TexasCHLforum.com

orc4hire wrote:

In light of the recent clarifications in what constitutes “traveling� while carrying a pistol, here is HPD’s policy:

Houston Police To Enforce Unlawful Carrying of Weapons

September 1, 2005 -- Generally, Texas law prohibits a person from carrying a weapon in a motor vehicle unless that person is "traveling," complying with another defense under the law, or is a concealed handgun license holder.

While the penal code does not specifically define "traveling," Texas case law provides guidance regarding this matter. House Bill 823 creates a presumption in Section 2.05 of the Texas Penal Code that a person is "traveling" in certain circumstances. A person is presumed to be traveling if he or she is:
* In a private vehicle
* Not otherwise engaged in criminal activity other than a traffic offense
* Not otherwise prohibited by law from possessing a firearm, being a felon
* Not a member of a criminal street gang
* Not carrying a handgun in plain view

This change does not prevent law enforcement officers from arresting a person who is in a motor vehicle for carrying a handgun under Section 46.02 of the Texas Penal Code if the person is not "traveling."
A Houston police officer will speak with a motorist and conduct a thorough investigation to determine if the motorist was in the course of "traveling," should a weapon be located in a vehicle. Officers will then contact the Harris County District Attorney's office to determine if the charge of unlawfully carrying a weapon is appropriate.

And, if the person meets the listed criteria, the investigation should determine that the person is traveling. If they chose to arrest the person anyway, I would think that that would place the cop and the District Attorney in the position of being sued. I mean, if you arrest someone you know is not breaking the law, that's certainly wrongful prosecution, prosecutorial misconduct, and probably an assortment of other ethics violations.

Let a few cops get sued, a few prosecutors disbarred and/or sent up on criminal charges and they might be a little less frisky in the future.


But the most important thing to remember is that one requirement is that the gun be concealed. If the cop doesn't know it's there, he can't arrest you for carrying it. Keep it hidden and do not volunteer any information. If the HPD choses to operate outside the law, as a criminal gang, they deserve no more respect or cooperation than any other criminals.

Renegade wrote:

orc4hire wrote: No, actually, plain English does not say yes. The new state clearly refers to firearms, so applying it to other weapons would be a risky proposition at best.

§ 46.15. NONAPPLICABILITY

(b) Section 46.02 does not apply to a person who:

(3) is traveling;

(6) is carrying a concealed handgun and a valid
license issued under Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;


How much plainer English can it get?

Let me ask this, If I am legally "traveling" today or one week from today, can I carry on or about myself a handgun, illegal knife or club?