Texas-Book-Gun Law Armed And Educated - Flipbook - Page 335
hour and a person operating one is considered to be a pedestrian.
Before the Firearm Carry Act of 2021, a person was not able to
legally carry a handgun while traveling in public on such a device
without an LTC.
However, thanks to the 87th Legislature, both LTC holders and
constitutional carriers operating their personal mobility devices
may lawfully carry concealed or openly in a holster publicly as
long as they are not in a prohibited place or provided notice by
a person with apparent authority that handguns are not allowed
on the premises of a non-prohibited location.
The term “watercraft” is defined in Texas Penal Code Section
46.02(a-3) and means “any boat, motorboat, vessel, or personal
watercraft, other than a seaplane on water, used or capable of
being used for transportation on water.” Where watercraft are
concerned, the general understanding is that if you can float it,
you can boat it.
When is a vehicle under a person’s control so as to allow
them to possess a handgun legally?
For those persons under 21 years of age, a motor vehicle or watercraft
must be “under the person’s control” for that individual to lawfully
possess a concealed handgun. A person does not have to be the
owner of the vehicle or watercraft to carry. For instance, a rental car
is the property of the company that rents the car. However, a person
who rents the car from a company and takes possession of the car
is the person who has control over the vehicle. Where vehicles
are concerned, the person “in control” of a vehicle is generally
understood to be the driver, as that is the singular individual who
has the ability to move the automobile. For that reason, a person
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