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1/25/2018 7:38:29 AM
Posted: 7/4/2002 10:43:28 AM EST
I'd like a link or some references to information that will allow me the freedom to carry my loaded AR in my truck on a gun rack. I'm quite positive it is legal here, but would like some documentation to prove it's veracity if I am ever pulled over.
Link Posted: 7/4/2002 10:58:23 AM EST
[Last Edit: 7/4/2002 10:59:20 AM EST by SSD]
Somewhere in this link is what you want, I think, [url]www.capitol.state.tx.us/statutes/statutes.html[/url] And a bonus link, [url] www.txdps.state.tx.us/administration/crime_records/chl/chlsindex.htm [/url] SSD
Link Posted: 7/4/2002 12:25:19 PM EST
Texas law states: There are no restrictions on long guns.
Link Posted: 7/4/2002 1:54:58 PM EST
I understand that there are no restrictions, but I ran into a VERY obstinate Constable today who wasn't aware of that and wanted to write me a ticket for "hunting" out of my truck...even though my gun was prominently displayed in my back windaw and out of my reach... extended cab... I was really hoping not to have to dig through all that STUFF on the State of texas site. You wouldn't happen to have a more direct link would you?
Link Posted: 7/4/2002 3:00:39 PM EST
btt
Link Posted: 7/4/2002 3:33:17 PM EST
The pos constable is not a Game warden. You can pull to the side of the road and shoot a snake if you want, that is if you are out of the city limets. You can not shoot across a road or street. The POS of a constable is probably an anty.
Link Posted: 7/4/2002 3:41:19 PM EST
[Last Edit: 7/4/2002 3:45:09 PM EST by SSD]
Penal Statute - Chapter 46 [url]www.capitol.state.tx.us/cgi-bin/cqcgi?CQ_SESSION_KEY=VSZMEAYPRLHV&CQ_QUERY_HANDLE=123994&CQ_CUR_DOCUMENT=1&CQ_TLO_DOC_TEXT=YES[/url] You will not find a law that says.. "it is ok to have a long arm firearm in your truck". Chapter 46 will only show that this is not a prohibited act. There may be other chapters that help. I would of handled this situation this way, Be nice, politely say I don’t think this is unlawful, be nice, and say thank you for the ticket. And did I say be nice? Take the ride/ticket, let the judge sort it out. Cops that issue bad tickets will usually have a bad mark put in there file, at least. agwheeler, now you have to tell us which country. SSD
Link Posted: 7/4/2002 3:49:20 PM EST
Link Posted: 7/4/2002 7:41:29 PM EST
Also, if a city cop tries to hassle you about carrying a long gun remind them that state law supercedes city ordinances.
Link Posted: 7/4/2002 8:11:27 PM EST
[Last Edit: 7/4/2002 8:14:33 PM EST by cnatra]
Originally Posted By agwheeler: I understand that there are no restrictions, but I ran into a VERY obstinate Constable today who wasn't aware of that and wanted to write me a ticket for "hunting" out of my truck...even though my gun was prominently displayed in my back windaw and out of my reach... extended cab... I was really hoping not to have to dig through all that STUFF on the State of texas site. You wouldn't happen to have a more direct link would you?
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GAWD! You must be in Houston. I've run into so many ignorant Constables since I moved to Houston back in the '80's. I never saw constables in DFW just municipal cops & a few sheriffs or DPS. anyway [url]www.tsra.com/CHLcrry.htm[/url] you should check out their entire web site & join if your not a member[url]www.tsra.com[/url] TSRA was insturmental in getting CHL passed in TX, they fight liberals in the state legislature every year!
Link Posted: 7/4/2002 8:12:43 PM EST
Originally Posted By bunghole: Also, if a city cop tries to hassle you about carrying a long gun remind them that state law supercedes city ordinances.
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you wouldn't happen to be in San Antonio? I've heard there is a law on that city's books violating the state constitution as far as carrying long guns
Link Posted: 7/5/2002 8:45:38 AM EST
Actually I'm in Midland, TX... it's the kind of palce where nobody really cares, b ut when a cop wants to make a big deal out of something, they're always right. And unless I have a printout with me, gawd knows it's going to be hard to prove he's not... thanks for the link...it will be well used.
Link Posted: 7/5/2002 8:58:09 AM EST
Originally Posted By agwheeler: I'd like a link or some references to information that will allow me the freedom to carry my loaded AR in my truck on a gun rack. I'm quite positive it is legal here, but would like some documentation to prove it's veracity if I am ever pulled over.
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That which is not illegal, by default, is legal. An officer could not charge you with "Unlawful carrying of weapons" (46.02) because that only applies to handguns, illegal knives, and clubs. Now when you roll into the post office parking lot, the federal building parking garage, or your local military installation you may be dealing with a whole different (additional) set of laws and regulations.
Link Posted: 7/5/2002 8:58:53 AM EST
Originally Posted By Wolfpack: Texas has gun laws???????!!!!!!!!!! [:D]
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Compared to Nevada you cant do shit with a gun in Texas. I just moved to Texas from Nevada and am disgusted with the lack of freedom as far as guns and shooting go.
Link Posted: 7/5/2002 8:59:50 AM EST
Originally Posted By Falcon2: You can pull to the side of the road and shoot a snake if you want, that is if you are out of the city limets.
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Not without a hunting license. And isn't there a minimum distance from public roads for hunting?
Link Posted: 7/5/2002 9:02:11 AM EST
Legal or not, I wouldn't recommend it unless you want a busted window and an empty gunrack. Carrying a valuable firearm that way is just asking for trouble.
Link Posted: 7/5/2002 9:03:36 AM EST
You can carry the weapon in your lap with one in the pipe, a 30 round mag installed and the saftey off in Texas if you want. If it's on your rack in full view, be prepared to have everyone that's ever watch a major network news program to call the cops on you. Just be prepared to take some grief if you get pulled over. The cops can't do anything about the weapon, but (if they're AHOLES) they can sure ask you allot of questions and make you late to your destination. Source: Texas Police officer (20 vet), friend of mine. I carry my Colt M4gery on occasion (passenger floorboard).
Link Posted: 7/5/2002 9:23:58 AM EST
[Last Edit: 7/5/2002 9:30:09 AM EST by rkbar15]
Originally Posted By RipMeyer: Compared to Nevada you cant do shit with a gun in Texas. I just moved to Texas from Nevada and am disgusted with the lack of freedom as far as guns and shooting go.
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Would you elaborate on that. Texas is on my list of states to move to. TIA
Link Posted: 7/5/2002 9:57:23 AM EST
[Last Edit: 7/5/2002 10:00:43 AM EST by Maddog50]
Originally Posted By rkbar15:
Originally Posted By RipMeyer: Compared to Nevada you cant do shit with a gun in Texas. I just moved to Texas from Nevada and am disgusted with the lack of freedom as far as guns and shooting go.
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Would you elaborate on that. Texas is on my list of states to move to. TIA
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Open carry of a handgun is prohibited. Also, there is relatively little public land for you to just pull over and shoot or hunt. You cannot carry a knife with a blade over 5.5" or a club (such as a collapsable baton) unless you are carrying a concealed handgun AND your license (46.15 (b)(6)). I can't think of much else that you would want to do that you couldn't....
Link Posted: 7/5/2002 10:14:51 AM EST
Falcon2- I wouldn't do that if I were you. Under PC §42.01. Disorderly Conduct(a)(11) "A person commits an offense if he intentionally or knowingly discharges a firearm ON OR ACROSS a public road." The public portion of a roadway extends from private property line to private property line, meaning the ditch is part of the roadway. You've also got to be careful about discharging firarms near a city. There's a little known section of the Government Code called extraterritorial jurisdiction. This allows cities to enforce their ordinances within a specified distance outside their city limits. This power and the distance is determined by the population of the city. agwheeler- There is a long gun restriction in Texas that might affect you. I've seen a Texas Parks&Wildlife Game Warden seize firearms and file charges on people for, "unlawfully carrying a rifle where deer are known to roam". In most of Texas that's a pretty broad region. I'm not sure of the elements that must exist to be charged with this offense, but I know it's done without having to show that the person was engaging in a hunting activity at the time. Mere possession of a rifle in a vehicle was enough. And by the way, good luck fighting a game law violation because these wardens have LOTS of power. Take a look at 62.007 of the Parks and Wildlife Code. It's an offense just to refuse a search of your person or vehicle by a warden looking for contraband items.
Link Posted: 7/5/2002 10:31:33 AM EST
[Last Edit: 7/5/2002 10:36:55 AM EST by Arock]
Texas Game Wardens have a lot of power. More than police and theoretically more the Texas Rangers (in practice Rangers get what they want but Rangers are also among the most professional lawmen you'll ever find anywhere). An example is they don't need a search warrant to search ANYTHING, ANYWHERE, ANYTIME. That's why they are frequently used for drug investigations. They are basically gonna go where they want, look for what they want and it's completely legal. Don't mess with Game Wardens in Texas. I'm a TPWD Instructor and I make an effort to get along with those guys.
Link Posted: 7/5/2002 10:32:18 AM EST
Originally Posted By Txsguy: Under PC §42.01. Disorderly Conduct(a)(11) "A person commits an offense if he intentionally or knowingly discharges a firearm ON OR ACROSS a public road."
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And when you get charged with that, your CHL gets suspended. When you get convicted, it is revoked.
Originally Posted By Txsguy: I've seen a Texas Parks&Wildlife Game Warden seize firearms and file charges on people for, "unlawfully carrying a rifle where deer are known to roam". ... It's an offense just to refuse a search of your person or vehicle by a warden looking for contraband items.
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Good God...
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