Texas-Book-Gun Law Armed And Educated - Flipbook - Page 344
Although much was made over this “traveling exception” for
many years, the 2007 passage of the Texas Motorist Protection Act
(creating Texas Penal Code 46.02(a)(3)(B)) essentially put an end
to the questions and uncertainty surrounding this law. As long as
a person complies with the minimum legal restrictions regarding
carrying a handgun in a motor vehicle or watercraft discussed
earlier in this Chapter, what constitutes “traveling” is no longer a
concern.
Hunting and sporting activities
Any non-prohibited person may legally engage in hunting, fishing,
or other lawful sporting activities with a handgun. However, the
handgun must be a type commonly used in whatever sporting
activity the person engages.
D. Public places not otherwise prohibited by law
Generally, public locations (owned by private companies or
individuals) and their premises that are not otherwise prohibited by
law are fair ground for constitutional carriers and LTC holders to
carry their handguns. This would include grocery, convenience, and
retail stores that do not otherwise provide a constitutional carrier
or LTC holder proper notice that handguns are not allowed inside
their premises. Conversely, as previously discussed in Chapter 13,
a store owner or person with apparent authority over a premises
may provide notice by posting compliant signage, individualized
oral notice, or by handing a would-be patron an index card with
the appropriate legal warnings that firearms are not allowed inside.
See Tex. Penal Code §§ 30.05, 30.06, 30.07.
The good news for property owners is that it’s not an all-ornothing proposition. There may be private property owners who
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