Texas: Loaded shotgun in vehicle?


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Vicious-Peanut
February 21, 2010, 03:28 PM
Hey everyone,

I wanted to double check the legality of having a loaded shotgun in your vehicle, particularly under a jacket or such. My understanding is that it is legal, but I don't know if you attempt to 'hide' it? Also does anything change if you drive and park on university property?

Thanks

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nalioth
February 21, 2010, 03:54 PM
There are no restrictions on the carriage of long guns in Texas.

None.

Keep in mind the general firearm restrictions (not in a voting booth, "gun free zones", etc)

Vicious-Peanut
February 21, 2010, 04:09 PM
Cool, thanks.


Keep in mind the general firearm restrictions (not in a voting booth, "gun free zones", etc)

Good thing I don't take my truck into vote with me. :D

devildog32713
February 21, 2010, 04:42 PM
hmmm, I need to look up the Tennessee laws on this...

TexasRifleman
February 21, 2010, 05:13 PM
My understanding is that it is legal, but I don't know if you attempt to 'hide' it? Also does anything change if you drive and park on university property?

As mentioned, no long gun laws really at all. Open or concealed, whatever. As for the other question, firearms are prohibited:

(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

The definition of premise however:

(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

So, in the car is good.

Dokkalfar
February 23, 2010, 04:54 PM
Also does anything change if you drive and park on university property?

Legally, as TexasRifleman mentioned above, no. All perfectly legal outside of university buildings.

However, the university itself can take (not legal, but I can't think of the term I want here...) action against you within the school system. I don't know what university you would refer to, but SMU's Student Code of Conduct (which all students sign) states that you agree to not bring any firearms onto school-owned property, unless you are specifically going to or leaving the firearm check-in in Patterson Hall (police station) So, while the school can take administrative (that's the word!) action, and possibly kick you out or other discipline, you are legally clear.

Chas.
February 24, 2010, 12:35 PM
hmmm, I need to look up the Tennessee laws on this...

I just read this a couple of days ago. The legislature recently passed legislation that permits a permit holder carrying a loaded shotgun or rifle in a vehicle, PROVIDED no round is chambered.

GEM
February 24, 2010, 11:09 PM
I'm such a wet blanket. San Antonio has a city ordinance against loaded long arms in cars. We've discussed it and quoted it on Glock Talk (so you can search there for the reference).

It is constitutional (State of TX version), probably not. Has it been challenged? Not to my knowledge.

Do the cops think they can bust you for it? YES! I personally called the SAPD and their spokesperson says they can.

The ordinance was designed to take away gang members with SKS rifles.

So I caution you about this in San Antonio, you might beat the charge but maybe not the ride.

Also, if the long arm is seen on the campus - however, be prepared to meet the law. Better make darn sure, no one can see it. In today's environment, they are not going to give you an RKBA prize.

Now, don't flame me - I'm just telling you what is.

TexasRifleman
February 25, 2010, 01:22 PM
'm such a wet blanket. San Antonio has a city ordinance against loaded long arms in cars. We've discussed it and quoted it on Glock Talk (so you can search there for the reference).

Texas has a VERY strong preemption law.

Not a chance it would ever hold up, and they would be writing checks like mad if they actually arrested someone for it.

Personally I'd consider it a lottery win to be arrested for open carry of a shotgun in San Antonio.

Texas Penal Code:

Sec. 1.08. PREEMPTION. No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable

They could conceivably levy a fine, but with no criminal charges.

Now, I have no doubt they would tell you they would arrest for it if asked.

nalioth
February 25, 2010, 01:48 PM
San Antonio has a city ordinance against loaded long arms in cars. San Antonio has a few of these "faux" laws on it's books (all purportedly to keep gang bangers disarmed).

GEM
February 25, 2010, 09:36 PM
I am surprised the TSRA never took it on. But they have their own interests.

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