RRK & Associates

Texas will issue non-resident permits to residents of states that do not issue permits/licenses to carry firearms.
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* A place of business that derives 51% or more of its income from the sale or service of alcoholic beverages for on premises consumption
* On premises of a correctional facility
* On the physical premises of a school, an educational institution, or a passenger transportation vehicle of a school or an educational institution, whether the school or educational institution is public or private,
* On the premises where a high school, collegiate or professional sporting event of interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event
* On the premises of a polling place on the day of an election or while early voting is in progress.
* racetrack; secured area of an airport
* In any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court.
* *on the premises of a church, synagogue, or other established place of religious worship.
* *On the premises of a Hospital licensed under the Health and Safety Code
* *On the premises of a nursing home licensed under the Health and Safety Code
* *Amusement parks. Amusement Parks means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
* Public or private premises conspicuously posted with this sign do
* Items above marked * Do not apply if the actor was not given effective notice under Section 30.06.

30.06(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

In order to provide notice that entry on property by a license holder with a concealed handgun is forbidden, Penal Code Section 30.06(c)(3)(A) requires that a written communication contain the following Language: 30.06 Sign.

Penal Code Section 30.06(c)(3)(B) further states that a sign must meet the following requirements:

i. includes the language described by Paragraph (A) in both English and Spanish;

ii. appears in contrasting colors with block letters at least one inch in height; and

iii. is displayed in a conspicuous manner clearly visible to the public.

Car/Gun law summary
Date updated: Tuesday, August 24, 2004

See Peaceable Journey Section.

§46.15 (g)

For the purpose of Subsection (b)(2), "premises" includes a recreational vehicle that is being used by the person carrying the handgun, illegal knife, or club 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.

Admin Note: §46.15 (g) makes it legal for anyone who can legally own a firearm to have a loaded firearm inside the confines of a motor home, travel trailer etc. The law does not specify if the vehicle can be moving or parked.

Federal Law on the Transportation of Firearms. Title 18 U.S.C. Section 926A

Must inform Law Enforcement when Carrying
Date updated: Saturday, December 4, 2004

TGC 411.205:

If you are asked by a law enforcement officer to show ID (as in a traffic stop), you are REQUIRED to volunteer that fact you are armed by showing your CHL along with driver's license. When they run your DL, it will show if you have a Texas Resident CHL, so they WILL find out. DPS says the first time you fail to show a CHL, you license 'may' be suspended for 90 days, the second time, 3 years and the third time it may be revoked. (I do not think they are enforcing this rigorously.) The third time 'might' be a Class B misdemeanor but the 2nd time would not. A Class B would result in an automatic revocation which costs your CHL for 5 years.

Carrying without a Permit/License
Date updated: Thursday, July 8, 2004

It is illegal to carry a handgun openly in Texas. More than one reader has emailed me telling me this. They have included the following quotes from the Texas law. All have also said that their instructor in the CHL class stated open carry of handguns is illegal in Texas. Most said, "There is no open carry". "A CHL holder can be arrested and charged with intentional failure to conceal a handgun".

§ 46.035. Unlawful Carrying of Handgun by License Holder

(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

The following was taken from the Texas DPS FAQ Page.
Q: Can I still carry a handgun without a permit while traveling?
A: Yes. The concealed handgun law augments existing state weapons laws but does not replace them. The offense of unlawfully carrying a weapon does not apply if you are traveling.

Q: What does concealed mean? Can't I carry my handgun in plain view?
A: No. The weapon can't be visible, and its presence can't be discernible through ordinary observation.

Also see Peaceable Journey Law Summary below.

§ 46.02. Unlawful Carrying Weapons

(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.

(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.

Peaceable journey law summary:
Date updated: Sunday, April 4, 2004

See the "Car/Gun law summary" section for more info.

There is a "traveling" exemption in the law for non-CHL holders -- it is no longer a "defense to prosecution", but instead renders the prohibition "not applicable" see PC 46.15 of the Penal Code. However, "traveling" is still defined by case law, and varies between jurisdictions. The alleged rule about "crossing two county lines" is case law, and not binding. I wouldn't advise anyone to depend on it.

Summary:

Basically, you have to be directly in route between two distant points. It also must be a "non-routine" trip -- commuting to work doesn't count. Someone from out of state would almost certainly be traveling, but only while actually in transit. Once you get to your destination in Texas, you can't carry it around in your car and claim to be traveling -- at least not until you embark on your return trip home.

Also, this prohibition only applies to handguns. Long guns are not prohibited by this law, although there are some municipalities that have enacted local regulations (which are in violation of state law, but that's another matter).

History for this field
Deadly force law summary:
Date updated: Friday, March 12, 2004

Chapter 9. Justification Excluding Criminal Responsibility
Subchapter A. General Provisions

§ 9.21. Public Duty.
§ 9.22. Necessity.
§ 9.31. Self-Defense.
§ 9.32. Deadly Force In Defense Of Person.
§ 9.33. Defense Of Third Person.
§ 9.34. Protection Of Life Or Health.
§ 9.41. Protection Of One's Own Property.
§ 9.42. Deadly Force To Protect Property.
§ 9.43. Protection Of Third Person's Property.
§ 9.44. Use Of Device To Protect Property

Admin Note: There could be other sections of the Texas Code that pertains to Deadly Force or Use of Force. Case Law also has a huge impact on Deadly Force laws. It is your responsibility to know the Law.

Knife carry law summary:
Date updated: Saturday, December 4, 2004

§ 46.01. Definitions In this chapter:

(6) "Illegal knife" means a:

(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stiletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

§ 46.02. Unlawful Carrying Weapons

(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.

§ 46.05Prohibited Weapons

(a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(5) a switchblade knife;

State/local preemption law:
Date updated: Sunday, April 4, 2004

Offices relating to CHL licensing in Texas
Licensing Authority:
Texas Department of Public Safety
P O Box 4143
Austin, Texas 78765-4143
Phone: (512) 424-7293 or (800) 224-5744
Fax: Unk
Email: chl@txdps.state.tx.us

Attorney General:
Attorney General
P. O. Box 12548
Austin, Texas 78711-2548
Phone: (512) 463-2100
Fax: Unk
Email: cac@oag.state.tx.us

States that honor this state's Permit/License:
State Resident/Non-resident1 Date Updtd Note
Alaska 2004-09-11 See the General Notes Area of the AK Page
Arizona Non-resident Permit/License ok 2003-02-07 see http://www.dps.state.az.us/ccw/recip.htm
Arkansas Non-resident Permit/License ok 2003-02-06 http://www.asp.state.ar.us/chl/chl_gen2.html#Recip
Colorado Non-resident Permit/License ok 2005-01-03 http://cbi.state.co.us/ccw/reciprocity.asp
Florida Resident Permit/License only 2003-03-13 http://licgweb.doacs.state.fl.us/index.html
Georgia Non-resident Permit/License ok 2004-11-30 www.ganet.org/ago/press/press.cgi?year=2004
Idaho Non-resident Permit/License ok 2003-02-13 http://www.packing.org/state/index.jsp/idaho
Indiana Non-resident Permit/License ok 2003-02-07 http://www.in.gov/isp/faq/index.html
Kentucky Non-resident Permit/License ok 2003-03-13 http://www.kentuckystatepolice.org/conceal.htm
Louisiana Non-resident Permit/License ok 2003-02-06 http://www.lsp.org/handguns.html
Michigan Resident Permit/License only 2003-02-24 http://www.michigan.gov/ag
Mississippi 2004-09-19 http://www.dps.state.ms.us/dps/dps.nsf/main
Missouri Non-resident Permit/License ok 2004-02-27
Montana Non-resident Permit/License ok 2003-02-07 http://www.doj.state.mt.us/enforcement/default.asp
North Carolina Non-resident Permit/License ok 2004-04-20 www.ncdoj.com
Oklahoma Non-resident Permit/License ok 2004-07-01 http://www.osbi.state.ok.us/PublicServices/SDA.htm
Tennessee Non-resident Permit/License ok 2004-07-01 www.tennessee.gov/safety/reciprocity.html
Utah Non-resident Permit/License ok 2003-02-06 http://bci.utah.gov/CFP/CFPFAQ/FAQOther.html
Vermont 2004-09-11 see general notes section of VT page
Virginia Non-resident Permit/License ok 2004-07-01 http://www.vsp.state.va.us/cjis_reciprocity.htm
Wyoming Non-resident Permit/License ok 2003-02-06 http://attorneygeneral.state.wy.us/dci/CWP.html