. In this case, the only law prohibiting open carry of a handgun in a vehicle is 46.02. Hence if I'm in a situation where 46.02 doesn't apply, it means I can open carry in my vehicle...providing I am not in violation of another law that would make that behavior illegal (such as 42.01(8), displaying in a manner calculated to cause alarm, or if I was a convicted felon and couldn't legally possess a handgun, etc.).

If I'm "traveling," 46.15 says that 46.02 doesn't apply. Thus, I can carry a handgun in my vehicle "on or about my person" and it need not be out of "plain view" per 46.02(a-1)(1), since 46.02 is the only law that would prohibit that behavior, and it doesn't apply while I'm "traveling."

This is more of an "academic" discussion, mind you. I don't intend to openly carry in a vehicle. Just curious as to what OTHER law would prohibit open carry of a handgun in my vehicle if I'm in a situation (I.e., "traveling") where 46.02 does not apply to prohibit it.

This is my basic understanding of things. Someone feel free to correct me if you believe I am wrong.

I can open carry a handgun inside my home or on my "premises" which includes the real property (e.g., land) surrounding my home that I own.

I can continue to open carry that handgun if I am directly en route to my vehicle, even if the vehicle is not located on my "premises" (for example, it is parked in the street), pursuant to Sec. 46.02(a)(2).

Once I enter my vehicle, however, I must then conceal the handgun pursuant to Sec. 46.02(a-1)....UNLESS I am "traveling," in which case I may continue to open carry the handgun because pursuant to Penal Code 46.15(b)(2), if you are "traveling" then Section 46.02 does not apply.

Under no circumstances may I openly carry my handgun when not on my premises or "traveling" in a vehicle I own or under my control.

Am I missing anything? My understanding is there is no definition of "traveling" in Texas law, so you could get arrested anyways if the handgun is in plain view, even if you truly are "traveling" hundreds of miles along a highway in your vehicle...? Guess it would make sense to flip your shirt over the handgun if pulled over and now it is "concealed" and permitted under Sec. 46.02(a-1) (or permitted under your CHL if you have one) and it would be a non-issue...