TexasCHLforum.com

Yes, the definition of what a travelr is and how it is applied can still be very important. The MPA did not change the definition of what a traveler is. It changed the actual elements of the offense. The traveler exception still applies.

So, how can the traveler definition be important? Well, there are ways to travel besides a car that is owned by you or under your control. Say that you are a passenger in my car as we drive from San Antonio to Dallas. The MPA would not protect you, but the traveler exception might. Or you might make some mistake and let the weapon show instead of staying concealed. Or you are driving and stop for gas and forget to take the weapon off.

So, the traveler exception could still be very important. Learning how the courts have applied it may one day save you (and I hope your attorney knows this too). And, as far as I know, the pre-eminent case on this was from 1909 (but I could not find the citation just now in a few minutes search). In this case the Court of Criminal Appeals lamented asking the legislature to define the term and said that until they do, whether or not a person is a traveler is a fact to be determined by the jury.

As an aside to that, in the brief review of the cases I just did, I found that many of the cases dealt with whether or not the instructions to the jury included this defense. It seems like a judge not allowing this instruction is the quickest way to get a case overturned when this defense was raised.