User Panel
User Panel
User Panel
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Posted: 8/29/2005 11:34:21 AM EDT
[#1]
You can open carry a rifle or shotgun anywhere in Texas but a federal building or private property marked "no guns allowed". This includes the gun rack in your truck or on the seat next to you in your car.
The September 1st law applies to handguns only. This lets you keep a handgun in the car without a concealed carry license legally. |
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Posted: 8/29/2005 11:37:03 AM EDT
[#2]
That's exactly what I thought. ...but read what the law says. It does not say "handgun", it says "firearm". |
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Posted: 8/29/2005 11:38:11 AM EDT
[#3]
I keep my colt 20" right next to me in my truck, all the time.
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Posted: 8/29/2005 11:40:32 AM EDT
[#4]
No gunracks in TEXAS!
 That's kind of like toast with no butter.
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Posted: 8/29/2005 11:41:33 AM EDT
[#5]
Poor wording. But the new law expands an "exception" to the concealed weapons law. The concealed weapons law only covers pistols, some knives and clubs. Until the legislature passes a law saying that you can't carry a longgun, you are o.k. |
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Posted: 8/29/2005 11:48:55 AM EDT
[#6]
Cool. If this is correct, then I guess I freaked about nothing. |
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Posted: 8/29/2005 12:31:51 PM EDT
[#7]
additional question at top of page
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Posted: 8/29/2005 12:37:00 PM EDT
[#8]
I believer the "gun free zone" is only applicable if you are committing a crime with a firearm in the "zone".
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Posted: 8/29/2005 12:37:48 PM EDT
[#9]
Don't quote me on this, because this is just what I recall from previous posts, but I believe the answer is yes and no. Congress passed the first gun-free zone act and had it struck down by the Supreme Court because it didn't have anything to do with interstate commerce. Congress re-passed the same bill with language at the beginning saying "we really, really, think this has something to do with interstate commerce." No one has been prosecuted under this bill so we don't know if it would survive a court challenge or not. |
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Posted: 8/29/2005 12:42:55 PM EDT
[#10]
Thanks for the responses, but so far I'm hearing "believe", "don't quote me on this", and "court challenge".
  Does anyone know for sure? 
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Posted: 8/29/2005 12:48:01 PM EDT
[#11]
I'm planning on catching a day or two at Gunstock, then some time around dallas with some family and I was wondering- does the above apply only to residents, or does it apply to out- of- staters too? Thanks y'all!! 
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Posted: 8/29/2005 12:48:53 PM EDT
[#12]
oops, double tap
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Posted: 8/29/2005 12:51:51 PM EDT
[#13]
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Posted: 8/29/2005 12:51:57 PM EDT
[#14]
It only applies to TEXANS. But since we are hospitable people down here. We bestow the title of honorary TEXAN to any American who enters the state. You have to leave that title behind when you leave though!  so yeah, you're covered! 
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Posted: 8/29/2005 12:54:00 PM EDT
[#15]
I can just hear what farmers and ranchers would say is this were true. Don't know if the laws have chanaged concerning long guns but the new law concerning handguns in the vehicle went into effect recently. I for one don't have a gunrack in my truck because I don't want to adertise what may or may not be in my truck, sort of out of sight out of mind that way.
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Posted: 8/29/2005 12:56:40 PM EDT
[#16]
You're no TEXAN! You're no TEXAN at all! |
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Posted: 8/29/2005 1:03:03 PM EDT
[#17]
Yes, you are wrong. Here is the enrolled version (note it clearly says "Handgun"): AN ACT relating to the applicability of the offense of unlawful carrying of weapons to certain persons and to the consequence of certain presumptions in the prosecution of a criminal offense. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 46.15, Penal Code, is amended by adding Subsection (i) to read as follows: (i) For 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 criminal activity, other than a Class C misdemeanor that is a violation of a 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. SECTION 2. Section 2.05, Penal Code, is amended to read as follows: Sec. 2.05. PRESUMPTION. (a) Except as provided by Subsection (b), when [When] this code or another penal law establishes a presumption with respect to any fact, it has the following consequences: (1) if there is sufficient evidence of the facts that give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable doubt of the presumed fact; and (2) if the existence of the presumed fact is submitted to the jury, the court shall charge the jury, in terms of the presumption and the specific element to which it applies, as follows: (A) that the facts giving rise to the presumption must be proven beyond a reasonable doubt; (B) that if such facts are proven beyond a reasonable doubt the jury may find that the element of the offense sought to be presumed exists, but it is not bound to so find; (C) that even though the jury may find the existence of such element, the state must prove beyond a reasonable doubt each of the other elements of the offense charged; and (D) if the jury has a reasonable doubt as to the existence of a fact or facts giving rise to the presumption, the presumption fails and the jury shall not consider the presumption for any purpose. (b) When this code or another penal law establishes a presumption in favor of the defendant with respect to any fact, it has the following consequences: (1) if there is sufficient evidence of the facts that give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury unless the court is satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable doubt of the presumed fact; and (2) if the existence of the presumed fact is submitted to the jury, the court shall charge the jury, in terms of the presumption, that: (A) the presumption applies unless the state proves beyond a reasonable doubt that the facts giving rise to the presumption do not exist; (B) if the state fails to prove beyond a reasonable doubt that the facts giving rise to the presumption do not exist, the jury must find that the presumed fact exists; (C) even though the jury may find that the presumed fact does not exist, the state must prove beyond a reasonable doubt each of the elements of the offense charged; and (D) if the jury has a reasonable doubt as to whether the presumed fact exists, the presumption applies and the jury must consider the presumed fact to exist. SECTION 3. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect at the time the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date. SECTION 4. This Act takes effect September 1, 2005. HB823 Even if it did say "firearm" it would not matter, since UCW only applies to handguns, illegal knives and clubs. |
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Posted: 8/29/2005 8:33:38 PM EDT
[#18]
That's my philosophy, too. There is no point in openly courting theft, or police harassment. Also, whenever you advertise the presence of a gun, you surrender the advantage of surprise - which is why concealed-carry makes more sense than open-carry, IMO. |
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Posted: 8/30/2005 6:08:59 PM EDT
[#19]
Quoted:
Quoted: Here is where it might get sticky: Texas just defined traveling to be "n a motor vehicle" However, it said that the "firearm" has to be concealed. I was under the assumption that this was for handguns, but the law says "firearm". Basically what I think has happened is that - it was legal to carry a loaded rifle in a gun rack before Sept. 1st of this year. But now, after Sept. 1st, it is going to be illegal to carry a rifle in a gun rack. Loaded or otherwise. If carring a shotgun does it matter if it has a pistol grip or butt stock and is an 18" barrell legal. FireBlade |
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Posted: 8/30/2005 6:12:37 PM EDT
[#20]
If it's a legal shotgun, i don't think it matters. I would assume that goes for AOW shotties as well |
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Posted: 8/30/2005 6:17:23 PM EDT
[#21]
fixed it for you....long guns are pretty much unrestricted, which means you can carry it concealed, loaded, open, etc - just do not threaten or intend to alarm anyone with it...(and just because soccer moms get scared does not mean that you *intended* to cause alarm) eta: on the other hand, the new addendum to the law regarding travelling with a handgun is a presumption of travel if certain criteria are met - you DO NOT have to carry it concealed or in your car, but you could be arrested whereby you could defend yourself in court using the common definition of travelling - "to go from one place to another" - so ride your horse, bike, whatever and carry away....the addendum that takes effect on 9/1 is to undo years of case law where the prosecutors and judges have distorted the definition of "travelling" to mean many things, including crossing 3 counties, a bona fide trip, blah blah blah - wheras the original law just used the common definition of travelling... |
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Posted: 8/30/2005 6:25:37 PM EDT
[#22]
No. |
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