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Posted: 2/2/2006 1:21:34 PM EDT
What are the Texas laws on open rifle carry? Couldn't find any thing solid on google.
Link Posted: 2/2/2006 1:52:42 PM EDT
[Last Edit: 2/2/2006 1:55:10 PM EDT by FALARAK]

Originally Posted By Kamikazi:
What are the Texas laws on open rifle carry? Couldn't find any thing solid on google.



You should try searching this site too.

www.ar15.com/forums/topic.html?b=8&f=8&t=222137

All Texas Statutes are in a simple website, which is also searchable. Why take anyones word for it, when you can look up the laws yourself:

www.capitol.state.tx.us/statutes/statutes.html
Link Posted: 2/3/2006 3:20:40 PM EDT
did you find anything about rifle carry? if so where?
Link Posted: 2/3/2006 4:08:05 PM EDT
[Last Edit: 2/3/2006 4:09:18 PM EDT by mgw1181]
The Texas UCW statute only mentions "handgun, illegal knife, or club". Rifles are OK to carry anywhere a firearm is not prohibited. Open/concealed or loaded/unloaded does not matter.

www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.02.00
Link Posted: 2/3/2006 6:10:32 PM EDT

Originally Posted By mgw1181:
Rifles are OK to carry anywhere a firearm is not prohibited. Open/concealed or loaded/unloaded does not matter.




God Bless Texas!!!
Link Posted: 2/3/2006 11:58:05 PM EDT
it is legal to walk down the street with a rifle/shotgun. However you could get into trouble if a LEO was to charge you with disorderly / disturbing the peace. This all depends on, if what you are doing is ment to cause some kind of negative reaction. dressed like RAMBO and talking about WW3 or something like that. I know it sounds like fun ..... but may not be the best thing in downtown. In a vehicle or in a case I don't see you having any problems.

Invisiblesoul
Link Posted: 2/4/2006 10:39:04 AM EDT

Originally Posted By TheInvisibleSoul:
it is legal to walk down the street with a rifle/shotgun. However you could get into trouble if a LEO was to charge you with disorderly / disturbing the peace. This all depends on, if what you are doing is ment to cause some kind of negative reaction. dressed like RAMBO and talking about WW3 or something like that. I know it sounds like fun ..... but may not be the best thing in downtown. In a vehicle or in a case I don't see you having any problems.

Invisiblesoul


+1

If you do anything that could be construed as intended to 'incite alarm' then you could be charged with something. If you are, say, a hunter who has his rifle on his shoulder and you walk into a convenience store technically you are not breaking the law.
Link Posted: 2/4/2006 11:01:13 AM EDT

Texas Penal Code
§42.01. Disorderly conduct.

(a) A person commits an offense if he intentionally or
knowingly:



(8) displays a firearm or other deadly weapon in a public
place in a manner calculated to alarm;

Link Posted: 2/4/2006 11:53:17 AM EDT

Originally Posted By txinvestigator:
Texas Penal Code
§42.01. Disorderly conduct.

(a) A person commits an offense if he intentionally or
knowingly:



(8) displays a firearm or other deadly weapon in a public
place in a manner calculated to alarm;




calculated

To make for a deliberate purpose

to

alarm

# A sudden fear caused by the realization of danger.
# A warning of existing or approaching danger.



so you must prove the defendant knowingly and purposely carried the arm in a manner that he intended to cause panic. IE. walking down the street pointing it at people. simply the presence of a weapon should not cause alarm or panic in reasonable people. the Jury would be asked to judge the case based on what a reasonable person would do. that is why they don't arrest people simply because they have an uncased firearm.
Link Posted: 2/4/2006 1:13:46 PM EDT

Originally Posted By hk940:
simply the presence of a weapon should not cause alarm or panic in reasonable people. the Jury would be asked to judge the case based on what a reasonable person would do. that is why they don't arrest people simply because they have an uncased firearm.



You can do a search, I posted a story a few months back, that also appeared in TSRA magazine, about a guy with a musket (not a firearm) on his car seat at a Sonic in Plano, some soccer mom called police. He was just about to get arrested when a supervisor intervened if I recall correctly.
Link Posted: 2/4/2006 3:29:03 PM EDT
Besides - you may beat the rap with that defense.... but if you walk around with a rifle slung on you a lot.... I guarantee you wont beat the ride.
Link Posted: 2/4/2006 7:07:08 PM EDT

Originally Posted By RenegadeX:
a musket (not a firearm)



A musket isn't a firearm?
Link Posted: 2/5/2006 2:50:53 AM EDT

Originally Posted By RenegadeX:

Originally Posted By hk940:
simply the presence of a weapon should not cause alarm or panic in reasonable people. the Jury would be asked to judge the case based on what a reasonable person would do. that is why they don't arrest people simply because they have an uncased firearm.



You can do a search, I posted a story a few months back, that also appeared in TSRA magazine, about a guy with a musket (not a firearm) on his car seat at a Sonic in Plano, some soccer mom called police. He was just about to get arrested when a supervisor intervened if I recall correctly.



I received a photocopy of this article when I took my CHL class...
Link Posted: 2/5/2006 6:37:21 AM EDT
[Last Edit: 2/5/2006 6:38:26 AM EDT by RenegadeX]

Originally Posted By DaTrueDave:

Originally Posted By RenegadeX:
a musket (not a firearm)



A musket isn't a firearm?



It was made well before 1898, not a firearm by definition.
Link Posted: 2/5/2006 9:13:53 AM EDT
Texas Penal Code;

46.01 Definitions



(3) "Firearm" means any device designed, made, or adapted to
expel a projectile through a barrel by using the energy generated by
an explosion or burning substance or any device readily convertible to
that use. Firearm does not include a firearm that may have, as an
integral part, a folding knife blade or other characteristics of
weapons made illegal by this chapter and that is:

(A) an antique or curio firearm manufactured before 1899; or

(B) a replica of an antique or curio firearm manufactured
before 1899, but only if the replica does not use rim fire or center
fire ammunition.
Link Posted: 2/5/2006 2:20:42 PM EDT
Link Posted: 2/5/2006 5:47:09 PM EDT

Originally Posted By MrsGloftoe:
FWIW I think that San Antonio has a local ordinance that makes carrying a loaded rifle in your vehicle illegal. Yes, that law is illegal, but are you able to be the test case?



Lock back knives too....
Link Posted: 2/5/2006 7:32:44 PM EDT
Link Posted: 2/5/2006 9:08:25 PM EDT

Originally Posted By ilikelegs:

Originally Posted By Energizer:
Besides - you may beat the rap with that defense.... but if you walk around with a rifle slung on you a lot.... I guarantee you wont beat the ride.



Didn't your buddy "johnphin" have a thread about this a long time ago?



Keep trying, Your CoC violations are mounting.
Link Posted: 2/5/2006 9:16:28 PM EDT
Link Posted: 2/5/2006 9:54:38 PM EDT

Originally Posted By txinvestigator:
Texas Penal Code;

46.01 Definitions



(3) "Firearm" means any device designed, made, or adapted to
expel a projectile through a barrel by using the energy generated by
an explosion or burning substance or any device readily convertible to
that use. Firearm does not include a firearm that may have, as an
integral part, a folding knife blade or other characteristics of
weapons made illegal by this chapter and that is:

(A) an antique or curio firearm manufactured before 1899; or

(B) a replica of an antique or curio firearm manufactured
before 1899, but only if the replica does not use rim fire or center
fire ammunition.


Huh... Learn something new every day.

I wonder how hard it would be to convince a judge/jury that a modern muzzleloader is a "replica" of an antique firearm?
Link Posted: 2/5/2006 10:24:30 PM EDT

Originally Posted By DaTrueDave:

Originally Posted By txinvestigator:
Texas Penal Code;

46.01 Definitions



(3) "Firearm" means any device designed, made, or adapted to
expel a projectile through a barrel by using the energy generated by
an explosion or burning substance or any device readily convertible to
that use. Firearm does not include a firearm that may have, as an
integral part, a folding knife blade or other characteristics of
weapons made illegal by this chapter and that is:

(A) an antique or curio firearm manufactured before 1899; or

(B) a replica of an antique or curio firearm manufactured
before 1899, but only if the replica does not use rim fire or center
fire ammunition.


Huh... Learn something new every day.

I wonder how hard it would be to convince a judge/jury that a modern muzzleloader is a "replica" of an antique firearm?

Technically, you can carry (open even) an antique cartridge pistol or an antique or replica muzzleloader, since the definition of "handgun" relies on the defintion of "firearm". Probably guaranteed to be hassled at the very least.
Link Posted: 2/7/2006 6:49:23 PM EDT
any law against carrying a concealed SBR, with the right paper work of course
Link Posted: 2/8/2006 7:46:47 AM EDT

Originally Posted By bigbear_98:
any law against carrying a concealed SBR, with the right paper work of course



You could get arrested while they sort it out, technically NFA registration is a 'defense to prosecution'.
Link Posted: 2/8/2006 10:22:03 AM EDT

Originally Posted By RenegadeX:

Originally Posted By hk940:
simply the presence of a weapon should not cause alarm or panic in reasonable people. the Jury would be asked to judge the case based on what a reasonable person would do. that is why they don't arrest people simply because they have an uncased firearm.



You can do a search, I posted a story a few months back, that also appeared in TSRA magazine, about a guy with a musket (not a firearm) on his car seat at a Sonic in Plano, some soccer mom called police. He was just about to get arrested when a supervisor intervened if I recall correctly.



Yep. It was the TSRA Executive Director that just about got arrested. The LEO seemed to have no idea rifle carry was legal and that the musket Mr. Dark had was not even legally considered a firearm. Even though the musket was simply sitting in the front seat, the LEO was talking about 'brandishing' charges. A second LEO intervened.

Moral of the story, keep your rifle close, but hidden if you can. The sheeple are scared of even antique guns.
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