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Posted: 10/3/2001 8:17:12 PM EDT
Just bought my first rifle, a new Bushmaster M4 Carbine. Can I legally carry the rifle in my car (front seat, openly)? Can I legally carry the rifle openly about my property? I live in Texas. I do have a Texas CHL, which I know does Not give me any special rights to carry the rifle, but I need to be extra careful to Not do anything illegal that would cause me to lose my CHL.
Link Posted: 10/3/2001 8:38:05 PM EDT
I don't know what Texas law says, but a few phone calls to the state police and local cops should help. There's also a great book offered at a lot of gun shops called "Firearms Laws Of The 50 States." Every gun owner should have a copy.
Link Posted: 10/3/2001 8:40:45 PM EDT
[Last Edit: 10/3/2001 8:37:26 PM EDT by steady]
Texas Laws...? Going to or from a range or event. Traveling outside your county? Large sum of money. Put it in the truck and roll. Definately on the property. Please refrain from sighting and brandishing it at folks off the property, or problems could occur. steady. I do it often, but I usually have a reason to back it up. Not on display, because I do not want to attract criminals while I am in a store.
Link Posted: 10/3/2001 9:15:42 PM EDT
You can carry the rifle with you, but it can not be loaded. You can have the clip full and locked but it can not have a round in the camber. But I do not sugest you have it in open view, due to people seeing it and freaking out. This is my understanding and the understanding of a sargent on my shift.
Link Posted: 10/3/2001 10:09:43 PM EDT
ALL of the following Information is from the Texas State Rifle Associtions web site[url]www.tsra.com[/url] If you live in Texas & aren't a member [size=4]JOIN DAMMIT[/size=4] TSRA is largely responsible for fighting the ANIT's in our legislature on a daily yearly basis & where key to the CHL bill becoming law.
Link Posted: 10/3/2001 10:10:40 PM EDT
TRAVELING TEXAS WITH FIREARMS With the upcoming vacation season, many individuals have been calling the TSRA asking for advice regarding the laws of traveling in the state with firearms. Travelers are encouraged to contact authorities and legal counsel to be totally aware of how the laws affect the ability to carry firearms while traveling throughout the state. The following is a "Traveler's Checklist" while traveling the Lone Star State: Handgun Ownership: unrestricted. Rifle and Shotgun Ownership: unrestricted. Semi-Automatic Ownership: unrestricted. Automatic Ownership: Must comply with federal law. Firearm Law Uniformity: Preemption statute; Firearm laws uniform throughout the state. Concealed Carry: Licenses granted on a "shall issue" basis; reciprocity available for non-residents with carry permits from certain other states. Vehicle Carry and Transportation: Unlicensed individuals and non-residents may not carry handguns on or about their persons while in a vehicle (specific exemption for bonafide travelers); loaded rifles and shotguns may be carried in plain view or in a case. NOTE: It is up to the individual to prove they are a bonafide traveler. The carry of handguns "on or about one's person" has been defined by the Texas courts to include any handgun within arm's reach of an individual whether concealed or open. Under one's seat, on the dash, in the glove box or even the back-seat are spatial positions which have been held to be "on or about one's person." Texas law exempts individuals who are carrying handguns for self-protection while traveling the state on a "bonafide" journey or engaged in a lawfully related firearm activity such as hunting or target shooting. Although police should not arrest an individual who falls in these restrictions, any doubt on the part of law enforcement could result in delays or being held or arrested. Travelers unable to maintain the classification of a "bonafide traveler" should carry their handgun unloaded, cased and locked in the trunk. Texas law contains no prohibition on the transport of loaded rifles and shotguns. Such firearms may be carried in plain view anywhere in the vehicle or secured in a commercial gun case or gun rack. The TSRA strongly encourages citizens to obtain a Texas Concealed Handgun License. The license allows for the concealed carry of a handgun on one's person and in one's vehicle. The Texas Department of Public Safety currently has reciprocity agreements with Oklahoma, Arkansas, Kentucky, Florida, Louisiana, Arizona, and Tennessee (OAK FLAT). Other states will also recognize the Texas license, including Georgia, Idaho, Indiana, Utah, Vermont and Wyoming. (Note: See these and more at: http://www.packing.org/state/texas/.) Those traveling who have questions are encouraged to contact the Texas DPS. Any questions concerning the Texas Concealed Handgun License can call the DPS Concealed Handgun Licensing Section at (800) 224-5744.
Link Posted: 10/3/2001 10:12:37 PM EDT
[url]www.tsra.com/statutes.htm[/url]
Link Posted: 10/3/2001 10:15:11 PM EDT
[url]www.tsra.com/CHLcrry.htm[/url]
Link Posted: 10/3/2001 10:20:14 PM EDT
[Last Edit: 10/3/2001 10:26:44 PM EDT by cnatra]
Originally Posted By 646: You can carry the rifle with you, but it can not be loaded. You can have the clip full and locked but it can not have a round in the camber. But I do not sugest you have it in open view, due to people seeing it and freaking out. This is my understanding and the understanding of a sargent on my shift.
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THAT is NOT an accurate statement. An LEO in Texas may arrest a citizen for have a loaded(round in the chamber) rifle or shotgun in one's vehicle BUT that is due to the LEO's ignorance of the law or lack of comfort with such a situation BUT it is NOT illegal & does not violate ANY Texas statute! Now I'm not talking about any fool who may be brandishing any weapon(long gun or otherwise) in an irresponsible or threatening manner. p.s. NO slam intended
Link Posted: 10/3/2001 10:23:09 PM EDT
... I know the laws in my state. However, when I travel to others I like to go to the State's Attorney Generals website and print out the respective firearms carry laws and actual pack the printed document with the weapon. Ironically, I've traveled to at least 50% of our states armed and not once been confronted by LEO's about firearms. ... I guess I just appear "Joe average"
Link Posted: 10/3/2001 10:26:25 PM EDT
You can carry it loaded. As long as it's within the legal length you are ok in Texas.
Link Posted: 10/3/2001 10:29:30 PM EDT
Originally Posted By 646: But I do not sugest you have it in open view, due to people seeing it and freaking out.
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THAT is good advice!!
Link Posted: 10/4/2001 3:34:03 AM EDT
You can carry long guns openly in your vehicle in Texas. The Unlawful Carry of a Weapon law (Penal Code 46.02)applies to a handgun, illegal knife or a club. You can be charged with disorderly conduct if you carry a rifle in public in a manner likely to alarm, but open carry in your vehicle does not count for that, hence all of the guns racks. Personally, I'd case the rifle and put it behind your seat-out in the open it will tempt the dirtbags and it will get stolen.
Link Posted: 10/4/2001 5:04:34 AM EDT
No restrictions on the carry of a long gun (over 27") in Texas, loaded or unloaded. Back in 85, when I moved down here, I saw an interesting story on the news. Seems a little elderly lady was pulled over by a cop who asked her if she had any weapons. She told him about the small handgun that she kept in her car ever since being mugged. She was promptly arrested and the weapon confiscated. Later the judge threw out the case and after having the law explained to her, she purchased an AR-15 sporter model for carrying in the car. So then there was a little old lady cruising around Houston with a M4 loaded and ready to rock. Pretty cool huh.
Link Posted: 10/4/2001 5:50:37 AM EDT
How about carrying concealed on your own property? If I am out in the yard working, would having a 1911 in an IWB holster under my sweatshirt be kosher as long as I don't step off my property? BTW, I will be getting my CCW permit soon, this is just a hypothetical question.
Link Posted: 10/4/2001 6:16:07 AM EDT
Remember those Black Panther a-holes marching around Houston city hall last year with long guns? They were not arrested because it's legal in Texas to carry a loaded long gun as long as you don't point it at anyone. Of course, don't be surprised if folks take a heightened interest in you when you walk into Kroger with your CAR-15 hanging from your tac sling... [b][red]America First[/red][/b] Semper Fidelis Jarhead out. [img]http://www.inetnow.net/~kudzukid/enlemblem.gif[/img]
Link Posted: 10/4/2001 6:59:19 AM EDT
Originally Posted By Winston_Wolf: ... I know the laws in my state. However, when I travel to others I like to go to the State's Attorney Generals website and print out the respective firearms carry laws and actual pack the printed document with the weapon.
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In my limited experience, bringing along and showing officials printouts from official websites usually just frazzles them, and pisses them off, as it makes you look arrogant and better-knowing than they. It's also too much new info (obviously, that they should already have known) for them to process right then and there. I must admit, my experience is limited to dealing with Canadian customs officials when crossing the US-Canadian border with flintlocks, but "bureaucrats is bureaucrats", everywhere ya go.
Ironically, I've traveled to at least 50% of our states armed and not once been confronted by LEO's about firearms. .....I guess I just appear "Joe average"
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Me, too, exc. for very long hair (looks better for a Rev. War reenactor to have long hair, tied up, than a polyester wig....), but if you sound educated, are polite and convey that you know your rights, but are not a prick about it, most times, SO FAR, I've been left alone. No cop I have ever been stopped by has ever searched me or my car, even when I've had lots of fun gun stuff in the car, or even asked to search me or my car. As one LEO in MA told me, "If I stop you on the road sometime, don't add to my worries by telling me or showing me you have a gun- I have enough to worry about, already."
Link Posted: 10/4/2001 7:49:33 AM EDT
You can carry concealed on your own property without a CHL I called the Texas Rangers and they told me that you can carry a loaded fulll auto M-60 with a 10,000 round belt with you when you are walking down the street as long as you don't point it at people. It is ok to do any thing you want with a rifle as long as it does not break federal law.
Link Posted: 10/4/2001 8:18:17 AM EDT
All I can say is, "God Bless Texas!" Vulcan94
Link Posted: 10/4/2001 8:26:49 AM EDT
[Last Edit: 10/4/2001 8:22:15 AM EDT by brouhaha]
Link Posted: 10/4/2001 8:33:37 AM EDT
Originally Posted By Jarhead_22: Remember those Black Panther a-holes marching around Houston city hall last year with long guns? They were not arrested because it's legal in Texas to carry a loaded long gun as long as you don't point it at anyone.
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What you didn't see on the news, however, were the HPD snipers covering them the whole time they were demonstrating. The subject came up in the CHL refresher course about carrying long guns in public, and the instructor works closely with HPD. He relayed the story that HPD had at least two snipers, one he shoots with regularly, covering them from distance in case they decided to get violent. He mentioned demonstrating armed is probably not the brightest thing in the world to do. God Bless Texas
Link Posted: 10/4/2001 8:36:07 AM EDT
Originally Posted By Vulcan94: All I can say is, "God Bless Texas!"
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Amen to that! [:D] God Bless Texas
Link Posted: 10/4/2001 9:16:32 AM EDT
Originally Posted By GodBlessTexas:
Originally Posted By Jarhead_22: Remember those Black Panther a-holes marching around Houston city hall last year with long guns? They were not arrested because it's legal in Texas to carry a loaded long gun as long as you don't point it at anyone.
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What you didn't see on the news, however, were the HPD snipers covering them the whole time they were demonstrating. The subject came up in the CHL refresher course about carrying long guns in public, and the instructor works closely with HPD. He relayed the story that HPD had at least two snipers, one he shoots with regularly, covering them from distance in case they decided to get violent. He mentioned demonstrating armed is probably not the brightest thing in the world to do.
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I'm sure you're right, and I'm glad the HPD had them covered, given the Black Panthers' propensity for and history of violence. They're all about "kill whitey," and I [b]am[/b] whitey, so hey by all means get TJ on the roof to aim in on their asses. And your friend is right, demonstrating or protesting while you're armed is not a great idea, and I don't recommend it. But it is legal.
God Bless Texas
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Preach on, brother! Testify!
Link Posted: 10/4/2001 9:24:01 AM EDT
Originally Posted By Jarhead_22: Of course, don't be surprised if folks take a heightened interest in you when you walk into Kroger with your CAR-15 hanging from your tac sling...
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So that explains the weird looks I get. I thought it was just cause they've never seen a Californian before [;D]
Link Posted: 10/4/2001 9:25:18 AM EDT
[Last Edit: 10/4/2001 9:21:28 AM EDT by jadams951]
The legal lenth for a rifle is an overall length of no less than 26" and a barrel length no less than 16". For shotguns the overall length is the same as rifles but the barrel needs to be no less than 18".
Link Posted: 10/4/2001 2:52:01 PM EDT
[Last Edit: 10/4/2001 2:52:13 PM EDT by G35]
T H A N K S Everyone !!!! I did some calling around to a few local law agencies (even ATF), and they confirm the good advice from those posting replies here. By the way, here is the link to read about that Panther story - "Machine Gun-Toting Black Panther Protest Called Legal" [URL]http://lists.village.virginia.edu/lists_archive/sixties-l/1046.html[/URL]
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