Can you carry a gun in your car without a gun license? Texas is known for its “Come and Take It” sign and having some of the most passionate gun owners around the nation. Texas gun owners enjoy a wide range of freedoms concerning their Second Amendment rights. One common question among gun owners and potential gun buyers in Texas is whether or not it is legal to carry a loaded gun in a vehicle.
The short answer is yes, it is legal to keep a firearm loaded and within reach of the driver in a vehicle under the Motorist Protection Act.
If you’ve looked online, confusion still lingers around whether driving with a firearm requires a Concealed Handgun License. You don’t! Although you don’t need a gun license, License to Carry, or other documentation to permit commuting with a handgun in a motor vehicle, it’s important to review what Texas law allows before you load up your vehicle as you please. You are responsible to know and understand the gun laws in your state. For example, the Texas Penal Code states the minimum age to carry a handgun is 21 years of age.
In a recent video series on Texas gun laws, Shawn McDonald from SMB Criminal Defense Lawyers educates residents on carrying guns in your vehicle. Here are the three qualifiers to lawfully carry a firearm while in a vehicle in Texas.
- Your weapon must be concealed and not “in plain view.”
- You can’t be a gang member.
- You cannot be committing another crime other than the traffic offense that you were stopped for.
The tricky part of those qualifiers is: what is considered “concealed.” Gun owners typically default to the glovebox or center console to conceal their handguns. With the law up to discretionary judgment, “concealed” is a gray area, but be sure to avoid a gun being plain sight.
If you have concerns about how to conceal a weapon, contact your local attorney to educate yourself on owning firearms safely and responsibly.
Video Transcript:
Interviewer: “Just to kind of give us a Reader’s Digest version of gun laws in Texas in relation to possession, license to carry, that kind of thing.”
Shaw McDonald: “So I think the best place to start is you don’t have a license to carry a gun. you don’t have a license to carry on your person. Can you possess a weapon. And where and when. Ultimately the law boils down to this: you can have a weapon in your vehicle without a license. Has to be concealed. You can’t be a gang member. And you can’t be committing another offense other than the traffic offense for which you were stopped.”
Interviewer: “Ok.”
Disclaimer
*This blog post, “Can you carry a gun in your car without a gun license?”, is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.