TexasCHLforum.com

srothstein wrote:

mctowalot wrote:Hello? Experts?

Well, not an expert, but I do have a CDL. This is one of those small areas where I have my opinion and it differs from what some have posted here. I see no mention of the restriction on commercial vehicles in the law. As I read it, if you own it or are in control of it, you can carry, with the other restrictions, and it doesn't matter if it is a permit tractor trailer that is over width, length, and weight or the smallest moped on the street. If it is a motor vehcile, you can carry.

lawrnk wrote:

longtooth wrote:Burden of proff is now on the State to prove you are not legally "traveling"

5 Criteria. Someone soon will cite the legal section & paragraph. In Deep East Texas English

1. You can legally own the firearm.
2. You are in your personal vehicle. Not driving the friends or a comercial vehicle.
3. Not involved in any illegal activity above a class C misdemeanor. ie trafic violation.
4. Not showing signs of gang membership or affiliation.
5. Must be concealed.

Better & Best to get the CHL which you are doing.

Number 2 is completely new to me. I was unaware you must own the vehicle.

TPC §46.02 wrote:Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

• (1) on the person's own premises or premises under the person's control; or
  
  (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

• (1) the handgun is in plain view; or
  
  (2) the person is:
  
  • (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
    
    (B) prohibited by law from possessing a firearm; or
    
    (C) a member of a criminal street gang, as defined by Section 71.01.

• It is in plain view;
  You are engaged in criminal activity other than Class C traffic violations;
  You are prohibited from possessing firearms by state or federal law; or
  You are a member of a criminal street gang as defined in Chp. 71 of the Texas Penal Code.