This is from an October 2007 Dallas Observer article. The bottom line is that you can carry or travel with a firearm any time you wish. This predates the SCOTUS ruling on the Second Amendment right to keep and bear arms. Thank goodness Texas is sane on the right of a citizen to keep, carry and, if necessary, use a firearm. Also, a long gun, rifle to most of us, has virtually no restriction in its possession or carry.The new law, the first bill Governor Rick Perry signed from the last session of the Legislature, now allows gun owners without a permit to carry a concealed gun both "to and from" their premises and their vehicles. Guns can be carried in cars with a few restrictions: They must be hidden from plain view, and the owner cannot be involved in criminal activity or a criminal street gang or otherwise prohibited by law from carrying a weapon.
In other words, if you're caught carrying a concealed pistol on the street and don't have a permit, tell the cop you're walking between your car and your home, either getting ready to travel somewhere or coming home. The burden now falls on the police officer to prove you are not really "traveling," which Dallas District Attorney Craig Watkins says is virtually impossible.
Wednesday, July 9, 2008
I'll carry my gun by God!
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2 comments:
Yeh, you should hear the stories of "I'm on the way to my car."
You really should have car keys and a car nearby if you use that one.
[The burden now falls on the police officer to prove you are not really "traveling," which Dallas District Attorney Craig Watkins says is virtually impossible.]
Sounds like he will really TRY to prosecute those cases. Maybe he should quit and become a defense attorney.
He probably thinks the word STUPID always comes before POLICE. Hmmmm, I might think IDIOT comes before his name now.
Give me a break.
The Texas District & County Attorney's Association (TDCAA)Criminal Laws book has Legislative notes relating to section 46.02 Texas Penal Code which state:
"This law makes several important changes. The biggest change is that it will no longer be a crime for most people to carry concealed weapons in their motor vehicles, EVEN IF THEY DO NOT HAVE A CONCEALED HANDGUN LICENSE. The defense previously found in section 46.15(b)(2)for a person -on the person's own premises or premises under the person's control- is now an element of the offense that must be DISPROVED by the State in every case. The same rule applies to possession of a gun in your own motor vehicle -- the State must disprove this fact".
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