The problem with choosing to not conceal your handgun under the "traveling" provision of TCP Section 46.02 is the fact that, as several folks mentioned, the term "traveling" is not currently defined. For a while (two years, I believe), the actor was presumed to be traveling if he met requirements very close to the current Motorist Protection Act requirements. When the MPA was written in 2007, the definition of traveling was stricken.
On the other hand, we have 150 years of case law to refer to that says "traveling" might involve spending the night, crossing three county lines, red fox bites you on the rump on a Tuesday as long as it's a full moon and your fingers were crossed. The problem with case law, especially on the subject of "traveling," is the application and interpretation tends to vary from one jurisdiction to another. Ask 10 police officers what constitutes "traveling" with respect to carrying a handgun, and I bet you'll get 10 different answers.
The long of the short of it is: Save yourself some trouble and keep the handgun concealed.
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• Page 1 of 1
- by DoubleActionCHL
- Sat Feb 27, 2010 11:44 pm
- Forum: General Texas CHL Discussion
- Topic: Am I legal?
- Replies: 32
- Views: 4376
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