Gold & Silver Forum - Texas - HB 1815 Concealed Carry in Vehicle as of Sept. 1 2007

BACKGROUND AND PURPOSE

In the 79th session, the Legislature passed a law that was intended to legalize the carrying of handguns in private motor vehicles by persons not licensed by the Texas Department of Public Safety (DPS) to carry concealed handguns. Prior to that, the law had established a �defense to prosecution� against a charge of unlawful carrying of a weapon (UCW) if you were �traveling.�

The 2005 law established a legal �presumption� in Penal Code Section 46.15 that a person was �traveling� if he or she was in a private motor vehicle; was not engaged in criminal activity other than a Class C misdemeanor or other traffic regulation; was not prohibited by law from possessing a firearm; was not a member of a criminal street gang; and was not carrying a handgun in plain view.

However, some District Attorneys instructed police departments to continue making UCW arrests of motorists who would qualify for the �traveling presumption� despite the clear intent of the Legislature to establish protection for such motorists from such arrests in state code. Unsuspecting motorists who believe they are complying with the intent and spirit of the law could still face arrest and UCW charges � and then be forced to spend time and resources hiring an attorney to submit evidence that they qualify for the �traveling presumption� under the law.

C.S.H.B.1815 would make it clear that a person has a right to carry a handgun, club or certain knives on the person�s own premises or premises under his control, or inside of, or en route, to a motor vehicle under the person�s control. It would redefine the UCW offense in Penal Code Section 46.02 and specify that the same criteria a person has to meet in order to qualify for the �traveling presumption� under current law would need to be met under Section 46.02 to avoid committing a UCW offense.

read more: http://www.capitol.state.tx.us/BillL...0R&Bill=HB1815