seamusTX wrote:1. If you open-carry based on the traveling exception, you will probably be charged with failure to conceal by a CHL holder. The CHL law has never been reconciled with pre-existing law.
If you try it, let us know how it works out.
2. Routine commuting is not traveling, even if you cross multiple county lines. That's based on case law (I don't have citation).
- Jim
What traveling exception is everyone talking about. There is not "traveling exception" any more. You can carry in your car without a license as long as it is concealed, even if you are just driving from your house to the mail box across the street. You cannot OC. It has to be concealed. Am I missing something?
"PC 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-I) 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 .Of.
(a2) For purposes of this section, "premisesn includes real property
and a recreational vehicle that is being used as living quarters, regardless
of whether that use is temporary or permanent. In this subsection,
"recreational vehiclen means a motor vehicle primarily designed as
temporary living quarters or a vehicle that contains temporary living
quarters and is designed to be towed by a motor vehicle. The term
includes a travel trailer, camping trailer, truck camper, motor home,
and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this
section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the
offense is committed on any premises licensed or issued a permit by
this state for the sale of alcoholic beverages."