Need some help as my attorney did not give me a strong straight answer on the question. Back in 2019 I received a DUI while riding around in a golf cart. This was before Texas’s new open carry law was put into effect.
I have a CCL from Indiana that is current and valid in Texas.
Am I currently allowed to conceal carry in Texas? Can I open Carry?
Texas law says. @RYAN165 Welcome to our community.
What does your court papers say? You can ask the Clerk of Courts where you were sentenced. Are you on probation? Was a firearm involved in your arrest? Were you convicted of felony.
Your lawyer is an idiot, that’s why you paid him.
Does Texas allow permitless carry? Yes. As of Sept. 1, 2021, permitless concealed and open carry is legal for anyone at least 21 years old who is not prohibited from lawfully possessing a handgun under federal law or Texas state law. The following individuals are prohibited from owning or possessing a firearm under Texas state law:
- Any individual convicted of a felony cannot possess a firearm:
- For at least 5 years after release from confinement, supervision or parole (whichever date is later); or
- After the period described above at any location other than the premises at which the person lives.
- Any individual convicted of Class A misdemeanor assault [under Texas Penal Code § 22.01] involving a member of the person’s family or household cannot possess a firearm:
- For at least 5 years after release from confinement or community supervision (whichever date is later).
- A person, other than a peace officer, who is subject to a protective order cannot possess a firearm after receiving notice of the order until expiration of the order [Texas Penal Code § 46.04].
Provided a person has not been convicted of any of the following offenses within the preceding 5-year period:
OPEN CARRY PERMITTED?
Is open carry permitted in Texas? Yes. As of Sept. 1, 2021, permitless open carry is legal for anyone at least 21 years old who may lawfully possess a handgun, provided the handgun is carried in a holster.
According to Texas Penal Code § 46.02(a-5), it is illegal to carry a handgun and intentionally display it in plain view of another person in a public place, unless the handgun is partially or wholly visible (openly carried) but is carried in a holster.
[Texas Penal Code § 46.035 be sure to choose 9/1/2021]
Are you referring to Texas’ open carry (meaning exposed, visible, not-concealed) law or permitless aka Constitution carry?
Was your DUI a felony or a misdemeanor?
Welcome to the Community @RYAN165.
I would advise that you seek the advice of an attorney in your area. The USCCA members enjoy access to an Attorney Network that can adequately advise you on the law in such matters. If you are not a member might you consider becoming one today?! Best to you, sir. And again, welcome.
Pss… You may also want to check out the Reciprocity Map as well to get a synopsis of the gun laws for your state. David.
I used to think highly of Texas and I find this disappointing. Since the top speed and weight is about one fifth of a vehicle, the legal limit should be about five times higher…
But DUI is mainly about generating revenue and trying to get a criminal record on as many people as possible.
By the way, welcome to the community!!
I’m not sure this infraction happened in Texas. Indiana doesn’t really give out non resident permits and I know of no state that generally lets its residents have permits from other states, so I suspect the only way a person has a current valid IN permit that TX would recognize is if said person is currently an IN resident. I suspect OP will be visiting TX from IN, if I had to guess.
Also, generally, my understanding is that a golf cart driven on the road is a motorized vehicle driven on the road so I don’t see why the rules and laws should be any different. A person on a golf cart is certainly capable of dying, killing their passenger(s), or causing a wreck that could kill other people, in addition to the risk posed to pedestrians.
I personally strongly disagree that DUI laws are about revenue generation.
So why does the legal limit keep getting reduced from when I was issued a license to the current limits?
I don’t know what the legal limit is (frankly do not) in any particular state or jurisdiction (I have no need to know so I don’t look it up) or what it used to be.
You would have to ask those who are changing it.
I suspect it has to do with the physical/physiological effects that start at one drink, and the number of roadway deaths each year in which alcohol or other influential substances are a factor
Driving is a verb.
Sitting in a vehicle with the heater on after drinking is grounds for a dui.
So is having your keys and walking to your vehicle.
So is sleeping in the back seat of your vehicle while in possession of your keys.
I got the answer that being parked in your rv was discretionary…
I think it’s gotten out of hand.
I’d love to see those numbers for golf carts vs real vehicles.
I have not drank any alcohol since I was 28.just lost the taste for alcohol,so no DUI’s for meat all
Why so hostile? Curious .
I think it is outright abusive to give people a dui on a golf cart. They were responsible enough to not drive a normal vehicle.
Felonies for blade length of pocket knives and magazine capacity that are perfectly legal in other jurisdictions. It’s gone too far…
I don’t know the OP, but I would be willing to bet that there’s more to it, especially, if he got a DUI on a golf course. But he doesn’t mention where he was.
% agree with you on how society has changed and not for the better.
But DUI, I agree with @Nathan57. It is so much easier today to get where you need with a taxi, Uber, or Lyft.
But I get your frustration.
I assure you this happened in Texas as was odiously present for it and went to jail.
My permit is Valid from Indiana as I use to be a resident, it now even has my Texas address as my contact address with the state of Indiana.
That is interesting. Indiana doesn’t do non resident permits except very specific circumstances (like working in IN), and most states don’t recognize permits from other states for that states own residents
Also, it appears that an IN permit is invalid if TX has become your resident state
I think Indiana put his Texas address on his permit since it hasn’t expired yet. @RYAN165
That is irrelevant if he no longer is a resident of Indiana.
Forgive me, trying to make sense if it🤣
DUI laws, like concealed /open carry laws vary from state to state. In CA having multiple DUI convictions can lead to a felony conviction for DUI but don’t ask me how many is too many. Ordinarily, a misdemeanor conviction for any crime not involving violence will not lead to a prohibition against possessing a firearm but again, that can vary from state to state. If you want a valid but economical opinion, join this group. They have trained legal advisors on retainer who can give you an accurate answer. Consulting an attorney in Texas will probably cost you $500.