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7om5hipp

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Joined
Aug 12, 2013
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144
Location
Centralia, MO
Alright, I am sure that this has been asked plenty of times but I was hoping to get updated info without having to go digging. I visit Texas once or twice a year to see my family, I'm from Texas but now reside in Missouri. I know that OC is illegal when it comes to handguns, and I have heard that OC of a rifle is legal. I am wanting to know what type of rifle is allowed and what requirements are needed. Does it have to be semi auto, bolt, does it have to not have a round chambered. I figure if I can't carry my handgun I will carry my rifle while visiting.
 

KBCraig

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Aug 7, 2007
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4,886
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Granite State of Mind
Texas law is completely silent on carry of long guns, other than in places where all firearms are prohibited (Penal Code Section 46.03).

As long as it's not a handgun, carry away... openly or not, loaded or not, rifle or shotgun, single shot or full auto (with the tax stamp, of course).
 

7om5hipp

Regular Member
Joined
Aug 12, 2013
Messages
144
Location
Centralia, MO
Alright. All I needed to know, I also noticed that the law states that anything older then a certain date is not considered a firearm. Anyone have any first hand knowledge on that, only reason I ask is because I like older guns and I have been looking at some older pistols, mostly an older Nagant since mine is a 1926 model.
 

stealthyeliminator

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Dec 29, 2008
Messages
3,100
Location
Texas
Alright. All I needed to know, I also noticed that the law states that anything older then a certain date is not considered a firearm. Anyone have any first hand knowledge on that, only reason I ask is because I like older guns and I have been looking at some older pistols, mostly an older Nagant since mine is a 1926 model.

As far as I know, there's not yet any court precedent on that issue, but there might be soon because a couple of people were recently arrested at the capital for openly carrying pistols that supposedly did not meet the legislated definition of firearm.

The law reads
(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.

So I don't think it'd effect your ability to carry a 1926 model pistol.

Here is a link in case you would like to read the full text: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm
 
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7om5hipp

Regular Member
Joined
Aug 12, 2013
Messages
144
Location
Centralia, MO
Well I think it might since it was made after their firearm date, according to what you posted. I think I'll stick with my rifle. Granted that might stand out a bit since I use a Mosin 9130, lol. Still amazes me that you can carry a rifle, but not a side arm....Anywho. Thanks for the info guys.
 

stealthyeliminator

Regular Member
Joined
Dec 29, 2008
Messages
3,100
Location
Texas
It has to have been manufactured BEFORE 1899 (or a replica of a pre-1899 firearm that doesn't use rim or center fire ammo) to DISQUALIFY it from being a firearm per state law, so a firearm manufactured AFTER 1899 DOES qualify as a firearm. I'm assuming that your model 1926 was manufactured in or after 1926

Note that I'm typing this on a small touch screen so its hard to express emphasis outside of caps - please don't take my caps as if I'm yelling :)

Edit - I put 1988 instead of 1899, wouldn't that be nice, lol
 
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7om5hipp

Regular Member
Joined
Aug 12, 2013
Messages
144
Location
Centralia, MO
Yeah, I carry a Nagant that was stamped as being made in 1926. So unless I can find myself an original I doubt I will carry it, I'll just sling my rifle on my shoulder and do my visiting. Will admit though, I miss Texas every day but I am glad Missouri allows OC of a handgun. Any word on the law being changed down there?
 

stealthyeliminator

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Dec 29, 2008
Messages
3,100
Location
Texas
I'm not sure what plans there are going forward. There was a bill introduced this past session that would have removed the concealment requirement for CHL holders, but as I understand it, the bill was essentially blocked and couldn't get through committee.
 

7om5hipp

Regular Member
Joined
Aug 12, 2013
Messages
144
Location
Centralia, MO
You know, I always imagined that Texas would be the type for OC. But oh well, at least they allow some form of carry outside of CC.
 
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