Cofer Luster Criminal Defense Lawyers | June 27, 2024 | Texas Law

Is it illegal to have a gun in the car in Texas?

Can I have a gun in my car in Texas?

The Texas Motorist Protection Act (HB 1815), effective as of September 1, 2007, permits any law-abiding Texas resident the legal right to carry a handgun inside their motor vehicle in Texas (without a Handgun License to Carry) or any other permit. As long as you are legally permitted to own a firearm and the vehicle belongs to you, then the answer is yes; you may have a gun, loaded or unloaded, in your vehicle in the state of Texas.

Notice: Texas does not have laws regulating the carry of legal long guns (rifles or shotguns).

But…

We know. There is always a “but”. Nothing is ever that easy when dealing with criminal law. However, the law is pretty clear and not too hard to grasp. Lawful carry of a gun while in a vehicle in Texas only requires the following four qualifiers:

  • The handgun must NOT be in plain view; it must be concealed or holstered [TPC § 46. 02. (9-5)].
  • You are NOT engaged in criminal activity (excluding Class C traffic misdemeanors). If you are, then you have bigger problems to worry about!
  • Federal law does NOT prohibit you from possessing a firearm. (See end of article for more details)
  • You are NOT a member of a criminal gang.

Concealed from view?

The “plain view” provision is not location-specific; in other words the gun doesn’t have to be in the glove compartment, a case, or anywhere else in particular, it just has to be hidden from view. The gun owner, even without a License to Carry, is also free to wear it in a holster.

Age Provisions?

The Firearm Carry Act of 2021 (HB 1927), effective as of September 1, 2021, permits a person to carry a handgun on their person in a public place without a license to carry, but the qualification for who could lawfully carry a handgun changed. Texas Penal Code §46.02 increased the minimum age to carry a handgun to 21 years old. However, there is still hope for adults under 21 because in a recent court decision (Firearms Policy Coalition, Inc. v. McCraw, 623 F.Supp.3d 740), the United States District Court for the Northern District of Texas ruled this age restriction unconstitutional because law-abiding 18 to 20 year olds are a part of “the people” protected by the Second Amendment. This is not a binding opinion though, so you should avoid carrying a handgun until you are 21 years old.

How about long guns?

Can you carry a rifle in your car in Texas? If you’ve done any serious amount of driving around Texas, surely you have noticed lots of trucks with gun racks. Long guns (rifles/shotguns) DO NOT have to be concealed inside a vehicle and may be loaded and within reach. So, you may proudly display your rifle or shotgun in a gun-rack or just leave it on your seat. Obviously, a gun out in the open is likely to make police uneasy. So, don’t be surprised if a normal traffic stop gets tense if you have your gun in plain view.

Federal prohibitions:

* Federal law prohibits the following nine categories of persons from possessing firearms and ammunition:

  • Persons convicted of for a crime punishable by imprisonment for more than one year (unless gun rights were restored) – also, persons with pending felony charges are also prohibited from possessing firearms;
  • Fugitives from justice;
  • Persons addicted to or who use controlled substances;
  • Persons who have been adjudicated as mental defectives, or who have been committed to a mental institution (unless gun rights were restored);
  • Illegal aliens or persons with nonimmigrant visas;
  • Persons dishonorably discharged from the U.S. armed forces;
  • Persons who renounced their U.S. citizenship;
  • Persons subject to protective orders and certain other domestic court orders; and
  • Persons who have been convicted of misdemeanor crimes of domestic violence.

But the Federal Government is also from where the right to bear arms stems. The Second Amendment of the U.S. Constitution is the basis of our American gun rights. Specifically, federal courts have made owning guns an individual right.

For brevity sake, there are many other legal and technical details that we will not cover here. If you have any questions or concerns about the Texas Motorist Protection Act or about any other weapons crimes in Texas, you should err on the side of caution. Give one of our defense attorneys at Cofer Luster Criminal Defense Lawyers a call to discuss your legal rights with regards to carrying a gun in a vehicle in Texas.

For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers. Give us a call at (682) 777-3336 or visit our convenient location:

We serve Tarrant County and Fort Worth, TX surrounding areas.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101, Fort Worth, TX 76102