TexasCHLforum.com

srothstein wrote:I think we may have some trouble with the definition of a private vehicle. I fully agree that any governmental vehicle is not private, but I am nto sure about all commercial vehicles. The ones I think they did not want to allow carrying in are vehicles for hire, such as busses and taxis.

I guess that's why we have appeals courts.

It would be nice in the first instance if the legislature wrote laws as they intended. They could have written "vehicles owned, leased, or rented by a natural person,*" or "privately owned vehicles other than common carriers."

Even with taxis, the taxi driver is not controlled by the paying passenger, other than going to the requested destination. If a peace officer stops the taxi for a violation of traffic law, the passengers have no part in that; and there is little basis for questioning or searching them.

Commercial buses such as Greyhound are another story. Their passengers are second-class citizens.

*I have no idea whether "natural person" is a concept in Texas law.

- Jim

libertyhillguy wrote:Ok you got here but come September 1 the bill HB 823 states that:
defense presumption that a person is traveling if he is:
in his private vehicle;
not otherwise engaged in criminal activity (other than a traffic offense);
not otherwise prohibited by law from possessing a firearm;
not a member of a criminal street gang; and
not carrying a handgun in plain view.

It will be "a motor vehicle that is owned by the person or under the person's control." The vehicle can be owned by you, your spouse, your parent, your employer, a leasing agency, or a car rental company.

More info here.

The current law says "in a private motor vehicle." That could be any of the categories mentioned above. The main exception would be public transportation owned by a government entity.

- Jim

libertyhillguy wrote:I do know that the traveling law does not apply to commercial vehicles

Please tell me how you know that.

A vehicle is not "premises." Building and land are premises. The law allows the same exceptions for recreational vehicles with living quarters as for residences.

However, you can legally carry a handgun in a vehicle as long the handgun is concealed. That right will become better-defined on September 1.

If you are going to carry only in a vehicle, you can also carry a shotgun or carbine and avoid any possible misunderstanding about handguns.

- Jim