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Unfortunately, in Texas, one may not carry a '... llegal Knife, Handgun, or Club' regardless as to whether or not the carrying is incident to doing so knowingly, intentionally, or recklessly, as is codified under Texas Penal Law Sec. 46-02.
However, this Section does not make any reference to Long Guns, therefor; such carry in Public is Legal!
In contary to the provisions of Sec. 46-02, Texas Penal Code 46-03 does howeevr make reference to a/ny Firearm as for the places they are prohibited. In this instance, although Legal to carry Firearms [Long Guns] in Public, they, however, do become Illegal to or while at any: 1. School (which includes its grounds/bus/buildings etc.), 2. On the premises of any Voting Place on Voting Day, 3. Any Government Court Roomor its premises, 4. Racetraks, 5. Secure Areas of Airports, or 5. Within a 1000 feet of any execution at any location being used for such. The only exception that would be applicable to ordianry Persons with Long Guns in this instance would be for those who are in, on, or within their own vehicles, homes, or properties and this exception only applies to 46-03(6).
Now here is where things get interesting! Under Texas Penal Code 46.035, carrying a Handgun, even if Licensed under The Authority of Texas Government Code Subchapter H, 411, supra, is a crime if done while such Person is to or while at: 1. Any establishment that sells Alcohol for consumption on premises taht derives more tahn 51% of their business from Alcohol sells, 2. Any School Event(outside of School Grounds), 3. Correcetional Facilities, 4. Hospitals/Nursing Homes, 5. AmusementParks in counties withmore tahn 1,000,000 people as residents that encompass more tahn 75 acres of Land during the event,6. Churchs/Places of Worship, 7. Governmental entity meetings (Such as City Council Meetings, etc.), 8. While intoxicated, or finally, 9. Carrying a Handgun Openlyon or about the Person (unlessit is done in Self-Defense) in any other place anywhere in Texas.
What makes Paragraph 3 important is that it only applies to andeffects Handguns, not Long Guns. Therefore, none of the Places listed in Texas Penal Code Sec. 46-035 apply to or effect Long Guns, and therefor they may be carried, yes openly carried, to all of those places(except correctional facilities Texas Penal Code Sec. 46-10)as long as they are not carried to any place listed under Texas Penal Code 46.03.
Seemingly, Texas Penal Code Sec. 46-10 only applies to Persons who are confined within the institution, but this is a risky perspective to take. Texas Penal Code Sec. 46-10 is written in a way that could effect any other Person, so it is best not to take any Firearm there at all.
Texas Penal Code Sec. 46-11 is a penalty enhancer if the conduct which is otherwise forbidden under in otherPenal Code in article 46-X takes place: 1. Within 300 feet of a School, or 2. At an premises where a School event is taking place. The penalty enhancerincreases the punishment to the next highest offenseif either one of those is true-therefore, aThrid Degree Felony Conviction! This applies to all Firearms and Weapons, if and only if, The State can prove a certain underlining offense making these provisions applicable. Therefore, if no offense is being commited, then this penalty enhancer can not be applied, even if the conditions under the penalty enhancer are true.
Under Nonapplicability Law, Texas Penal Code Sec. 46-15, one may carry a/n llegal Knife, Handgun, or Club if that Person is either: 1. 'Traveling'... no definition of what Traveling is though, 2. enganging in Hunting, Fishing, or Sporting Activity, or 3. (In the case of Handguns) is a Holder of a Valid Concealed Handgun Permit and is carrying said Handgun Concealed.
In esssecence... do not carry a Knife, or Club at all. Do not carry a Handgun unless you have a Permit to do so and it is Concealed at all times.
However, although a Person can not carry those things listed above, walking around with a Long Gun is simingly OK in Texas, as long as a Person does not go into any Place as listed under Texas Penal Code Sec. 46-03.
You know... I have always heard Texas is the 'Lone-Star' State and such, Pro-Gun and all..., but after reading Texas Law concerning Firearms needless to say I am stunned by how strict Texas really is about these things, in a sense.
Can somebody explain to me what happened to make Texas this way? I know one thing for sure, if Iever come to Texas I willmake a point of it to be 'traveling'... whatever that is.
Unfortunately, in Texas, one may not carry a '... llegal Knife, Handgun, or Club' regardless as to whether or not the carrying is incident to doing so knowingly, intentionally, or recklessly, as is codified under Texas Penal Law Sec. 46-02.
However, this Section does not make any reference to Long Guns, therefor; such carry in Public is Legal!
In contary to the provisions of Sec. 46-02, Texas Penal Code 46-03 does howeevr make reference to a/ny Firearm as for the places they are prohibited. In this instance, although Legal to carry Firearms [Long Guns] in Public, they, however, do become Illegal to or while at any: 1. School (which includes its grounds/bus/buildings etc.), 2. On the premises of any Voting Place on Voting Day, 3. Any Government Court Roomor its premises, 4. Racetraks, 5. Secure Areas of Airports, or 5. Within a 1000 feet of any execution at any location being used for such. The only exception that would be applicable to ordianry Persons with Long Guns in this instance would be for those who are in, on, or within their own vehicles, homes, or properties and this exception only applies to 46-03(6).
Now here is where things get interesting! Under Texas Penal Code 46.035, carrying a Handgun, even if Licensed under The Authority of Texas Government Code Subchapter H, 411, supra, is a crime if done while such Person is to or while at: 1. Any establishment that sells Alcohol for consumption on premises taht derives more tahn 51% of their business from Alcohol sells, 2. Any School Event(outside of School Grounds), 3. Correcetional Facilities, 4. Hospitals/Nursing Homes, 5. AmusementParks in counties withmore tahn 1,000,000 people as residents that encompass more tahn 75 acres of Land during the event,6. Churchs/Places of Worship, 7. Governmental entity meetings (Such as City Council Meetings, etc.), 8. While intoxicated, or finally, 9. Carrying a Handgun Openlyon or about the Person (unlessit is done in Self-Defense) in any other place anywhere in Texas.
What makes Paragraph 3 important is that it only applies to andeffects Handguns, not Long Guns. Therefore, none of the Places listed in Texas Penal Code Sec. 46-035 apply to or effect Long Guns, and therefor they may be carried, yes openly carried, to all of those places(except correctional facilities Texas Penal Code Sec. 46-10)as long as they are not carried to any place listed under Texas Penal Code 46.03.
Seemingly, Texas Penal Code Sec. 46-10 only applies to Persons who are confined within the institution, but this is a risky perspective to take. Texas Penal Code Sec. 46-10 is written in a way that could effect any other Person, so it is best not to take any Firearm there at all.
Texas Penal Code Sec. 46-11 is a penalty enhancer if the conduct which is otherwise forbidden under in otherPenal Code in article 46-X takes place: 1. Within 300 feet of a School, or 2. At an premises where a School event is taking place. The penalty enhancerincreases the punishment to the next highest offenseif either one of those is true-therefore, aThrid Degree Felony Conviction! This applies to all Firearms and Weapons, if and only if, The State can prove a certain underlining offense making these provisions applicable. Therefore, if no offense is being commited, then this penalty enhancer can not be applied, even if the conditions under the penalty enhancer are true.
Under Nonapplicability Law, Texas Penal Code Sec. 46-15, one may carry a/n llegal Knife, Handgun, or Club if that Person is either: 1. 'Traveling'... no definition of what Traveling is though, 2. enganging in Hunting, Fishing, or Sporting Activity, or 3. (In the case of Handguns) is a Holder of a Valid Concealed Handgun Permit and is carrying said Handgun Concealed.
In esssecence... do not carry a Knife, or Club at all. Do not carry a Handgun unless you have a Permit to do so and it is Concealed at all times.
However, although a Person can not carry those things listed above, walking around with a Long Gun is simingly OK in Texas, as long as a Person does not go into any Place as listed under Texas Penal Code Sec. 46-03.
You know... I have always heard Texas is the 'Lone-Star' State and such, Pro-Gun and all..., but after reading Texas Law concerning Firearms needless to say I am stunned by how strict Texas really is about these things, in a sense.
Can somebody explain to me what happened to make Texas this way? I know one thing for sure, if Iever come to Texas I willmake a point of it to be 'traveling'... whatever that is.