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Gold Bullet Member and Noted Curmudgeon
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Discussion Starter #1
A reminder - the "Castle Doctrine" is now the law in Texas. No duty to retreat, if an intruder is engaged in unlawfulness, he is resumed to be a danger and is bought and paid for. Night or day.

Another reminder - the "travel" defense for having a gun in your car is no longer in effect. FINALLY the Lege has done the right thing. If you are in a car and not doing unlawful things (other than fine-only/Class C Misdemeanor traffic offenses, which don't count for this purpose) it is OK to have a handgun in the car. Just has to be out of sight. Some of the places where guns are no-nos remain though, like school property, places that sell booze, hospitals and such. Need to read the statute and digest it a bit - but things are MUCH simpler now and the cops can't say "Well, I don't think you are travelling. You're under arrest" just because there is a gun in the console or glove box..
 

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Diamond with Oak Clusters Bullet Member
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Good to see them take a pro defense stance.
 

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Clyde-

Do you know the legislation cite on that?

As a fully armed fellow Texan, I want to know all the rights I have when protecten the home, wifey & chillins, not my rights or lack there of have ever stopped me from doing what needed doing....
 

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By what miracle did common sense legislation happen in Texas?

I thought the left had taken over much of your government many years ago.
 

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Gold Bullet Member and Noted Curmudgeon
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Discussion Starter #5
Clyde-

Do you know the legislation cite on that?

As a fully armed fellow Texan, I want to know all the rights I have when protecten the home, wifey & chillins, not my rights or lack there of have ever stopped me from doing what needed doing....
Speed, since I quit lawyering, I don't get legislative up-dates, and learned about teh revision that took the ambiguous "traveling" exception pout and replaced it with "OK in the car as long a it is out of sight and you aren't doing bad thiungs except speeding" (so to speak) from a newspaper article interviewing the local Community Liaison on the PD.

That said - it will be in Chapter 46 of the Penal Code.
 

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Gold Bullet Member and Noted Curmudgeon
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Discussion Starter #6
OK - ran down the proper citation with the language amending the Penal Code, It follows:

Carrying a handgun if you are NOT "inside of or directly en route to a motor vehicle that is owned by the person or under the person's control"

Carrying a handgun in a vehicle if "the handgun is in plain view; or the person is engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic; prohibited by law from possessing a firearm; or a member of a criminal street gang, as defined by Section 71.01."

H.B. No. 1815

AN ACT
relating to the prosecution of certain offenses that involve carrying weapons on a person's property or in a person's vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02, Penal Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:
(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.(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.
SECTION 2. Section 46.15(b), Penal Code, as amended by Chapters 1221 and 1261, Acts of the 75th Legislature, Regular Session, 1997, is reenacted and amended to read as follows:
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;
(4) holds a security officer commission issued by the Texas Private Security Board, if:
(A) the person is engaged in the performance of the person's duties as a security officer or traveling to and from the person's place of assignment;
(B) the person is wearing a distinctive uniform; and
(C) the weapon is in plain view;
(5) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;
(6) holds a security officer commission and a personal protection officer authorization issued by the Texas Private Security Board and is providing personal protection under Chapter 1702, Occupations Code; or
(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises.
SECTION 3. The following provisions are repealed:
(1) Section 46.15(h), Penal Code; and
(2) Section 46.15(i), Penal Code, as added by Chapter 288, Acts of the 79th Legislature, Regular Session, 2005.
SECTION 4. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.
SECTION 5. This Act takes effect September 1, 2007.

Hope this helps. As will be noted, in addition to the new language in Section 46.02, the old Section 46.15 defense of travelling remains in effect.
 
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