RV traveling in TX, legal way to carry gun ?

[j1132s]

Hi,

It's been a while since I'm in TX and on this board. I hope everybody is doing well.

I'm planning a road trip thru TX in a rental RV and was wondering if I can keep a loaded hand gun (carry concealed on my person) while I'm in the RV. From what I read, it seems legal to do so in a car if I own the car; not entirely sure about a rental RV. Links to info would be greatly appreciated.

If the pistol carry isn't legal, I'm debating whether to take the pistol with me in the RV but storing it unloaded and locked in a portable pistol safe (magazine will be unloaded and stored in a different location). This seems to be legal for all the places I intend to go, but it also renders it pretty much useless in most SD situations.

I currently do not have any license to carry for any state.

thanks!

[OldCurlyWolf]

Basically it comes under two different laws, unless you have a concealed carry license from another state. Texas honors all other state licenses.

1. MPA - Motorist Protection act. Loaded inside a vehicle out of sight is legal, as long as no prohibited persons have access to it.
Without a CCL, you have to leave it in the vehicle when you are outside the vehicle.

2. Castle Doctrine - When parked for overnight the RV is considered to be the same as your house. No Prohibited Persons access still stands.

There should be some more info on http://www.handgunlaw.us/.

Have a good trip and visit.

[Mike S]

Texas Penal Code 46.02 says that you can carry it on your own premises or premises under your control, as well as inside your vehicle.

It goes on to define premises, for the purpose of this statute (which differs from the definition in TPC 46.035f3) as including real property and a RV being used as living quarters (temporary or permanent). It even gives examples such as travel trailers, camping trailers, truck camper, motor home, & horse trailer with living quarters.

It may be loaded, but under the vehicle clause MUST BE concealed unless you have a valid license to carry (then it can be visible if it's in either a belt or shoulder holster).

Hope this helps, & Welcome Back!

[Pawpaw]

Here 'ya go. I hilighted the most important parts for you.

(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 or watercraft 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 or watercraft that is owned by the person or under the person’s control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; 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 or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, “premises” 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 vehicle” 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.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(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.

[thetexan]

As stated, 46.02 does not restrict carrying in your premises (an RV by statutory definition). And there is no restriction against open carry while on or in your premises....under 46.02 without a license or under the authority of your 411 license.

tex

[j1132s]

Thanks for the detailed info.

[Abraham]

j1132s,

Remember, if you carry on your person without an LTC inside your RV, remove your pistol before exiting the vehicle.

Without an LTC I wouldn't carry on my person in the RV. I think doing so is an idea fraught with severe consequences.

Example: LEO stops you and commands you to step outside the vehicle and you go to remove your pistol before exiting...bad ju-ju...

[ScottDLS]

j1132s,

Remember, if you carry on your person without an LTC inside your RV, remove your pistol before exiting the vehicle.

Without an LTC I wouldn't carry on my person in the RV. I think doing so is an idea fraught with severe consequences.

Example: LEO stops you and commands you to step outside the vehicle and you go to remove your pistol before exiting...bad ju-ju...

But it's the same for everyone carrying under MPA. It's probably not that uncommon for people to carry IAW MPA on their person...

[The Annoyed Man]

j1132s,

Remember, if you carry on your person without an LTC inside your RV, remove your pistol before exiting the vehicle.

Without an LTC I wouldn't carry on my person in the RV. I think doing so is an idea fraught with severe consequences.

Example: LEO stops you and commands you to step outside the vehicle and you go to remove your pistol before exiting...bad ju-ju...

"Hello officer Jones, I hope you're having a good day. Officer, I am carrying a firearm at the moment, under authority of the MPA, but I do not have a LTC. So in order to remain compliant with the law, I need to disarm before I exit my vehicle. How would you like me to proceed with disarming before I exit the vehicle? Shall I do it, or would you prefer to disarm me yourself? I'll follow whatever your instructions are, so we can both get home safely at end of shift."

[sherlock7]

Texas Penal Code 46.02 says that you can carry it on your own premises or premises under your control, as well as inside your vehicle.

It goes on to define premises, for the purpose of this statute (which differs from the definition in TPC 46.035f3) as including real property and a RV being used as living quarters (temporary or permanent). It even gives examples such as travel trailers, camping trailers, truck camper, motor home, & horse trailer with living quarters.

It may be loaded, but under the vehicle clause MUST BE concealed unless you have a valid license to carry (then it can be visible if it's in either a belt or shoulder holster).

Hope this helps, & Welcome Back!

Mike, if I understand you correctly; if I have a current CHL and my handgun is on my waist in a holster while driving by car in Texas, I am perfectly legal?
Thanks.

USMC
Semper Fi

[Mike S]

Texas Penal Code 46.02 says that you can carry it on your own premises or premises under your control, as well as inside your vehicle.

It goes on to define premises, for the purpose of this statute (which differs from the definition in TPC 46.035f3) as including real property and a RV being used as living quarters (temporary or permanent). It even gives examples such as travel trailers, camping trailers, truck camper, motor home, & horse trailer with living quarters.

It may be loaded, but under the vehicle clause MUST BE concealed unless you have a valid license to carry (then it can be visible if it's in either a belt or shoulder holster).

Hope this helps, & Welcome Back!

Mike, if I understand you correctly; if I have a current CHL and my handgun is on my waist in a holster while driving by car in Texas, I am perfectly legal?
Thanks.

USMC
Semper Fi

Correct.

With the adoption of open carry in 2015 (with a Texas LTC/CHL, or another state's carry license that is recognized by Texas) you may open carry in a belt or shoulder holster (inside your vehicle, or outside your vehicle).

For those without a Texas LTC or a reciprocal out of state license to carry, the handgun must remain out of plain view (ie, concealed) while inside their vehicle. There's a couple caveats to this, such as not being a prohibited person; not a member of a criminal street gang; & not otherwise commiting a crime (other than a Class C traffic misdemeanor).

[Abraham]

TAM's approach is excellent if all concerned are in an emotionally stable situation, but what happens if the LE is upset that you, the gun totin driver without an LTC blew through a stop sign you didn't see or you were speeding or some traffic offense causes the LE to become angry before he stops you?

On occasion, situations develop that cause the LE to want you out of the vehicle NOW, NOW, NOW!

Your calm, reasonably delivered measured speech about being armed without an LTC, etc. and how does the LE want to handle it as the LE is loudly commanding you to get out of the vehicle could go very sideways...thus my recommendation to not wear a holstered pistol on your person while driving under the MPA.

You can have it easily accessible and concealed - no need to strap it on.

[Soccerdad1995]

TAM's approach is excellent if all concerned are in an emotionally stable situation, but what happens if the LE is upset that you, the gun totin driver without an LTC blew through a stop sign you didn't see or you were speeding or some traffic offense causes the LE to become angry before he stops you?

On occasion, situations develop that cause the LE to want you out of the vehicle NOW, NOW, NOW!

Your calm, reasonably delivered measured speech about being armed without an LTC, etc. and how does the LE want to handle it as the LE is loudly commanding you to get out of the vehicle could go very sideways...thus my recommendation to not wear a holstered pistol on your person while driving under the MPA.

You can have it easily accessible and concealed - no need to strap it on.

As long as there are no prohibited person's in the vehicle, this problem can be solved by keeping the loaded gun in a glove compartment or somewhere else that is within arms reach, and concealed. Note that under MPA, you are not obligated to disclose the presence of a weapon.

[Deltaboy]

Have a Great trip and keep it out of sight.