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Concealed carry question

Discussion in 'Legal' started by Ironhorse522, Feb 24, 2012.

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  1. Ironhorse522

    Ironhorse522 Member

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    I'm a security guard that works in the bad part of Houston, I;m 20 going on 21 and was wondering if it would be completely legal to carry my 1858 Remington capped and loaded?
    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.

    Does this make it legal?
     
  2. Telekinesis

    Telekinesis Member

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    Sorry, small semantics rant...
    Laws don't make things legal, they make things illegal by prohibiting specific actions. Then, in certain instances, they provide defenses to the law that makes an illegal action legal under the circumstances. Things such as "it is illegal to drive a vehicle on a public road UNLESS the driver has a license to do so".
    The classic argument (albeit a bad one) is "where in the code of law does is say you can breathe?" I agree, bad argument, doesn't have anything to do with the topic, bad debating technique etc. but you get the point.

    Generally, if you're under 21 and carrying concealed, you should get a permit. There are several states that issue to people under 21 and its not too difficult of a process. Its definitely better than trying to tell a cop "its not a 'firearm' under federal law! You have no right to arrest me!". Also, you're over 18 and can legally own a regular pistol, you just can't transfer it through a dealer. If this is just about having a gun in your car to protect yourself while going to and from work, use a real gun.

    As far as carrying while on duty as a security guard, that's a completely different issue. I'm not sure about TX, but I believe that security guards who carry firearms require a different license than regular security guards, and are further restricted to .38 revolvers. (that could be wrong or old info, but that's what I've heard about security guards.) Then you have to check your company policy on carry, because I assure you that they will consider a BP firearm the same as any other gun.

    You'll also have to look up the specific statutes referring to security guards, not just individuals carrying firearms. Only looking at one law to determine legality, especially when it doesn't completely apply to the situation, is just begging for you to get caught breaking another law you didn't know about.
     
  3. Birch Knoll

    Birch Knoll Member

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    It looks to me like Texas law would consider an 1858 Remington revolver to be a firearm (Federal definition notwithstanding), so carry one concealed would not be lawful without a CHL.

    Don't do it. Even if it were legal, you'd probably be fired for carrying a weapon on the job without permission.
     
  4. Ironhorse522

    Ironhorse522 Member

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    sorry I would not be carrying it, just having it loaded in my truck
    so does that mean in the state of Texas it would be legal to carry my 1911 in my truck loaded?
     
  5. ThorinNNY

    ThorinNNY Member

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    Ironhorse, maybe you should contact the Texas State Rifle Association and ask them.
    www.tsra.com
     
  6. Byrd666

    Byrd666 Member

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  7. Ironhorse522

    Ironhorse522 Member

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    I contacted them, I hope they can help. But since I'm over the age of 18 and can legally possess a handgun in the state of Texas and because of the Texas Motorist Protection Act I can carry my 1911 in my truck. Am I correct?
     
    Last edited: Feb 24, 2012
  8. allaroundhunter

    allaroundhunter Member

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    Yes, and I do. Except with an M&P9.

    The difference is, that Act is to protect you while you are IN your vehicle. Not to protect what you are being paid to protect. From an intruder. If you take it out of your vehicle to "investigate", you are breaking the law. Up to 10 years and $250,000....

    And if you have a 1911 why would you want to carry a cap and ball revolver?
     
  9. Ironhorse522

    Ironhorse522 Member

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    I love my beautiful state and my beautiful 1911, I didn't know about HB 1815 I thought the cap and ball fell underneath a loophole thats the only reason I would carry a cap and ball
     
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