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Thread: open carry rifles?

  1. #1
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    Hey guys I really like reading all of the discussion about open carring and encounters. I live in Texas and cannot enjoy the liberty of OC. As soon as I'm 21 I plan on getting my CHL. But anyway, I had a question that I have googled into the ground and couldn't really find anything.

    I was just wondering if any state allows open carry of rifiles? I mean, if you can OC a pistol why not go all the way and sling a rifle on your back?

    Though I would agree that it would get rather awkward and whatnot to carry it around all day or whatever. But having the option would be nice.

    If rifles are a no go.. What about carring one of those AK pistols?


    Thanks.

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    uncoolx2 wrote:
    Hey guys I really like reading all of the discussion about open carring and encounters. I live in Texas and cannot enjoy the liberty of OC. As soon as I'm 21 I plan on getting my CHL. But anyway, I had a question that I have googled into the ground and couldn't really find anything.

    I was just wondering if any state allows open carry of rifiles? I mean, if you can OC a pistol why not go all the way and sling a rifle on your back?

    Though I would agree that it would get rather awkward and whatnot to carry it around all day or whatever. But having the option would be nice.

    If rifles are a no go.. What about carring one of those AK pistols?
    This web site focusses on the open carry of handguns; generally, the open carry if rifles isless regulated than handgun carry. When posting to this discussion board, please do some preliminary research first, and post your results - preliminary conclusions and authorities (links to laws, cases, articles, etc.), thanks.

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    The quick answerer is yes.

    The long answer depends on where you are and whether or not the rifle is loaded.

    Here in California, there is a prohibition for carrying any firearm loaded in a public place in incorporated territory- like inside city limits.(PC12031) I would have to do more research on it, but I believe there is no prohibition to say, carrying a sholder slung AR-15 or an AK clone, so long as the chamber is empty and theres no magazine attached to the reciever.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
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    ConditionThree wrote:
    The quick answerer is yes.

    The long answer depends on where you are and whether or not the rifle is loaded.

    Here in California, there is a prohibition for carrying any firearm loaded in a public place in incorporated territory- like inside city limits.(PC12031) I would have to do more research on it, but I believe there is no prohibition to say, carrying a sholder slung AR-15 or an AK clone, so long as the chamber is empty and theres no magazine attached to the reciever.
    Oh man, I would love to see some California AR / AK owners carry their rifles around unloaded in public. Imagine the panic reaction people would have, and the reaction of the police when the find out that you're not breaking any laws. I doubt many would have the balls to do that though.

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    Mike wrote:
    uncoolx2 wrote:
    Hey guys I really like reading all of the discussion about open carring and encounters. I live in Texas and cannot enjoy the liberty of OC. As soon as I'm 21 I plan on getting my CHL. But anyway, I had a question that I have googled into the ground and couldn't really find anything.

    I was just wondering if any state allows open carry of rifiles? I mean, if you can OC a pistol why not go all the way and sling a rifle on your back?

    Though I would agree that it would get rather awkward and whatnot to carry it around all day or whatever. But having the option would be nice.

    If rifles are a no go.. What about carring one of those AK pistols?
    This web site focusses on the open carry of handguns; generally, the open carry if rifles isless regulated than handgun carry. When posting to this discussion board, please do some preliminary research first, and post your results - preliminary conclusions and authorities (links to laws, cases, articles, etc.), thanks.
    Perhaps I should have been more clear.. I have searched many terms relating to open carring of rifles/long guns and have come up with only things pertaining to open carry of handguns.

    I understand that the main focus of the website is open carry of handguns. But I have not found a forum that is more related to my question. If there is please point me in that direction.

    As for the AK pistol question I was just curious and wondered if my assumption was correct. That is, that technically a pistol it would be legal to OC in open carry states. (if it meets any magazine cap. regulations of course).

    Also I should have mentioned states that I was interested in and not have left it such a broad question. Though because I had assumed that there would be few or no states that allowed it because I could not find anything in my searches. So Texas of course since that where I'm currently located and also North Carolina because that is a potential moving point - since they will be building a 4 line road through to middle of our farm.

    Thanks for the input so far.

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    uncoolx2 wrote:
    I have searched many terms relating to open carring of rifles/long guns and have come up with only things pertaining to open carry of handguns.
    We encourage folks to directly search the online statutes of the state in question.

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    I live in Colorado now, but I lived for many years in Texas around Waco. Texas has no laws against OCing with any long gun, be it a rifle, shotgun, or cannon, and their preemption prevents localities from passing laws except for ones regulating the discharge of firearms, or the carrying of any firearm period in a list of enumerated places spelled out at the state level: bars, restaurants that derrive 51% or more of their income from alcohol, ANY public or private school/university, sporting events, places of worship, horse/dog tracks, courthouses, jails, or secured areas of an airport. Except for those places, you're free to tote a rifle around.

    In terms of the whole "disturbing the peace" side of the argument, the AG of Texas issued an opinion in the early 1970s stating that "routine carry of a firearm" was not disturbing the peace. This pretty much means that carrying a rifle or shotgun on a sling over your shoulder is a "routine" way of carrying a rifle to transport it, not employ it immediately as a weapon; this was born out of the KKK being active across the south in the 1960s (much like North Carolina's law), and is aimed at people armed to injure someone aggressively and not for self-defense.

    That said, I'd be careful about slinging an AR15 over my shoulder in Austin, Dallas, or Houston; anywhere else in the state, you'll probably just get some jealous stares or complements

    Edit - The relevant statutes/AG opinion are available on the Texas Legislature's website; don't want to be quoting stuff out of thin air at all!

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    It IS legal to openly carry long guns in Texas. In fact, any attempt to conceal long guns is illegal. Kinda ironic that it is legal to carry an unconcealedlong gun, but not an unconcealed handgun. You'd think that Texas, which has the second highest number gun owners per capita of any state (New Hampshire is number 1), would at least allow the open carry of handguns, with or without a license.

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    Wow. Texas might not be lost afterall. I googled and got to the texas legislature page and not to sure where to go from there. Sorry to be such a newb but I have to start somewhere.

    I have gotton to the website of the two towns that are closest to me and am current looking for ordinances. I say this because I wanna say one town recently passed some anti gun ordinances and that might conflict with what denwago said. And a big thank you for looking that up. Like I just said im looking forward to learning to see it for myself on their website if i can get a little help

    I like to learn and if i do find out it is perfectly legal, then I would have to find my balls... but untill then...

    Thanks again!

    ::EDIT::
    to my surprise I could not find any ordinances against it other than discharging a weapon. Oh and i think I'm starting to figure out the texas leg site... I think i jumped the gun asking for help

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    I got done searching and reading some of the statutes (keys words such as firearm and long gun) and agree that i can't find a thing prohibiting it. And I found a page to reasure myself. It is a nice table of where you can and can't carry a handgun or long gun with and without permits.

    http://tsra.com/index.php?p=page&id=110

    Though it was last updated 1998.

    I got onto the attorney general of texas website and couldn't find the opinion that you stated. It doesn't seem to go that far back in time. Where/how to you search for it on their site or what is the link? Because thats the one thing that worries me the most is "dusturbing the peace".

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    tattedupboy wrote:
    It IS legal to openly carry long guns in Texas. In fact, any attempt to conceal long guns is illegal.
    Texas law has makes no mention whatsoever of the carry of long guns. The most relevant section is:

    ยง 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.

    It is legal to carry a long gun however you like as long as you do not go into a place specificall listed as prohibited, and do not carry it in a "threatening" manner. Concealed carry is perfectly legal--I have considered getting a shotgun that is at the minimum length allowed by NFA and concealing is under an overcoat to see if it can be done.

    uncoolx2wrote:

    If rifles are a no go.. What about carring one of those AK pistols?
    That would be illegal to carry concealed unless you have a CHL, or openly under most circumstances in Texas thanks to our current laws.


    denwegowrote:



    That said, I'd be careful about slinging an AR15 over my shoulder in Austin, Dallas, or Houston; anywhere else in the state, you'll probably just get some jealous stares or complements
    Actually, Houston police are supposedly aware of the legality of open carry of long guns. Our local Black Panthers were apparently guarding some of their leaders in public with slung AK clones. HPD tried to figure out what to charge them with, but were told by the District Atty that they were doing nothing illegal.


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    Nice tid bit of info hirundo82 about the black panthers, sure didnt know about that.

    What would be a "threatening manner"? Like anything but slung on your back muzzle up or down? And don't take it off your shoulder period?

    Does anyone know or know where I can find out if the AG of TX opinion "routine carry of a firearm" is still current? Because if I had to bring that up I would feel a little weird backing my claim of not disturbing the peace based on something over 30 years ago. Or does age not matter as long it has not been repealed?

    And say a bunch of people start complaining or everytime i decide to OC, 911 gets flooded with "man with a gun". I pray that is not disturbing the peace, right?

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