Liko81
Founder's Club Member
imported post
This forum has a lot of good information in it regarding laws, and what it doesn't have can generally be found with a quick trip to Google. However, there is one VERY important and inconvenient truth that I do not think is mentioned often enough.
Regardless of any laws, pre-emption, or constitutional right to carry a gun, if a cop thinks you're going to jail, he's usually right.
Simply put:
You MAY beat the rap, but you WON'T beat the ride.
You can quote the state pre-emption statute verbatim, along with state laws specifically stating you have a right to carry openly, and federal law allowing you to travel with a gun in the car. It will not make a lick of difference if the officer wants to arrest you. Yes, it's a false arrest, yes, you will probably be cleared, and yes, you now have a free pass to show the department what actual and punitive damages as well as"reasonable attorney's fees" for malicious prosecution look like. However, you MUST ask yourself, "is it worth disrupting your life at this moment?" If you are arrested, kiss the next 6 hours of your life goodbye, at the very least. Get arrested on Friday evening and your weekend will be spent in a holding cell waiting to see a judge.
In some jurisdictions the disregard for State/federal law is systemic; for instance the city of Garland, TX, a suburb of Dallas, will arrest and prosecute individuals who carry a concealed weapon in their car without a permit, totally ignoring TxPC 46.02 which specifically makes an exception for that very activity. And this is Texas;such policyis more common in some other states, as evidenced by reports of police behavior. You could very well find yourself having to defend your behavior in court, and may even have to appeal. This must be considered when exercising a right in a jurisdiction that doesn't want you to do so.
So, in conclusion, it is your right, and laws may exist to recognize it. But if you don't want anytrouble,DO NOT rely on the written word. Call the State Troopers' department (sometimes it's the DPS, other times the DMV, sometimes they're their own agency) for every state you plan on driving through on your nextroad trip, and ask them what their policy is regarding carry of firearms, and whether they know of any jurisdictions that are stricter than they are. It doesn't matter how illegal their enforcement policy is; you have to ask yourself if exercising your rights is worth missing that big concert, or a sibling's wedding, or whatever else you're heading to, should you get pulled over in a city that openly bucks State law.
Now, before I get flamed for sounding defeatist or statist, let me disclaim the disclaimer. People here stand up for their rights, are arrested for it, and fight it. I applaud and encourage it with my every breath. WhatI want to discourage is the inference that, because it's your right and protected by Constitutional, Federal and State law, you can't be touched. That is an inference easily gained by casually reading some threads where questions about legality are asked. Nothing is further from the truth as those on this board will attest, and if you'd rather show up to be best man at your brother's wedding than be in a holding cell that weekend, that simply must be taken into consideration when deciding to OC or otherwise have your gun handy on the way there.
This forum has a lot of good information in it regarding laws, and what it doesn't have can generally be found with a quick trip to Google. However, there is one VERY important and inconvenient truth that I do not think is mentioned often enough.
Regardless of any laws, pre-emption, or constitutional right to carry a gun, if a cop thinks you're going to jail, he's usually right.
Simply put:
You MAY beat the rap, but you WON'T beat the ride.
You can quote the state pre-emption statute verbatim, along with state laws specifically stating you have a right to carry openly, and federal law allowing you to travel with a gun in the car. It will not make a lick of difference if the officer wants to arrest you. Yes, it's a false arrest, yes, you will probably be cleared, and yes, you now have a free pass to show the department what actual and punitive damages as well as"reasonable attorney's fees" for malicious prosecution look like. However, you MUST ask yourself, "is it worth disrupting your life at this moment?" If you are arrested, kiss the next 6 hours of your life goodbye, at the very least. Get arrested on Friday evening and your weekend will be spent in a holding cell waiting to see a judge.
In some jurisdictions the disregard for State/federal law is systemic; for instance the city of Garland, TX, a suburb of Dallas, will arrest and prosecute individuals who carry a concealed weapon in their car without a permit, totally ignoring TxPC 46.02 which specifically makes an exception for that very activity. And this is Texas;such policyis more common in some other states, as evidenced by reports of police behavior. You could very well find yourself having to defend your behavior in court, and may even have to appeal. This must be considered when exercising a right in a jurisdiction that doesn't want you to do so.
So, in conclusion, it is your right, and laws may exist to recognize it. But if you don't want anytrouble,DO NOT rely on the written word. Call the State Troopers' department (sometimes it's the DPS, other times the DMV, sometimes they're their own agency) for every state you plan on driving through on your nextroad trip, and ask them what their policy is regarding carry of firearms, and whether they know of any jurisdictions that are stricter than they are. It doesn't matter how illegal their enforcement policy is; you have to ask yourself if exercising your rights is worth missing that big concert, or a sibling's wedding, or whatever else you're heading to, should you get pulled over in a city that openly bucks State law.
Now, before I get flamed for sounding defeatist or statist, let me disclaim the disclaimer. People here stand up for their rights, are arrested for it, and fight it. I applaud and encourage it with my every breath. WhatI want to discourage is the inference that, because it's your right and protected by Constitutional, Federal and State law, you can't be touched. That is an inference easily gained by casually reading some threads where questions about legality are asked. Nothing is further from the truth as those on this board will attest, and if you'd rather show up to be best man at your brother's wedding than be in a holding cell that weekend, that simply must be taken into consideration when deciding to OC or otherwise have your gun handy on the way there.