Texas-Book-Gun Law Armed And Educated - Flipbook - Page 340
prohibited from possessing a firearm by law, are not allowed to
have a handgun in their vehicle or watercraft. See Tex. Penal Code
§ 46.02(a-1)(2).
If a person is engaged in any crime other than minor traffic or
boating offenses, the person will lose the right to possess a handgun
in their vehicle or watercraft under Texas law. Similarly, the law
generally does not allow individuals who are prohibited from
possessing firearms to have a handgun in their vehicle.
It should be noted, however, that not all traffic violations are Class
C misdemeanors. A person who is stopped by law enforcement for
changing lanes erratically or running other drivers off the road, for
instance, may be charged with reckless driving, which is a crime
where jail time is a possible punishment. In that case, possession of
a handgun in the vehicle would be illegal.
LIMITATIONS ON HANDGUNS IN VEHICLES
TEX. PENAL CODE § 46.04(a-1)
A person who is a member of a criminal street gang, as defined
by Section 71.01, commits an offense if the person intentionally,
knowingly, or recklessly carries on or about his or her person a
handgun in a motor vehicle or watercraft.
How does the law define “criminal street gang”? Texas Penal Code
Section 71.01(d) states that a criminal street gang “means three
or more persons having a common identifying sign or symbol or
an identifiable leadership who continuously or regularly associate
in the commission of criminal activities.” An offense under
this provision is a Class A misdemeanor. See Tex. Penal Code
§ 46.04(e).
Law Of Handgun Carry: Part III 329
