View Full Version : Quck Question: Texas: Rifle: Loaded Magazines: Car: Transport
kaiservontexas
01-29-10, 23:07
Is it legal to have your magazines loaded in transport for your rifle? I am going to a friend's property tomorrow, so, I am taking my build out with me to pop its cherry. I have 3 loaded PMAGs in the soft case magazine slots on the outside. Should I unload them and toss the rounds into the range bag, or it ok as is?
I am not expert but in many states where open carry is allowed the same is true of long guns in vehicles. I drive to the range with all of my mags pre-loaded and at least one long gun loaded.
Jay Cunningham
01-30-10, 04:57
You need to be real careful to check the laws for your individual state. I'm pretty sure what you described is illegal in PA even with a valid LCF.
kaiservontexas
01-30-10, 06:34
I always go pre-loaded, but I typically carry them in my range bag. I wanted to consolidate my gear since it is just for the day. I do not need to look like a pack mule. Anyway, I moved the magazines into the range bag to be on the safe side. 8Am comes early, so, I will be checking until that time. Thanks everybody.
You need to be real careful to check the laws for your individual state. I'm pretty sure what you described is illegal in PA even with a valid LCF.
+1 Same for Ohio.
Texas law doesnt matter wether its loaded or not. If you can legally carry the weapon, you can carry it loaded.
Your loaded mags are fine.
areas governed by Texas Parks & Wildlife are an exception.
my question is, why only three Pmags :p
kaiservontexas
01-30-10, 07:02
Thanks Randolph
To be honest I am running a test on my build, do not know if it will be safe to discharge, and I do not want to eat up my ammo stash. I am bringing it along so that if it is safe to discharge I will. My friend does not know, we leaving soon, if somebody has built a house next to the plot of land or what since the last time he was out there, in which case unsafe to discharge. In this case better to have it on hand cause there is no turning back for 3 hours to get it, 3 hours to come back. Other then that land clearing today . . .
you are ok...it is legal for tx residents to have a loaded pistol within reach in your auto (out of site though) even if you do not have your tx chl.
I keep my ar within arms reach with a mag in the gun but not chambered when heading back and forth to the ranch.
If stopped, I would let leo know right away.
okay,
let your friend discharge the weapon, you hold the camera :D
have fun putting brass on the ground.
what area of The Great State are you in ?
Thanks Randolph
To be honest I am running a test on my build, do not know if it will be safe to discharge, and I do not want to eat up my ammo stash. I am bringing it along so that if it is safe to discharge I will. My friend does not know, we leaving soon, if somebody has built a house next to the plot of land or what since the last time he was out there, in which case unsafe to discharge. In this case better to have it on hand cause there is no turning back for 3 hours to get it, 3 hours to come back. Other then that land clearing today . . .
ForTehNguyen
01-30-10, 10:30
theres no law against having a loaded/unloaded long gun (even in the open) in a vehicle in texas
thopkins22
01-30-10, 10:38
LOL Loaded magazines.
Hell yes you can drive with loaded rifle magazines. In Texas it's illegal to open carry a pistol, but not a rifle.
In your car it matters even less, as you're allowed to carry a loaded handgun in your car without a CHL as well.
While I believe in standing up for our rights, there are lots of things that are legal, but make LEOs nervous. I'd just load my mags at the range. If you insist on carrying loaded mags, I'd make sure they're out of reach (trunk, truck bed).
Good luck having an AR15 and loaded mags in the backseat if you get pulled over by DPS. ;)
thopkins22
01-30-10, 18:37
...there are lots of things that are legal, but make LEOs nervous. I'd just load my mags at the range. If you insist on carrying loaded mags, I'd make sure they're out of reach (trunk, truck bed).
Good luck having an AR15 and loaded mags in the backseat if you get pulled over by DPS. ;)
Why would you need luck to not get arrested for something that's legal? There is no need to "play it safe."
While I believe in standing up for our rights, there are lots of things that are legal, but make LEOs nervous. I'd just load my mags at the range. If you insist on carrying loaded mags, I'd make sure they're out of reach (trunk, truck bed).
Good luck having an AR15 and loaded mags in the backseat if you get pulled over by DPS. ;)
You can drive around all day in Texas with a loaded AR and a round in the chamber. If you get stopped by DPS, they may take whatever steps they want to for safety while they conduct the traffic stop. They will not do anything to you for having a loaded rifle because it is not illegal. DPS officers are the most professional and level headed police officers I have ever dealt with.
You can have loaded mags in your hat, dangling from the mirror or stuffed down your pants. It doesn't matter. It's not illegal in Texas.
Gringop
Perhaps you need to re-read my post. I'm well aware of Texas laws. I'm also aware that DPS officers are a cut above most other LEOs.
My suggestion to travel with unloaded magazines is to give LEOs a break. They're under enough stress. Also, you don't seem to be aware that you can be arrested any time a cop feels like it. It's your time and money so roll how you want.
Remember TX changed the law for lawful carrying of weapons. You are now allowed to carry a loaded weapon in your vehicle as long as it is concealed as the vehicle is considered part of your home. I always have some loaded mags when I go to the range. I have had up 10 14+ loaded mags in the old bug out bag ready to head to the range.
http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.46.htm
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 109, ch. 49, Sec. 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 14, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, Sec. 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, Sec. 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 262, Sec. 21, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 873, Sec. 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 168, Sec. 1, eff. Sept. 1, 1991. Redesignated from Penal Code Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, Sec. 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 998, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 24, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 1, eff. September 1, 2007.
kaiservontexas
01-30-10, 21:15
Will INFIDEL (my lower build on a LaRue Tactical DMR upper) ran great from the get go. I am very happy. I did not goof the build. I carried the magazines loaded in my range bag separate from the soft carry case. I probably will not next time. I never do for range trips, but that is not a 2 + drive; so I was more concerned with my ignorance. Next time more ammo definitely. I love the freedom from the range as well because I could move and shoot for a change. I did quite well hitting the target. I did not get any sub-MOA type groups, but nobody in the world would have wanted to stand down range from me. It hit the target each time. I did not take pictures of this as my friend was clearing one side while I was elsewhere in a total different direct with a hill backstop. All in all a great time. Thanks everybody, and I did not mean to start an argument. The way I see it as long as you are within the law it does not matter.
I am well aware of travelers laws and handguns. I had my Baby Eagle with me. I was going to grab the Glock 17, but .40S&W was begging to be shot (Baby Eagle is a .40).
thopkins22
01-30-10, 22:30
Perhaps you need to re-read my post. I'm well aware of Texas laws. I'm also aware that DPS officers are a cut above most other LEOs.
My suggestion to travel with unloaded magazines is to give LEOs a break. They're under enough stress. Also, you don't seem to be aware that you can be arrested any time a cop feels like it. It's your time and money so roll how you want.
They won't arrest you unless they can charge you with something. They can however detain you for 24 hours. Why would they do that? Just because they're intimidated by a scary gun?
If you want to give them a break don't drive in a fashion that gets you pulled over in the first place. I cannot fathom a situation where my carrying loaded magazines(we're not even talking about a loaded gun which is also legal,) would put an officer under such stress that he would vindictively arrest me on bogus charges or just for the hell of it.
By your logic legally carrying concealed is a terrible thing for police officers?
What's that old song......"God Bless Texas.......". Great State for Gun Laws. It's the same here in New Mexico. You vehicle is an extension of your home. Carry loaded all you want in your motorized vehicle, including boats.
Now I hear Utah may have some unusual laws about carrying a loaded firearm in your vehicle.
OH58D
kaiservontexas
01-30-10, 22:55
Houston metro zone
thopkins22
01-30-10, 22:59
Houston metro zone
What range? IM me sometime and we'll get to the range. I'm a member at PSC and can bring two guests. At least one other member here is also a member there.
xjustintimex
01-31-10, 01:04
I live in texas and was wondering about these laws as well. I was under the impression a rifle had to be concealed in the back with ammo up front? so thats how Ive always transported... also it seems that that article says you have to be living in the vehicle?
thopkins22
01-31-10, 01:11
I live in texas and was wondering about these laws as well. I was under the impression a rifle had to be concealed in the back with ammo up front? so thats how Ive always transported... also it seems that that article says you have to be living in the vehicle?
I'm not a lawyer, read the law for yourself. The pertinent parts have already been posted in this thread.
It is legal to carry a long arm on your person in the state of Texas...this includes inside your automobile. The only legal question in the past was what constitutes "traveling" in order to carry a concealed loaded handgun in my car. Recently the law was clarified regarding this and you can now carry a concealed handgun in your car, and long arms are able to be open carried, same as they always were.
Living in your vehicle? Google "castle doctrine," and I think it will explain itself.
TheDutchman
01-31-10, 08:14
PC 46.02 only applies to handguns not rifles or shotguns.
Remember TX changed the law for lawful carrying of weapons. You are now allowed to carry a loaded weapon in your vehicle as long as it is concealed as the vehicle is considered part of your home. I always have some loaded mags when I go to the range. I have had up 10 14+ loaded mags in the old bug out bag ready to head to the range.
http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.46.htm
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 109, ch. 49, Sec. 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 14, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, Sec. 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, Sec. 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 262, Sec. 21, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 873, Sec. 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 168, Sec. 1, eff. Sept. 1, 1991. Redesignated from Penal Code Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, Sec. 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 998, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 24, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 1, eff. September 1, 2007.
kaiservontexas
01-31-10, 08:27
What range? IM me sometime and we'll get to the range. I'm a member at PSC and can bring two guests. At least one other member here is also a member there.
American Shooting Center, the one in the park near West Oaks Mall.
TheDutchman
01-31-10, 08:42
Sorry but part of this statement is not correct, one can not just simply walk down the street with a rifle or shotgun in the open on his/her person. PC Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: 8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm. However PC 42.01 does not apply to long guns in a motor vehicle.
I'm not a lawyer, read the law for yourself. The pertinent parts have already been posted in this thread.
It is legal to carry a long arm on your person in the state of Texas...this includes inside your automobile. The only legal question in the past was what constitutes "traveling" in order to carry a concealed loaded handgun in my car. Recently the law was clarified regarding this and you can now carry a concealed handgun in your car, and long arms are able to be open carried, same as they always were.
Living in your vehicle? Google "castle doctrine," and I think it will explain itself.
TheDutchman
01-31-10, 08:49
Show me where in the Texas PC, CCP, or case law where an officer can detain someone for 24 hours and not charge said person with an offense?
They won't arrest you unless they can charge you with something. They can however detain you for 24 hours. Why would they do that? Just because they're intimidated by a scary gun?
If you want to give them a break don't drive in a fashion that gets you pulled over in the first place. I cannot fathom a situation where my carrying loaded magazines(we're not even talking about a loaded gun which is also legal,) would put an officer under such stress that he would vindictively arrest me on bogus charges or just for the hell of it.
By your logic legally carrying concealed is a terrible thing for police officers?
thopkins22
01-31-10, 12:24
Sorry but part of this statement is not correct, one can not just simply walk down the street with a rifle or shotgun in the open on his/her person. PC Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: 8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm. However PC 42.01 does not apply to long guns in a motor vehicle.
"...in a manner calculated to alarm." That doesn't make anything I said incorrect.
It's illegal to brandish a knife in a manner that would cause alarm as well. That doesn't mean I can't carry a knife most places.
While I believe in standing up for our rights, there are lots of things that are legal, but make LEOs nervous. I'd just load my mags at the range. If you insist on carrying loaded mags, I'd make sure they're out of reach (trunk, truck bed).
Good luck having an AR15 and loaded mags in the backseat if you get pulled over by DPS. ;)
Luck doesn't enter into it, I had this happen while driving back to school earlier this month. The trooper glanced into the back seat where my AR was in condition 3, took my ID and insurance, then gave me a warning for speeding.
xjustintimex
01-31-10, 19:04
Luck doesn't enter into it, I had this happen while driving back to school earlier this month. The trooper glanced into the back seat where my AR was in condition 3, took my ID and insurance, then gave me a warning for speeding.
we neeed to go shoot. I live in CS too
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