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Posted: 5/20/2003 12:32:12 PM EDT
[Last Edit: 5/20/2003 1:08:21 PM EDT by TigerStripe]
On the way home from the dentist, I got pulled over for expired inspection tag... I thought I had gotten it done when I got my registration sticker... Anyway, I pull over roll down the window and stick my hands outside the vehicle to avoid "he was reaching for a gun(post ban M4)". I get out he asks me why my hands were outside the vehicle, then he looks and sees the M4 laying in the passenger seat. "Where are you going with that?" (None of his business) "Is it loaded?" Yes, sir. "Is there one in the chamber?" Yes, sir. "Are you a Marine?" No, sir. "You know it's illegal to carry it around like that (loaded, round in chamber)?" No sir. "What kind of sight is that?" EOTech 552. "Where did you get it?" Model 1 Sales...... "Where do you target shoot..."

TS
Link Posted: 5/20/2003 12:36:55 PM EDT


Hmmm. Didn't know that it's ILLEGAL to have one in the chamber for rifle when travelling?
Link Posted: 5/20/2003 12:41:17 PM EDT

Originally Posted By mojo:


Hmmm. Didn't know that it's ILLEGAL to have one in the chamber for rifle when travelling?



No. I've done it all my life. Everyone I know does it.

TS

Law link?
Link Posted: 5/20/2003 12:48:43 PM EDT
Link Posted: 5/20/2003 1:09:00 PM EDT

Originally Posted By Johnphin:
www.capitol.state.tx.us/statutes/pe/pe0004600toc.html

Let the search begin...



It's not there.

TS
Link Posted: 5/20/2003 1:13:16 PM EDT

Originally Posted By TigerStripe:

Originally Posted By Johnphin:
www.capitol.state.tx.us/statutes/pe/pe0004600toc.html

Let the search begin...



It's not there.

TS



nifty. I just got through going through that, and if it's there, I sure didn't notice it...handguns without CHL, of course, but nothing about driving with a long gun, loaded or otherwise. I also notice that I didn't see anything about it being concealed. Is this correct? IE, I can have a long gun behing the seat of a pickup, for instance?
Link Posted: 5/20/2003 1:30:29 PM EDT
Again... this shows that cops don't know all the laws...

He was probably just trying to rouse you by claiming its against the law, to see if you try to run or something...

Link Posted: 5/20/2003 1:41:41 PM EDT
[Last Edit: 5/20/2003 1:42:03 PM EDT by bung]
The latest CHL book that I have also has general weapon laws. It says that there is "no restriction on long guns". As long as they meet the federal definition of a long gun you should be OK.
Link Posted: 5/20/2003 1:52:47 PM EDT
This is from Johnphin's link:


§ 46.02. Unlawful Carrying Weapons

(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.



There is no mention of long guns.
Link Posted: 5/20/2003 1:55:27 PM EDT

Originally Posted By bung:
This is from Johnphin's link:


§ 46.02. Unlawful Carrying Weapons

(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.



There is no mention of long guns.




FYI: for more information on this topic of debate, check out this thread: www.ar15.com/forums/topic.html?b=8&f=8&t=170092&page=2&w=myTopicPop
Link Posted: 5/20/2003 2:02:40 PM EDT
i am not getting into another nit picky legal debate with you energizer.

in texas its an offense to rudly display a firearm. unless i am mistaken its up to the officer what is or isnt rude. he may have considered it rude to have that M4 up there loaded.

just my $.02 and no i dont intend to go searching for actual legal chapters so do not ask.
Link Posted: 5/20/2003 2:15:52 PM EDT

Originally Posted By Citabria7GCBC:
i am not getting into another nit picky legal debate with you energizer.

in texas its an offense to rudly display a firearm. unless i am mistaken its up to the officer what is or isnt rude. he may have considered it rude to have that M4 up there loaded.

just my $.02 and no i dont intend to go searching for actual legal chapters so do not ask.



Actually, when it comes down to it, its ultimately up to a judge and/or a jury.
Link Posted: 5/20/2003 2:35:35 PM EDT

Originally Posted By Citabria7GCBC:
i am not getting into another nit picky legal debate with you energizer.

in texas its an offense to rudly display a firearm. unless i am mistaken its up to the officer what is or isnt rude. he may have considered it rude to have that M4 up there loaded.

just my $.02 and no i dont intend to go searching for actual legal chapters so do not ask.



I thought about asking for a source, but then noticed that I'm not supposed to ask for that, so I'll just say that I'm 98% sure that it's NOT illegal to rudely display a firearm.
Link Posted: 5/20/2003 2:48:07 PM EDT

Originally Posted By Citabria7GCBC:
i am not getting into another nit picky legal debate with you energizer.

in texas its an offense to rudly display a firearm. unless i am mistaken its up to the officer what is or isnt rude. he may have considered it rude to have that M4 up there loaded.

just my $.02 and no i dont intend to go searching for actual legal chapters so do not ask.



If you read the dialogue between me and the officer, you can see I was very polite. If he really thought I was rude, or the display of the M4 was rude, he could have gotten me on disorderly conduct, interfering with an officer in the performance of his duties, etc. I hope we don't have any law where a cop can decide (himself) that the manner I am carrying my rifle in my vehicle is rude. The dialogue is close to exact because I came straight home and immediately started this thread because I didn't think anything I did, other than not having the inspection sticker, was illegal. I think he only gave me the ticket because I said that I didn't know the inspection was out, but I really thought I had done that at the same time as I paid my vehicle registration. I typed too much again.

TS
Link Posted: 5/20/2003 4:29:34 PM EDT
Generally, Texas does not regulate the carrying of longarms. As long as you do not go into one of the prohibited places (like a School), or violate the disorderly persons offenses (like point it at someone, designed to cause alarm), you are fine.
Link Posted: 5/20/2003 4:38:38 PM EDT
I wondered the same thing up here in NE so I wrote an e mail to the office of the State Att. General with a specific discription of what I was concerned about. In this state it is legal to carry a loaded shotgun but not a loaded rifle.
Link Posted: 5/20/2003 6:34:33 PM EDT
Let's all start carrying muzzle loaders and black powder revolvers/pistols. No regs, no paperwork, no background checks.
Link Posted: 5/20/2003 7:54:11 PM EDT

Originally Posted By Energizer:
Again... this shows that cops don't know all the laws...

He was probably just trying to rouse you by claiming its against the law, to see if you try to run or something...




I must agree here.

I have CHL. When visiting my folks in Houston, I usually carry:
--1911 with one in the chamber, and 3 mags, a box of ammo.
--M16 3 mags, and 100 rds of 223.
Why?
There is a stretch between Corsicana and HUntville that is not safe at night. So if shit happens, I will not lose.
Link Posted: 5/20/2003 9:37:23 PM EDT
[Last Edit: 5/20/2003 9:40:20 PM EDT by Energizer]

Originally Posted By mojo:
I have CHL. When visiting my folks in Houston, I usually carry:
--1911 with one in the chamber, and 3 mags, a box of ammo.
--M16 3 mags, and 100 rds of 223.
Why?
There is a stretch between Corsicana and HUntville that is not safe at night. So if shit happens, I will not lose.



I don't have a CHL. Usually when I travel to Houston I will bring a pistol and/or an M4.

For example, if my car breaks down, I will open-carry my M4 and/or conceal carry my pistol since I BELIEVE I will definately be in a potential life-threatening situation, and 46.15 DEFINATELY applies, as well as a couple other sections in the penal code as well...

Who cares if it draws negative attention-- its perfectly legal and well within my rights according to the TX Penal Code, especially for carrying long guns. Maybe soccer moms will call the cops if they see a gun and they will come give me a friendly ride so I can get my car fixed.... hehe


Don't want to leave guns unattended in your vehicle, otherwise they may end up in the hands of criminals, and you technically provided it to them....
Link Posted: 5/20/2003 10:37:18 PM EDT
[Last Edit: 5/20/2003 10:38:23 PM EDT by TigerStripe]

Originally Posted By Energizer:

Originally Posted By mojo:
I have CHL. When visiting my folks in Houston, I usually carry:
--1911 with one in the chamber, and 3 mags, a box of ammo.
--M16 3 mags, and 100 rds of 223.
Why?
There is a stretch between Corsicana and HUntville that is not safe at night. So if shit happens, I will not lose.



I don't have a CHL. Usually when I travel to Houston I will bring a pistol and/or an M4.

For example, if my car breaks down, I will open-carry my M4 and/or conceal carry my pistol since I BELIEVE I will definately be in a potential life-threatening situation, and 46.15 DEFINATELY applies, as well as a couple other sections in the penal code as well...

Who cares if it draws negative attention-- its perfectly legal and well within my rights according to the TX Penal Code, especially for carrying long guns. Maybe soccer moms will call the cops if they see a gun and they will come give me a friendly ride so I can get my car fixed.... hehe


I did that once, got a ride home. I didn't do it in Houston, though. And I got to see a 1911, a Ruger, and two Glock 17's barrel end first.

TS
Link Posted: 5/21/2003 6:19:16 AM EDT
So TS, are you saying you got a ride home in a cop car? What's the details?
Link Posted: 5/21/2003 2:01:10 PM EDT

Originally Posted By SC-Texas:
So TS, are you saying you got a ride home in a cop car? What's the details?



Yes. They (four cops) get out of their cars and train their weapons on me. I drop the Bushmaster to the ground, put my hands up and one of them picks it up. I get my license out and about that time they realize who I am. One runs a stolen firearm check. I tell him that I had traded AR's with my brother, who was a reserve deputy at that time. Two officers say sorry some people called it in that I was walking down the road with an AR15 and leave. The other two ask me why I'm walking. I tell them that I still haven't replaced my car that I had total'd in a wreck a few months earlier. We get in the car and they drive me home. And now you know.................................................The rest of the story.

TS
Link Posted: 5/22/2003 10:12:54 AM EDT
I have been pulled over several times with loaded guns hanging in the gun rack.

I feel that this is one of the best ways to carry your rifle if you are traveling, if you get pulled over the trooper can see it before he even gets out of his car...

no surprises when he walks up!


Most of the time when that happens, they have asked me to get out of the truck and walk back to them.


I haven't had any problems at all... the most they asked was that i was at least eighteen.
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