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seamusTX

HankB wrote:RE: Harris County . . . according to a past issue of the TSRA magazine, some LEOs in the area question people they stop about where they're going, how they plan to get there, etc.

I've been on the receiving end of that treatment, though not for a long time, and not in Texas.

I think it's unofficial police practice for figuring out whether someone is minding his own business versus cruising around looking for drugs or trouble, or acts nervous.

You do have the right to remain silent, though if you're receiving that treatment, you're close to being in trouble.

- Jim

seamusTX

Cofmatt wrote:Just curious but do you know of anyone who has been taken to court in Harris County for peaceful travel?

No, I don't. It's not the kind of thing that makes the newspapers, and I have no other way of knowing.

While it is quite possible that charges would ultimately be dropped or reduced to something like disorderly conduct, an arrest would result in an arrest record, sitting in a cell with smelly drunks, and hundreds if not thousands of dollars in legal fees. It's worth thinking about.

- Jim

seamusTX

It would be like prohibiting pets in a hotel room. It wouldn't be a crime (in my non-lawyer opinion).

- Jim

seamusTX

30.06 applies only to CHL holders.

If you don't have a CHL and you're traveling (whatever that means) you only have to worry about the places covered by 46.03. And if you're in one of those places (schools, etc.), you probably are not traveling.

- Jim

seamusTX

In Texas, travelers are permitted to carry handguns legally. No one knows for sure what "traveling" is, but the law says:

(i) For purposes of Subsection (b)(3), a person is presumed to be
traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class
C misdemeanor that is a violation of a law or ordinance regulating
traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section
71.01; and
(5) not carrying a handgun in plain view.

However, Houston is in Harris County; and the district attorney of Harris County will prosecute non-CHL holders caught with a handgun.

- Jim

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