Cross County weapons carry..

[decuervo]

In the academy we're each assigned a part of the Penal Code (Texas) to give a class over. I drew "weapons" and "organized crime". I couldn't find any articles in the PC about whether or not a person without the CCL can carry weapons while traveling over county lines on a trip somewhere. I've heard you can, and that you can't. Since I have to give a class on it I'd appreciate any answers ya'll can give, especially where I can find the answer myself. Thanks ya'll.

[scott715us]

In the academy we're each assigned a part of the Penal Code (Texas) to give a class over. I drew "weapons" and "organized crime". I couldn't find any articles in the PC about whether or not a person without the CCL can carry weapons while traveling over county lines on a trip somewhere. I've heard you can, and that you can't. Since I have to give a class on it I'd appreciate any answers ya'll can give, especially where I can find the answer myself. Thanks ya'll.

I didn't think you could carry a loaded weapon without a CCL (or CCW)....If you're talkin specifically about TX, I'm sure someone will be responding shortly. ;)

[txinvestigator1]

This is a topic of many debates.

Since you have access to a penal code, I'll just put the section numbers. (IF anyone else wants top follow along, I can post the text, just let me know.)

46.02 states that a person committs a violation if they carry a handgun on or about their person.

The authority for ANYONE to carry a handgun is found in 46.15.

Notice that long guns are not prohibited except for in places designated in 46.03.

46.15 is the section of non-applicability.46.15 states, in various places, things like "section 46.02 does not apply to a person;" then it goes on to list under what circumstances 46.02 does not apply.

They include ;

Security Guards properly registered and following the guard rules, people on their own premises, and "who is traveling".
A traveler under the statute is not defined. Case law indicates some general characteristics as to what has been held to be a traveler.


The subject must make a direct unbroken journey without lengthy stops or deviations in route. A mere pause or brief deviation for purpose of business incidental to the journey have been allowed but courts generally will not allow interruption of a trip for pleasure or deviation for purposes not directly incident to the journey.

Generally the journey must be of some considerable length at least to the extent that he leaves his home county. Distances of 15, 18, 35 and 40 miles have been held insufficient to be "traveling" while 150 miles in one case was held sufficient.

The distance must be considered in relation to time and the mode of travel. What was a bona fide journey in a horse drawn wagon is not necessarily so in an automobile. A 6-7 hour trip in an automobile has been held not to be "traveling". Generally cases require subject to be away from original point of departure at least overnight.
All considerations of whether subject is a traveler must be made remembering that (1) it is the burden of the defendant to show he is a traveler and therefore exempt, and (2) the question of whether subject is traveler is one for the jury. The court has been strict in many cases in requiring clear and convincing proof that defense is genuine and not a sham. The court's attitude in this and other defenses to U.C.W. is characterized by the statement that any incident of carrying such weapons as prohibited in the statute even where a defense exists must not be done "habitually, in roundabout ways, or while loitering in the streets or in unnecessary deviation from the route to which it is being carried.

EXAMPLES:

Subject residing in a county travels to the county seat of that county intending to return the next day held not to be a traveler under the statute. Darby v. State 5 S.W. 90

Where a traveler deflects from his journey on business not connected with his journey, the fact that he initially was a traveler does not prevent conviction. Pecht v. State l99 S.W. 2g0

Mere delay or temporary cessation of the journey on legitimate business incident to journey does not necessarily make one cease to be a traveler. Campbell v. State 125 S.W. 2g0

Subject left on trip at SPM and was to return 11-12 PM the same night held not to be traveler. Vogt v. State 258 S.W. 2d 795

Subject had traveled 25 miles and was preparing to camp out overnight held to be a traveler. Price v. State 29 S.W. 473

NOTE: A fugitive from justice is not a traveler under the statute.
Shelton v. State 11 S.W. 832

[decuervo]

I was hoping you'd reply to this thread. That answers alot of what I needed to know. Think my instructor would would mind if I credited this info to txinvestigator1? Thanks for the info, that was a huge help.

[Joeyd6]

No....but since he did your report, and you get the A, what does he get from you?

[txinvestigator1]

I was hoping you'd reply to this thread. That answers alot of what I needed to know. Think my instructor would would mind if I credited this info to txinvestigator1? Thanks for the info, that was a huge help.

Glad I could help.

[decuervo]

No....but since he did your report, and you get the A, what does he get from you?

That wasn't really part of the assignment, just something I was interested in and I wanted to incorporate into my class. But he does get a heart felt thank you. Best thing I can offer unless he's a patch collector and wants one from here.