texas gun law question

Discussion in 'Firearms' started by SoCal09, Mar 18, 2011.


  1. SoCal09

    SoCal09 Monkey++

    Last night I was pulled over and arrested for driving with an invalid liscense. In the process the two girls in my truck, when presenting their Ids, opened my glove box and made my pistol visible to the other officer. My pistol was taken along with my ammo, but why? They issued me n unlawful carry of a firearm. After bailing out today I looked up the law but don't understand this. Shouldn't castle law prevail?
     
  2. ColtCarbine

    ColtCarbine Monkey+++ Founding Member

    I know nothing of Texas law but here in Oregon if you do not have a CCW then it must be unloaded in plain sight. If it is loaded then it must be outreach of the driver, like in the trunk or locked in the glovebox. However, we have a clause that allows to carry a loaded firearm coming to and from hunting, fishing or shooting range.
     
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  3. ikean

    ikean Monkey++

    they changed the wording of the law, it used to define traveling as over 3 counties over night,...or something. thats what the said when i got my renewal. I wondered@ the time why they were telling people with chls this.Why didnt you tell him you had a weapon?everytime Ive been stopped the officer asks me if I have a weapon.oh, canyon lake...maybe they were hassling spring breakers...i dont know.Good luck.
     
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  4. Minuteman

    Minuteman Chaplain Moderator Founding Member

    I traveled from Oklahoma to South Texas every 2 weeks for many years. I called the State Troopers office and asked about the concealed carry laws. Being out of state I could carry concealed in my vehicle anywhere in the state as long as I was traveling, they told me about the 3 county rule for residents. So if you were within the 3 county limit then you were in violation of the law, assuming you don't have a CCW.
     
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  5. Brokor

    Brokor Live Free or Cry Moderator Site Supporter+++ Founding Member

    I would call the NRA. Then, I would call Alex Jones and write to him. Finally, I would raise bloody hell. Whatever the reason was for doing what he did, that officer is still a douchebag and unamerican. Just guessing, he could probably claim that it was "readily accessible" since the glove compartment was not locked. And if the handgun was loaded, that's even more fuel for his quest to disarm another American. Cops like that deserve to be hanged. Anyway, check the law if you can. In most states, the laws are meant to be confusing and vague in just the right places; it grants their storm troopers the ability to crack down on you without defense.

    YOU are an AMERICAN SOVEREIGN of the REPUBLIC of TEXAS.

    That "officer" is supposed to be under civilian service. And trust me, they know every angle to the gun laws, and most times they are counting on you being ignorant. You can find more at the USA Carry forums: Concealed Carry Discussion

    Good luck to you, and I hope that "officer" becomes unemployed really soon.
     
    SoCal09 likes this.
  6. BAT1

    BAT1 Cowboys know no fear

    In Texas here, you can travel with a loaded pistol as long as it is covered. A rifle too.
    If it was in your glove box, and it was closed, it was covered. It should be legal if it is yours.
    You have two witnesses, they should of given you a receipt at the jail house for your property.
    If you were not doing anything that would endanger the public other than a moving violation ticket, they should have to give it back. You will have to go before a judge to request it back. You did not get due process. Go to Rule Of Law Radio and get Eddie Craig to help you. According to Texas Statues 521 & 522 they require you have a license only if your vehicle weights more that 17,500 lbs and is used for commercial purposes, ONLY, but they deny you that due process. Sounds like a city ordinance issue. Eddie will walk you through the process, to hold them to proper procedure. They have to bring you before a magistrate first to determine if you should go to trial.
     
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  7. SoCal09

    SoCal09 Monkey++

    thanks to everyone for your responses. I was not asked if I was traveling, and the gun was taken without my knowledge and wasn't made aware to me until I arrived at the jail. I will go to the sources yall have provided and keep yall updated.

    The officer was most definately a dick, and I hope Karma finds him soon enough.
     
  8. cool hand luke

    cool hand luke Monkey+

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  9. jim2

    jim2 Monkey+++

    Yep another Gestapo official in action.

    jim
     
  10. Seacowboys

    Seacowboys Senior Member Founding Member

    They put you in jail for not having a drivers license? That really sucks.
     
  11. E.L.

    E.L. Moderator of Lead Moderator Emeritus Founding Member

    Ditto, they had no right to confiscate your weapon. This sounds like some sort of city ordinance, but it is overrulled by state law. I would threaten them with an attorney, you are not required to have a CHL to have a weapon in your vehicle.
     
  12. Minuteman

    Minuteman Chaplain Moderator Founding Member


    Is the 3 county rule still in effect for residents?
     
  13. SoCal09

    SoCal09 Monkey++

    It is. The officer told me while in the back of his vehicle they were only taking it for "safe keeping" since my truck would now be towed. Then when I got to jail he made me sign a ticket saying that it was an unlawful carry.
     
  14. BAT1

    BAT1 Cowboys know no fear

    You shouldn't have signed anything. Get in touch with Eddie Craig.
     
  15. Mountainman

    Mountainman Großes Mitglied Site Supporter+++

    "Last night I was pulled over and arrested for driving with an invalid liscense. In the process the two girls in my truck, when presenting their Ids, opened my glove box and made my pistol visible to the other officer. My pistol was taken along with my ammo, but why? They issued me n unlawful carry of a firearm."

    "I was not asked if I was traveling, and the gun was taken without my knowledge and wasn't made aware to me until I arrived at the jail."

    "The officer told me while in the back of his vehicle they were only taking it for "safe keeping" since my truck would now be towed. Then when I got to jail he made me sign a ticket saying that it was an unlawful carry."

    WTF, OVER!!! What is the real story?
     
  16. Wolfgang2000

    Wolfgang2000 Monkey++

    Understand I'm not agreeing with or condoning this officers actions. Nor am I demonetizing him with the info available. I'm simply trying to add some insight with my 28 years as a LEO.

    SO DON'T SHOOT THE MESSENGER.

    First if you were arrested YOU NEED A LAWYER!!!!!

    It is normal procedure for an officer to secure any personal property that is easily movable, of a stored (towed) veh. If it hadn't been the second charge he could have simply gone to the police/so property room and claim his property. Since there is a second charge the property/gun is now evidence.

    Signing the summons is the same as signing a traffic violation. Under the "implied consent" law, (which most if not all the states have) when you signed for your drivers lic. you consented to certain things. Such as agreeing to appear in court, and or pay the fine etc. Signing the summon is only showing that you acknowledge receipt of the summons. If he hadn't signed the summons he would have been put back in jail till he posted bond on the second charge.

    As tight as the jail space is these days, I find it hard to believe that you were arrested on just a drivers lic. violation, UNLESS there was a warrant attached to said violation. This happens when someone gets a traffic citation and doesn't take care of the ticket. (Go to court or pay the fine.) That is usually a contempt of court warrant, with the bond being the same amount as the under lying traffic charge.

    I can't comment on the validity of the weapons charge. I don't know enough about TX law. I will say that every thing seemed like standard procedure till they gave you the weapons charge summons when you bonded out. BUT it's not that uncommon, especially in small towns.

    The main thing is the gun is now evidence, and only the judge can release it. I say again GET A LAWYER.
     
  17. magnus392

    magnus392 Field Marshall Mags Moderator Emeritus Founding Member

    No, you may have a pistol in your vehicle provided it is out of sight. No traveling stipulation.

    That is indeed the Verbatim Legislation.

    It outlines all of the No-No's of carrying in your car/vehicle/property basically stating what rule violations prosecutable offenses.


    The underlined section may pertain to the original poster, I do not know the level of offense for invalid DL.
     
  18. Pax Mentis

    Pax Mentis Philosopher King Site Supporter

    Are you sure about that CC?

    The reason I ask is that my county sheriff disagrees (he is a friend). According to him and the only laws I can find, carry in a vehicle is like anywhere else, either you must have a CHL or the gun must be in plain sight...but unloaded or "out of reach" doesn't come into it.

    Are you possibly talking about city ordinances in Portland or some of the other cities up in the Salem to Seattle People's State?
     
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