ATTENTION ALL LEGAL SCHOLARS

[carlson1]

Please give me down to earth terms regarding the Travelling law going into effect.
1. Can an 18 year old carry a loaded concealed handgun in his car?
2. Can the gun be in the car at all time no matter where or how far you travel?

Thanks for your help.

[Liberty]

Please give me down to earth terms regarding the Travelling law going into effect.
1. Can an 18 year old carry a loaded concealed handgun in his car?

Its not a traveling law anymore. I don't recall anything that would restrict an 18 year old though.

2. Can the gun be in the car at all time no matter where or how far you travel?

Whether one is driving across the road, or all across Texas it doesn't matter. Its not a part of the Traveling law any more.

What I'm not real sure about is whether an unlicensed person can carry in their car into school property. I believe its ok, but I'm not sure

[seamusTX]

What I'm not real sure about is whether an unlicensed person can carry in their car into school property. I believe its ok, but I'm not sure

It's against federal law for an unlicensed person to have a firearm within 1,000 feet of school premises unless it is unloaded and locked. Here's one reference to the law: http://www.gunlaws.com/gloaup.htm#schools

I agree on the other points. AFAICT, it will be legal for a 16-year-old to have a concealed handgun in a vehicle.

- Jim

[Liberty]

What I'm not real sure about is whether an unlicensed person can carry in their car into school property. I believe its ok, but I'm not sure

It's against federal law for an unlicensed person to have a firearm within 1,000 feet of school premises unless it is unloaded and locked. Here's one reference to the law: http://www.gunlaws.com/gloaup.htm#schools

- Jim

Its real difficult to drive around this area much without coming within 1000ft of a school.

[GlockenHammer]

Its real difficult to drive around this area much without coming within 1000ft of a school.

As in most areas.

America had 121,855 public and private schools as of 1994. In effect, this law criminalizes the actions of nearly anyone who travels in a populated area with a legally possessed firearm.

[seamusTX]

Before anyone gets too excited, this law is rarely prosecuted. An earlier version of it was overturned by the U.S. Supreme Court. I've read about only one prosecution. That was a criminal fugitive who entered a school building with a weapon.

- Jim

[txinvestigator]

What I'm not real sure about is whether an unlicensed person can carry in their car into school property. I believe its ok, but I'm not sure

It's against federal law for an unlicensed person to have a firearm within 1,000 feet of school premises unless it is unloaded and locked. Here's one reference to the law: http://www.gunlaws.com/gloaup.htm#schools

I agree on the other points. AFAICT, it will be legal for a 16-year-old to have a concealed handgun in a vehicle.

- Jim

That is a Federal Law, and not enforcebale by Texas Peace Officers.

[carlson1]

Thanks for the help. I am assuming this starts Sept 1?

[seamusTX]

I am assuming this starts Sept 1?

Yes.

I want to add two things:

1. The car carry exemption ceases to exist if the handgun is not concealed or if the person commits any offense other than a class C traffic misdemeanor. In that case, it becomes a class A misdemeanor.

Therefore, if you are advising a youngster about this, it is vital that they understand that they must stay squeaky-clean. They can't display a weapon unless they have a justification for the use of deadly force.

2. Although the law seems crystal-clear to me, I find it hard to believe that the DAs who have been prosecuting people for car carry will just give up.

- Jim

[stroo]

One caution about putting a gun in a car driven by a teenager to school. Regardless of whether it is now allowed by Texas law or rarely if ever prosecuted under Federal law, at most, if not all, public schools and probably most private schools as well, a student found with a gun in his/her car is likely to face significant disciplinary action including suspension and up to expulsion depending on the school system. So, much as I would like to, I am not putting a gun in my teenage daughter's car.

[carlson1]

He is out of school. He works for Bedford PD in the jail, so he better stay clean. He will be starting college next semester, so there is no problem with schools for now. Thanks for the help.

[stevie_d_64]

Charles brought up something wayyyyy back in the day when this first came to light...

Sure, you got the gun in the car with you...But unless you are some kind of really good shot...

Once you step out of the vehicle and you possibly discharge that gun...Alot of "other" things come into play...

I kinda took that as a good reason to go ahead and get your CHL anyway if you can...

So I've been brutally apathetic to this law...I think its good, and pushes back the envelop a little more...But for the most part, if you're going to do this...I suspect a CHL should be in the works for that person pretty soon...

Just my dos centavos...

[stroo]

I like it mainly because I can't seem to convince my wife to get a CHL but she will keep a gun in her van. She works in a kind of dangerous neighborhood so I really want her to have a gun available.

[BShook]

I thought the law stated something about being able to carry a handgun in your vehicle if you can legally own said gun?

An 18-year-old can't legally own a handgun, unless I'm mistaken... I thought the age requirement was 21?

I could be wrong though.

[seamusTX]

You don't have to own the weapon, just be in control of the vehicle. And there's no age limit in Texas for ownership or possession of a firearm.

- Jim