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Open carry of long arms?
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SA-TX
Centurion
imported post
Dr. Fresh wrote:
Completely legal. The Texas Constitution only gives the legislature the right to restrict the "wearing of arms" and the Texas Supreme Court decided long ago (I don't have the citation in front of me at the moment though; I'll bet someone can provide it) that long guns (rifles, shotguns) aren't "worn" and thus can't be regulated by law.
That said, take heed what the others have posted: while it is legal to openly carry, loaded or unloaded, long arms in Texas doing so in urban areas will probably earn you a chat with the local police. Also, as has been pointed out, if you leave a valuable item -- like a long gun -- visible in your vehicle in an urban area you risk having your vehicle burgalized.
I think the best way to think about it is this: in urban Texas, feel free to go to the range or travel to your hunting spot with your long guns present any way you like. Even if you get pulled over, you are legal. In rural areas, "gun rack carry" is more accepted and probably won't get stolen.
Dr. Fresh wrote:
Completely legal. The Texas Constitution only gives the legislature the right to restrict the "wearing of arms" and the Texas Supreme Court decided long ago (I don't have the citation in front of me at the moment though; I'll bet someone can provide it) that long guns (rifles, shotguns) aren't "worn" and thus can't be regulated by law.
That said, take heed what the others have posted: while it is legal to openly carry, loaded or unloaded, long arms in Texas doing so in urban areas will probably earn you a chat with the local police. Also, as has been pointed out, if you leave a valuable item -- like a long gun -- visible in your vehicle in an urban area you risk having your vehicle burgalized.
I think the best way to think about it is this: in urban Texas, feel free to go to the range or travel to your hunting spot with your long guns present any way you like. Even if you get pulled over, you are legal. In rural areas, "gun rack carry" is more accepted and probably won't get stolen.
SA-TX
Centurion
imported post
Dr. Fresh wrote:
That said, take heed what the others have posted: while it is legal to openly carry, loaded or unloaded, long arms in Texas doing so in urban areas will probably earn you a chat with the local police. Also, as has been pointed out, if you leave a valuable item -- like a long gun -- visible in your vehicle in an urban area you risk having your vehicle burgalized.
I think the best way to think about it is this: in urban Texas, feel free to go to the range or travel to your hunting spot with your long guns present any way you like. Even if you get pulled over, you are legal. In rural areas, "gun rack carry" is more accepted and probably won't get stolen.
Dr. Fresh wrote:
Completely legal. The Texas Constitution only gives the legislature the right to restrict the "wearing of arms" and the Texas Supreme Court decided long ago (I don't have the citation in front of me at the moment though; I'll bet someone can provide it) that long guns (rifles, shotguns) aren't "worn" and thus can't be regulated by law.
That said, take heed what the others have posted: while it is legal to openly carry, loaded or unloaded, long arms in Texas doing so in urban areas will probably earn you a chat with the local police. Also, as has been pointed out, if you leave a valuable item -- like a long gun -- visible in your vehicle in an urban area you risk having your vehicle burgalized.
I think the best way to think about it is this: in urban Texas, feel free to go to the range or travel to your hunting spot with your long guns present any way you like. Even if you get pulled over, you are legal. In rural areas, "gun rack carry" is more accepted and probably won't get stolen.
SA-TX
Centurion
imported post
Dr. Fresh wrote:
That said, take heed what the others have posted: while it is legal to openly carry, loaded or unloaded, long arms in Texas doing so in urban areas will probably earn you a chat with the local police. Also, as has been pointed out, if you leave a valuable item -- like a long gun -- visible in your vehicle in an urban area you risk having your vehicle burgalized.
I think the best way to think about it is this: in urban Texas, feel free to go to the range or travel to your hunting spot with your long guns present any way you like. Even if you get pulled over, you are legal. In rural areas, "gun rack carry" is more accepted and probably won't get stolen.
Dr. Fresh wrote:
Completely legal. The Texas Constitution only gives the legislature the right to restrict the "wearing of arms" and the Texas Supreme Court decided long ago (I don't have the citation in front of me at the moment though; I'll bet someone can provide it) that long guns (rifles, shotguns) aren't "worn" and thus can't be regulated by law.
That said, take heed what the others have posted: while it is legal to openly carry, loaded or unloaded, long arms in Texas doing so in urban areas will probably earn you a chat with the local police. Also, as has been pointed out, if you leave a valuable item -- like a long gun -- visible in your vehicle in an urban area you risk having your vehicle burgalized.
I think the best way to think about it is this: in urban Texas, feel free to go to the range or travel to your hunting spot with your long guns present any way you like. Even if you get pulled over, you are legal. In rural areas, "gun rack carry" is more accepted and probably won't get stolen.
imported post
SA-TX wrote:
SA-TX wrote:
Haha, nice accidental triple post. Thanks for the reply. I plan on moving to TX at some point (I live in WA now), and I'd like to keep a 12 gauge hidden in the trunk. Good to know I can. BTW, I plan on living in the country.
Republican
Regular Member
imported post
I used to carry a short barreled shotgun under a trench coat in Texas. There were no laws saying I could not do so. Now that I have my CHL, I still carry the shotgun under a coat on occasion. There are not any rules/laws concerning the carrying of long guns except in alcohol serving/selling places, court houses and the like.
I used to carry a short barreled shotgun under a trench coat in Texas. There were no laws saying I could not do so. Now that I have my CHL, I still carry the shotgun under a coat on occasion. There are not any rules/laws concerning the carrying of long guns except in alcohol serving/selling places, court houses and the like.
Republican
Regular Member
imported post
Count wrote:
Count wrote:
The signs are POSTED about the unlicensed carry of WEAPONS being a felonyin places that serve/sell alcohol.
KBCraig
Regular Member
imported post
Republican wrote:
There is no statute prohibiting long guns in places that sell or serve alcohol. At least not that I can find -- if someone can find it, please cite it.
Republican wrote:
Yes, but signs are not statutes.
There is no statute prohibiting long guns in places that sell or serve alcohol. At least not that I can find -- if someone can find it, please cite it.
Republican
Regular Member
imported post
I do not know the particular statute , but the signs state unlicensed "WEAPONS" are a felony. The CHL is for handguns. I'm not a lawyer so I could not tell you about long guns. I would imagine they fall under the "weapons" category.
I do not know the particular statute , but the signs state unlicensed "WEAPONS" are a felony. The CHL is for handguns. I'm not a lawyer so I could not tell you about long guns. I would imagine they fall under the "weapons" category.
KBCraig
Regular Member
imported post
Republican wrote:
You can't be charged with UCW for a long gun, only a handgun (and various other things). Here's the statute, with irrelevant portions snipped and important sections highlighted:
§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club...
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
Nothing there about long guns. Only a "handgun, illegal knife, or club" qualify for the charge of UCW, and then enhanced (felony) penalty of UCW on TABC-licensed premises.
Kevin
Republican wrote:
"Unlawfully Carrying a Weapon" (UCW, Penal Code 46.02) is a misdemeanor, except in a TABC licensed premises, whereupon it becomes a felony.
You can't be charged with UCW for a long gun, only a handgun (and various other things). Here's the statute, with irrelevant portions snipped and important sections highlighted:
§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club...
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
Nothing there about long guns. Only a "handgun, illegal knife, or club" qualify for the charge of UCW, and then enhanced (felony) penalty of UCW on TABC-licensed premises.
Kevin
Republican
Regular Member
imported post
You can be charged with anything the cops can come up with. Getting prosecuted is another story. Be prepared to spendlegal fee oney.
The posted signed say "weapons" which leaves lots of room for interpretation.
Thanks for the research.
You can be charged with anything the cops can come up with. Getting prosecuted is another story. Be prepared to spendlegal fee oney.
The posted signed say "weapons" which leaves lots of room for interpretation.
Thanks for the research.
Republican
Regular Member
imported post
KBCraig wrote:
style="BACKGROUND-COLOR: #f8f8f8"Be prepared to get arrested and go to jail. A cop can arrest you for anything he desires. Getting prosecuted is another story.
style="BACKGROUND-COLOR: #f8f8f8"It will cost you legal fees, time off from work, and maybe your firearm.
Remember the signs state "weapons".
style="BACKGROUND-COLOR: #f8f8f8"
KBCraig wrote:
style="BACKGROUND-COLOR: #f8f8f8"Be prepared to get arrested and go to jail. A cop can arrest you for anything he desires. Getting prosecuted is another story.
style="BACKGROUND-COLOR: #f8f8f8"It will cost you legal fees, time off from work, and maybe your firearm.
Remember the signs state "weapons".
style="BACKGROUND-COLOR: #f8f8f8"
Republican
Regular Member
imported post
The only one I would trust with a ruling would be the Attorney General. In the old days, 99% of all Texas cops could not give you the definition of "traveling" for the carry of a handgun.
Even if you're in the right, it costs time and money getting arrested. And remember, a cop can arrest you for ANYTHING. It gets worked out in court (after you've spent money on bail, legal fees, etc)later.
The only one I would trust with a ruling would be the Attorney General. In the old days, 99% of all Texas cops could not give you the definition of "traveling" for the carry of a handgun.
Even if you're in the right, it costs time and money getting arrested. And remember, a cop can arrest you for ANYTHING. It gets worked out in court (after you've spent money on bail, legal fees, etc)later.
Republican
Regular Member
imported post
To get arrested for carrying a long gun only takes someone to be "alarmed". If you carry around a rifle, you will sooner than later "alarm" someone.
To get arrested for carrying a long gun only takes someone to be "alarmed". If you carry around a rifle, you will sooner than later "alarm" someone.
KBCraig
Regular Member
imported post
Republican wrote:
Republican, you seem like a sharp guy, but you need to do some reading. Here is the link to the home page for all Texas statutes:
http://tlo2.tlc.state.tx.us/statutes/statutes.html
Specifically, here is the section of the Penal Code you're looking for:
§ 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;
To be disorderly conduct for openly carrying a long gun in public, you must intentionally or knowingly display it in a manner calculated to alarm.
In common terminology, "brandish" intending to scare someone, although "brandish" doesn't appear in the statutes.
Republican wrote:
:banghead:
Republican, you seem like a sharp guy, but you need to do some reading. Here is the link to the home page for all Texas statutes:
http://tlo2.tlc.state.tx.us/statutes/statutes.html
Specifically, here is the section of the Penal Code you're looking for:
§ 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;
To be disorderly conduct for openly carrying a long gun in public, you must intentionally or knowingly display it in a manner calculated to alarm.
In common terminology, "brandish" intending to scare someone, although "brandish" doesn't appear in the statutes.
imported post
In the city of Arlington Texas you will get arrested for disorderly conduct... it is an illegal order from the chief to the officers that was sent out in a memo format... trust me on this... I agree it is a false arrest, but the correct reading of the law doesn't matter when you have anti-gun chiefs in charge.
In the city of Arlington Texas you will get arrested for disorderly conduct... it is an illegal order from the chief to the officers that was sent out in a memo format... trust me on this... I agree it is a false arrest, but the correct reading of the law doesn't matter when you have anti-gun chiefs in charge.
SA-TX
Centurion
imported post
Count wrote:
It matters if you have a good attorney and he sues the city using that memo as evidence. Even police chiefs lose their jobs if they cause a big, unnecessary settlement check to be written (see Chief Bolton from Dallas).
If you want to help see this injustice rectified, please post a copy of said memo. Hopefully TSRA, Charles of TexasCHL.org or some otherfellow Texan in a position to help will put the appropriate pressure on the good chief to revise his ill-considered order.
Count wrote:
It matters if you have a good attorney and he sues the city using that memo as evidence. Even police chiefs lose their jobs if they cause a big, unnecessary settlement check to be written (see Chief Bolton from Dallas).
If you want to help see this injustice rectified, please post a copy of said memo. Hopefully TSRA, Charles of TexasCHL.org or some otherfellow Texan in a position to help will put the appropriate pressure on the good chief to revise his ill-considered order.