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Thread: Local Laws about open carry

  1. #1
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    Where can I find out about local legal laws about open carry in my area. Carrollton, Dallas TX. Thanks, N8 Walker

  2. #2
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    Welcome to the forum, first of all.

    The open carry of firearms in Texas is currently prohibited by State law. Section 46.02 of the Texas Penal Code states,
    ยง 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 if the person is not:
    (1) on the person's own premises or premises under the person's control; or
    (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
    (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
    (1) the handgun is in plain view; or
    (2) the person is:
    (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
    (B) prohibited by law from possessing a firearm; or
    (C) a member of a criminal street gang, as defined by Section 71.01.
    (a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
    (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.
    The law makes provision elsewhere for the carrying of concealed weapons by a CHL holder.

    Now, you ARE allowed to carry however you want (openly or concealed)in your own home and on your own property. In addition, you are allowed to conceal a firearm within your vehicle with no permit required. There are additional exceptions made for peoplewho are lawfully hunting.Finally, this section only applies to the carrying of handguns; it is, believe it or not,not a crime according to State lawto carry a long gun (rifle or shotgun) openly. Doesn't mean you won't get hassled by the police (I said legal, not prudent), but the Supreme Court case of Florida v J.L., and the Texas 5th Circuit Appeals Court case ofGrieve v State, both say that a report of a man with a gun does not constitute reasonable suspicion of any crime.

    Texas is one of only 6 states, plus D.C.,where the open carryof firearms is prohibited. There is a petition online sponsored by the Texas Citizens Defense League, that seeks to change this state of affairs. You can read and sign it here: http://www.petitiononline.com/texasoc/petition.html.

    Welcome, feel free to look around, and we hope you visit often.


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