Tex Car/Gun laws

[Redemption]

Quick questions folks: Possibility that I might be moving to Texas (Houston Area) and wanted to check a couple things first.

First: What are the rules about cars, especially out of state transfers? Smog? Inspections? Anything?

2nd: General gun laws: Easy to get concealed carry? Open carry allowed? just the basics.

Thanks!

J

[rolnslo]

Can't answer the 2nd one. Houston isn't so bad that you need to drive around with a gun...well, I take that back...there are some parts but having a gun will likely just get you killed instead.

For the first one:

http://www.txdmv.gov/vehicles/drivers/new_residents.htm

Welcome to Texas, now pay us a $90 "new resident tax" per vehicle......Got nailed on that one with 3 vehicles when I moved here 5 years ago.

[firefighter1]

4 GC §411.172. TEXAS CONCEALED HANDGUN LAWS
a license under this subchapter unless the order of deferred adjudication
was entered against the person for:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable
under Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an offense listed
in Subdivision (1).
GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding
the date of application under this subchapter or is otherwise eligible for
a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor
or equivalent offense, or of an offense under Section 42.01,
Penal Code, or equivalent offense, or of a felony under an information
or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B
misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the
proper use and storage of a handgun;
(8) has not, in the five years preceding the date of application, been
convicted of a Class A or Class B misdemeanor or equivalent offense or
of an offense under Section 42.01, Penal Code, or equivalent offense;
(9) is fully qualified under applicable federal and state law to purchase
a handgun;
(10) has not been finally determined to be delinquent in making a
child support payment administered or collected by the attorney general;
(11) has not been finally determined to be delinquent in the payment
of a tax or other money collected by the comptroller, the tax collector of
a political subdivision of the state, or any agency or subdivision of the
state;
(12) is not currently restricted under a court protective order or subject
to a restraining order affecting the spousal relationship, other than
a restraining order solely affecting property interests;
(13) has not, in the 10 years preceding the date of application, been
adjudicated as having engaged in delinquent conduct violating a penal
law of the grade of felony; and
(14) has not made any material misrepresentation, or failed to disclose
any material fact, in an application submitted pursuant to Section
411.174.
(b) For the purposes of this section, an offense under the laws of this
state, another state, or the United States is:
TEXAS CONCEALED HANDGUN LAWS GC §411.172. 5
(1) except as provided by Subsection (b-1), a felony if the offense,
at the time the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law
of this state as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary;
and
(2) a Class A misdemeanor if the offense is not a felony and confinement
in a jail other than a state jail felony facility is affixed as a possible
punishment.
(b-1) An offense is not considered a felony for purposes of Subsection
(b) if, at the time of a person's application for a license to carry a
concealed handgun, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by
a law of this state as a felony.
(c) An individual who has been convicted two times within the10-year
period preceding the date on which the person applies for a license of
an offense of the grade of Class B misdemeanor or greater that involves
the use of alcohol or a controlled substance as a statutory element of the
offense is a chemically dependent person for purposes of this section and
is not qualified to receive a license under this subchapter. This subsection
does not preclude the disqualification of an individual for being a chemically
dependent person if other evidence exists to show that the person
is a chemically dependent person.
(d) For purposes of Subsection (a)(7), a person is incapable of exercising
sound judgment with respect to the proper use and storage of a
handgun if the person:
(1) has been diagnosed by a licensed physician as suffering from
a psychiatric disorder or condition that causes or is likely to cause substantial
impairment in judgment, mood, perception, impulse control, or
intellectual ability;
(2) suffers from a psychiatric disorder or condition described by
Subdivision (1) that:
(A) is in remission but is reasonably likely to redevelop at a future
time; or
(B) requires continuous medical treatment to avoid redevelopment;
(3) has been diagnosed by a licensed physician, determined by a
review board or similar authority, or declared by a court to be incompetent
to manage the person's own affairs; or
(4) has entered in a criminal proceeding a plea of not guilty by reason
of insanity.
(e) The following constitutes evidence that a person has a psychiatric
disorder or condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization;
(2) psychiatric hospitalization;
(3) inpatient or residential substance abuse treatment in the preceding
five-year period;
6 GC §411.173. TEXAS CONCEALED HANDGUN LAWS
(4) diagnosis in the preceding five-year period by a licensed physician
that the person is dependent on alcohol, a controlled substance,
or a similar substance; or
(5) diagnosis at any time by a licensed physician that the person
suffers or has suffered from a psychiatric disorder or condition consisting
of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness, brain defect,
or brain injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder.
(f) Notwithstanding Subsection (d), a person who has previously
been diagnosed as suffering from a psychiatric disorder or condition
described by Subsection (d) or listed in Subsection (e) is not because
of that disorder or condition incapable of exercising sound judgment
with respect to the proper use and storage of a handgun if the person
provides the department with a certificate from a licensed physician
whose primary practice is in the field of psychiatry stating that the psychiatric
disorder or condition is in remission and is not reasonably
likely to develop at a future time.
(g) Notwithstanding Subsection (a)(2), a person who is at least 18
years of age but not yet 21 years of age is eligible for a license to carry
a concealed handgun if the person:
(1) is a member or veteran of the United States armed forces, including
a member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged
from the United States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a) except
for the minimum age required by federal law to purchase a handgun.
(h) The issuance of a license to carry a concealed handgun to a
person eligible under Subsection (g) does not affect the person's ability
to purchase a handgun or ammunition under federal law.

PC §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


Hope this helps!

[SS-Eric]

I just got my CHL and it is pretty easy to do!! 2nd, as of 2007 anyone in the state of TX can carry a gun in their vehicle CHL or not. The weapon has to be concealed though!

[PB3]

TAG is a mod here and also a State Trooper. He can probably explain it to ya.

[PB3]

TAG UR IT is his complete SN

[WoodyzSSbee]

Camaros and guns two of my favorite things, LONG LIVE TEXAS!! Anyway, looks like past post have everything covered. The hardest thing about CHL is seperating from a few bucks instead of a mod. Good luck and welcome.

[Melson]

Originally Posted by SS-Eric

I just got my CHL and it is pretty easy to do!! 2nd, as of 2007 anyone in the state of TX can carry a gun in their vehicle CHL or not. The weapon has to be concealed though!

Congrats Eric, glad you joined all of us.....

[Redemption]

Thanks for the replies. I see that my truck wont pass inspection (lots of stuff missing/"CUSTOM"), which is a bummer! I might try and make everything legal, or I might decide to store it here in CA.

What about car registration? Anyone re-register their Camaro yet? How much $$?

The concealed/ other gun info is more of a curious question. Figured it would be much easier than CA...Just about everything is easier than here.

What about neighborhoods? What are the better areas? Big garage a MUST! haha

Not exactly sure where the wife's job might be yet.

Still waiting on the interview and 2 week trial period.

Thanks again for all the help. This could be a good move for us. The job would be high paying, with benefits, rent included. Prob enough that I wouldnt have to work!!!! =)

J

[TAG UR IT]

§ 46.02. UNLWAFUL CARRYING WEAPONS.
Registration is $70 or so. It's not bad at all...and only once a year.

Houston cost of living is REALLY high compared to other areas in Texas.

You'll have to look around for good spots. Drop into the Houston Camaro club and they'll really help you out there.

Regarding gun laws...this is the best summary I've found yet.

The bottom info has to apply to you and you basically can't be engaged in criminal activity.

And I'm actually not a trooper but thanks for remembering.

SAPD.

(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.

Historical and Statutory Notes

19. A pistol in a hand bag placed between the seats on the floor of automobile was on or about the driver's person in violation of this article; “about” meaning near by, close at hand, convenient of access, and within such a distance of the party so having it as that such party could, without materially changing his position, get his hand on it. Welch v. State (Cr.App. 1924) 97 Tex.Crim. 617, 262 S.W. 485.

§ 46.15. NONAPPLICABILITY.

(b) Section 46.02 does not apply to a person who:

(3)is traveling;

Text of subsec. (i) as added by Acts 2005, 79th leg., ch. 288, § 1

(i)for the purposes of Subsection (b)(3), a person is presumed to be traveling if the person is:

(1)in a private motor vehicle;
(2)not otherwise engaged in a criminal activity, other that a Class C; Misdemeanor that is a violation of the law or ordinance regulating traffic;
(3)not otherwise prohibited by law from possessing a firearm;
(4)not a member of a criminal street gang, as defined by Section 71.01; and
(5)not carrying a handgun in plain view

[eggydoo]

Originally Posted by jpizzle007

Oh and Houston traffic blows!

More humid down south too

You're gonna be miserable coming from San Jose, CA

[RedJewel2SS]

glad i moved back from oklahoma... YEEHAAA!!!!

i just keep my gun in the case inside my trunk when i go to the shooting range. i plan on getting my CHL sometime so i can carry more often and so i can get educated better on the gun laws.

the yearly registration is about $70 and yearly inspection is $30 in cities like houston, DFW, austin/san antonio, and el paso, but $15 in rural areas. main difference is in the cities they plug a tool in the OBDII port to read the vehicles on board emissions tests. and the $15 counties are just safety inspections. no actual smog test like you got in CA.

[Redemption]

Originally Posted by eggydoo

More humid down south too

You're gonna be miserable coming from San Jose, CA

Haha traffic? Bayarea traffic is some of the worst in the US! My 10 mile commute is usually 30-45 minutes.

And Humid, yeah I know all about that. I grew up in Oklahoma, so I recall what that feels like. Sweating while taking a cold shower.... Yeah I remember! LOL
Not a fan of it, but the weather here is actually kind of boring sometimes. I do miss the thunderstorms.

Yes again, I will take an earthquake over a tornado ANY day!

[rolnslo]

Originally Posted by Redemption

Haha traffic? Bayarea traffic is some of the worst in the US! My 10 mile commute is usually 30-45 minutes.

And Humid, yeah I know all about that. I grew up in Oklahoma, so I recall what that feels like. Sweating while taking a cold shower.... Yeah I remember! LOL
Not a fan of it, but the weather here is actually kind of boring sometimes. I do miss the thunderstorms.

Yes again, I will take an earthquake over a tornado ANY day!

You say you'll take an earthquake over a tornado ANY day but what about hurricanes and flash flooding???

As far as where to live, it really depends on where your wife is working. Get as close to work as you can afford. My commute is usually 30-45 minutes as well but I live 22 miles from work (south side to west side).

It's nice out today...checkout the latest weather...