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Posted: 1/5/2010 11:45:48 AM EDT
| Can you concealed carry an AOW. Like in a backpack or something. I live in TX was wondering if you threw a Serbu super-shorty in a backpack, and rode the bus? |
| I guess it depends; for instance, my state issues a lifetime concealed carry permit for $100 but it is only for the concealed carry of a handgun. It gets doubly tricky as a pistol grip only shotgun is defined as a pistol in the state, but I'm not sure I'd want to carry a SSS to test the law... |
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OK, MAY I? I guess it wouldn't be an issue unless something happened, or you shot someone with it. Yup. The only way to find out for sure is to do it. And if you have to use it in self-defense, you'll find out the hard way whether it was legal –– "hard way" being if you get arrested for an otherwise-legal shoot. This is like the argument that some folks make for tactical nukes in home-protection scenarios. Sigh. If you believe that you cannot protect yourself adequately with the guns you know are legal –– i.e., any and every handgun out there –– well then, maybe you should either stay at home, or quit riding the bus. 
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 too funny. I was just thinking it would be nice to have in a worst case situation where you might need a slug for something, i e disable a car. As a side note I don't ride the bus I was just grasping at straws for a situation where it wouldn't be in your car, which is legal here in TX.
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| I don't think you can legally carry it concealed in Texas b/c Texas only allows concealed carry of handguns (with a CCW) and Texas defines "handgun" as one intended to be shot with one hand. So a pump shotgun can't be a handgun and therefore can't be legally carried concealed. Storing it concealed in your car may be a horse of a different color. |
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Can you concealed carry an AOW. Like in a backpack or something. I live in TX was wondering if you threw a Serbu super-shorty in a backpack, and rode the bus? An AOW is not a handgun, so your CHL dosen't apply. Leave your NFA toys at home, and carry your pistol. |
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Can't help with North Mexico, however, in ohio we have CHL (concealed handgun Permits), not weapons permits and Ohio law defines a handgun as a gun designed to be fired with one hand. Beyond that it would be up to jury/prosecutor to decide what that means. I always wondered where some Federal Law hangdguns, such as the OA-93, would fit since I would think it is cleary designed to be fired with two hands.....
Dan |
| Strictly speaking, in the state of Texas, AOW along with everything else NFA is illegal. It is a defense to prosecution if it is registered as NFA. I guess the question is whether or not you can violate another law of possession when you're already violating one? |
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Can you concealed carry an AOW. Like in a backpack or something. I live in TX was wondering if you threw a Serbu super-shorty in a backpack, and rode the bus? An AOW is not a handgun, so your CHL dosen't apply. Leave your NFA toys at home, and carry your pistol. As I mentioned above, Texas state law is different than federal law in that there's no definition for "AOW". Can you provide case law that states what a Serbu Super Shorty or similar firearm would be under state law? Either way, assuming he has a CHL he'd be able to legally carry it most places. If it's a handgun, he's covered by his CHL and if not then no problem, as all other firearms have no general prohibition on carry. Still it would be pretty goofy to tote it around. |
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As I mentioned above, Texas state law is different than federal law in that there's no definition for "AOW". Can you provide case law that states what a Serbu Super Shorty or similar firearm would be under state law? Either way, assuming he has a CHL he'd be able to legally carry it most places. If it's a handgun, he's covered by his CHL and if not then no problem, as all other firearms have no general prohibition on carry. Still it would be pretty goofy to tote it around. Texas law § 46.01: (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.
(10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches,
or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. Sounds like an excellent opportunity to take this to a jury trial? |
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Really though, what part of carrying a short shotgun on an occupied bus full of people you DON'T want to shoot sounds like a good idea? A shotgun as a CCW in any area where there are more people besides your potential attacker is... negligent, to say the least. And if you've got to be even more conscious of your backstop to the point that you're afraid to defend yourself, why have it in the first place?
You've got 3 rounds in the gun, unless you want the "rack the slide and he'll crap his pants" phenomenon...(insert snicker) In which case you'll have 2 rounds... that's 2, two, not many... 3 isn't much better... If you're gonna carry it TO an area via bus/crowded area, zip it up in your case/bag, unloaded, with a cable lock if so desired, then there would be no misinterpretation of your intentions... (Just.. please don't post a "Harassed by bus driver and cops for open carrying a SSS on the bus" thread... We don't need any more of those. And don't paint your muzzle orange...) |
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No, you don't want to do that. Conceal Carry implies a weapon that is loaded and prepped for immediate deployment/use. It would be a very very bad idea to conceal carry any NFA weapon in a state of readiness (loaded and/or chambered).
Conversely, you have to haul it around if you're taking it to a shooting event (range time) so if you just happen to have it with you and had to use it, make sure it's something that you can load a mag in and chamber real quick. |
| OK, I think some of you might be getting a little carried away with thinking that I'm actually planning on doing this. I also don't want to get into a tactics debate because we all know that the guy who opens his mouth first about tactics knows the most. To help the debate along a little I do have a CHL and would be carring a handgun as an appropiate escalation of force. |
| I looked pretty closely at the texas concealed weapon law and the only firearms it applies to are handguns. Texas Penal Code 46.02. And handgun is a defined term that is defined as a gun designed to be fired with one hand. Penal code 46.01(5). Since an AOW is by is very nature not designed to be fired with one hand (after all that is why it is an AOW and not a handgun) it might be legal. So technically I think you could concealed carry a rifle or shotgun even w/o a permit. Now I wouldn't suggest doing it, because the police are unlikely to know the law and this is somewhat of a technically. |
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I looked pretty closely at the texas concealed weapon law and the only firearms it applies to are handguns. Texas Penal Code 46.02. And handgun is a defined term that is defined as a gun designed to be fired with one hand. Penal code 46.01(5). Since an AOW is by is very nature not designed to be fired with one hand (after all that is why it is an AOW and not a handgun) it might be legal. So technically I think you could concealed carry a rifle or shotgun even w/o a permit. Now I would suggest doing it, because the police are unlikely to know the law and this is somewhat of a technically. there's a whole lotta positiv/negative tense waffling here.... that kinda screws up your point... |
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