Texas-Book-Gun Law Armed And Educated - Flipbook - Page 334
of reasonableness, to frighten the average, ordinary person, they
could be found guilty of disorderly conduct. See State v. Ross, 573
S.W.3d 817, 825 (Tex. Crim. App. 2019).
C. Motor vehicles
Inside of or directly en route to a motor vehicle or watercraft
owned by the person or under the person’s control
Carrying a handgun in a motor vehicle or watercraft is not generally
referred to as “constitutional carry.” However, we will continue to
use the term “constitutional carrier” below to refer to someone who
is 21 years old and not otherwise prohibited by law from carrying a
handgun under the Firearm Carry Act of 2021.
What is the legal definition of a “motor vehicle”? A motor vehicle
is defined in Texas Penal Code Section 32.34(a)(2) and means
“a device in, on, or by which a person or property is or may be
transported or drawn on a highway, except a device used exclusively
on stationary rails or tracks.” This definition is very broad and
includes (but is not limited to) vehicles that are not cars or trucks,
such as:
• Motorcycles;
• Golf carts;
• Motorized scooters;
• ATVs; and
• Riding lawnmowers.
One question that is often asked is whether or not a personal
mobility scooter (like a Rascal) or some other personal mobility
device qualifies as a motor vehicle? Under Texas Transportation
Code Section 552A.0101, a personal mobility device is not a motor
vehicle as long as it is not capable of speeds exceeding 8 miles per
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