Still waiting...

I'm still waiting by the mailbox like a kid who ordered his Magic Decoder Ring from a comic book. It has been 16 days since my Texas Concealed Handgun License course was completed, and I want my little card! But all is not lost...

Yesterday, for the first time in my life, I unquestionably carried a firearm legally. Pursuant to the revisions to Texas Penal Code Chapter 46.02 by Texas HB 1815 (the complete text of HB 1815 can be found here), an individual in Texas can lawfully carry a handgun in their car without a CHL. Some of you are aware of the significance of this issue, others require an explanation.

You seen, in The Lone Star State, there has been an issue with regards to concealed carry without a license while "traveling." The word "traveling" is in quotes because the laws that allowed for this sort of carry literally never defined the word traveling. That is bad. What it effectively did was place the burden of proof on the individual to prove to the State that he/she was traveling if stopped by a Texas Peace Officer. You can see that being an issue, especially in jurisdictions under orders from asshat D.A.'s who believed it was their responsibility to charge everyone with everything.

In 2005, the Texas Legislature thought they could remedy that issue with the passage of SB 378, which was supposed to clarify the idea of traveling and put the burden of proof on the State to prove that an individual, if stopped, was NOT traveling at the time. Because of this burden of proof issue, several more left-leaning D.A.'s actually came out and publicly announced that officers in their districts would still be ordered to arrest for Unlawful Carry of a Weapon and let the court sort out the details. This was very bad, because the very law that was intended to prevent such liberal action almost seemed to harden the resolve of prosecutors who wanted the issue in the courtroom instead of at the discretion of a Peace Officer.

Well, effective September 1, 2007, the rewording of the Penal Code by HB 1815 removed the word "traveling" altogether from 46.02, and in it's place said:

(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.

That works for me. The long and short of it is simply that in Texas, one can carry a loaded handgun in their automobile as long as the handgun is COMPLETELY CONCEALED (if they can see it print under your shirt, it is NOT concealed) and you are not breaking the law (other than a traffice violation), prohibited by law from possessing a firearm (convicted felon, etc.), or the member of a gang.

I still can't wear in public yet, but it's a start. And a sobering start, at that.

As far as the wait for my CHL I.D. goes, I'll just have to be patient. It doesn't help that I ordered custom leather from High Noon Holsters for the Px4 in May, and it probably won't show up until late September if I'm lucky (ironically, right around the time my CHL should arrive).

*sigh*



tweaker