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Getting My Handgun to the Range

Posted: Thu Jul 20, 2006 12:48 pm
by DDuck
I plan to take my CHL class in a few weeks and I really need to practice. I used to shoot handguns years ago and I just bought a new Glock model 19 that I have not fired yet. My question is what is the proper method of getting my handgun to the range without breaking the law?

DDuck

Posted: Thu Jul 20, 2006 1:02 pm
by propellerhead
As long as it's not on your person. That includes anywhere within reach. Keep it in the trunk. I'd also minimize your trip. Don't stop by the bar. :)

I had a thread about it earlier.
http://www.texasshooting.com/TexasCHL_F ... php?t=2286

Posted: Thu Jul 20, 2006 1:22 pm
by longtooth
Unloaded in the trunk is good. If you have an SUV & no trunk then unloaded, ammo in range bag & gun in the box or pistol rug. Like propellerhead said, your trip needs to be to the range & back.

Posted: Thu Jul 20, 2006 2:14 pm
by seamusTX
Don't forget to check your registration and inspection and make sure your brake lights are working.

I had a police car driving next to me, possibly checking me out. I glanced down at my inspection sticker, and it was months out of date. I wasn't doing anything (else) illegal, but talk about paranoia.

- Jim

Posted: Thu Jul 20, 2006 2:54 pm
by cyphur
I travel with my rifle in a locked case, and ammo in a different bag. I'll do the same with any handgun I have until I get my CHL.

Posted: Thu Jul 20, 2006 3:58 pm
by DDuck
Thanks for the responses, and I also read the thread suggested by propellerhead. When I go to the range it will strictly be to the range and back no stopping to or from the range. I think I will also put the lock on that was furnished with the gun. I would think locked in the trunk plus gun locked also would show that I had no criminal intentions.

DDuck

Posted: Thu Jul 20, 2006 4:29 pm
by seamusTX
You are right about the intent; but under Texas law, having a trigger lock, carrying in a locked case, or being unloaded have no bearing on whether or not you are in legal possession of a weapon.

This is not true of some other states, where locked an unloaded is required.

- Jim

Posted: Thu Jul 20, 2006 8:57 pm
by Renegade
DDuck wrote:Thanks for the responses, and I also read the thread suggested by propellerhead. When I go to the range it will strictly be to the range and back no stopping to or from the range. I think I will also put the lock on that was furnished with the gun. I would think locked in the trunk plus gun locked also would show that I had no criminal intentions.

DDuck
You are mis-reading the law. If you are going directly to/from the range, you can carry your handgun in a holster on your person, as you are protected by 46.15(b)[4]. Though I do not recommend you do this, as the burden of proof will surely be placed on you.

If the handgun is in the trunk, then 46.02 does not apply, so you are free to make whatever lawful stops you wish. Locking it or unloading it has no legal bearing.

Posted: Thu Jul 20, 2006 9:01 pm
by KBCraig
Legally speaking, if you're going to or from the range, it doesn't matter if the handgun is "on or about your person". It can be open or concealed, loaded or not, on your belt or locked in your trunk. Doesn't matter.

And with the new enhancement to the travelling exemption, almost anyone can have a concealed handgun in the vehicle anyway.

Here's the law:

Penal Code Chapter 46
§ 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.

§ 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(4) 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, if the weapon is a type commonly used in the activity;


Kevin

Posted: Thu Jul 20, 2006 9:19 pm
by seamusTX
KBCraig wrote:Legally speaking, if you're going to or from the range, it doesn't matter if the handgun is "on or about your person". It can be open or concealed, loaded or not, on your belt or locked in your trunk.
That is what the law says, but is going to a CHL class an exempt purpose?

What if the classroom and range are separate facilities?
KBCraig wrote:And with the new enhancement to the travelling exemption, almost anyone can have a concealed handgun in the vehicle anyway.
Except in Harris County, because of the DA's opinion.

- Jim

Posted: Thu Jul 20, 2006 9:22 pm
by Crossfire
That is what the law says, but is going to a CHL class an exempt purpose?

What if the classroom and range are separate facilities?
If it wasn't, then how would anybody ever legally get a CHL? :lol:

Posted: Thu Jul 20, 2006 9:36 pm
by DDuck
Thanks KB and Renegade, I had printed out the Texas Cancealed Handgun Laws, but I was having a hard time trying to interpret them, I am certainly no lawyer. I was checking with more knowledgeable folks because I didn't want to mess up getting my CHL before I even got started.

DDuck

Posted: Thu Jul 20, 2006 9:54 pm
by txinvestigator
cyphur wrote:I travel with my rifle in a locked case, and ammo in a different bag. .
Why?

Posted: Fri Jul 21, 2006 9:17 am
by seamusTX
llwatson wrote:
That is what the law says, but is going to a CHL class an exempt purpose?
If it wasn't, then how would anybody ever legally get a CHL? :lol:
I've been trying to understand the law since I first bought a handgun. As I read the law literally, it is illegal for a non-CHL-holder to carry a handgun home from the store or gun show.

I realize people are rarely, if ever, prosecuted for simply possessing a handgun, unless they're involved in something nefarious. Particularly if it is in the trunk of a car, because the police need reasonable suspicion to search the trunk.

- Jim

Posted: Fri Jul 21, 2006 9:29 am
by cyphur
txinvestigator wrote:
cyphur wrote:I travel with my rifle in a locked case, and ammo in a different bag. .
Why?
Mainly b/c the ammo doesn't fit in the rifle case. :lol:


However the rifle case is locked for a number of reasons, none of them having to do with legal issues regarding lawful carry of a firearm.