Researched something I did NOT know about Texas law

[MCgunner]

Funny thing, while I'm reading Texas statue as classifying pre 1899 cap and ball revolvers as not weapons or firearms, they get real antsy about knives with 6" blades. The law ain't necessarily logical.

You know, before CC was legal in Texas and I got my permit, I carried a .25ACP a lot. It saved me once and I didn't even have to shoot. The mugger had a knife.`The sight of the little gun and me racking the slide as I pulled it was enough. Last thing i saw of that guy was the bottoms of his shoes as he high tailed it down an alley. I didn't know, at the time, that a cap and ball gun even MIGHT be legal, but I wasn't all that into 'em. I had a Navy brasser back in the 70s and got a stainless ROA around 1980. I had nothing really concealable.

 

[elhombreconnonombre]

Yeah, the knife laws are really wacky. You can own just about any kind of edged weapon and carry it on your person on your own property. Youve probably have heard about the old boy who was fishing and an LEO came by investigating some sort of crime in the área and asked the fella if he could search his truck. The fellow agreed. The LEO found a Bowie knife in the fellas toolbox and arrested him since he was not on his property. Interesting that sellers can sell any kind of edged weapon, you can buy it and transport it from where you bought it to your property, but carry is restricted to your own property.
I used to open carry 2 cb revolvers in holsters on my hips and 2 in shoulder holsters to stimulate trade discussion at local gun shows with no problem from LEOs, but after the Open Carry protest incident in Austin I switched to checking in at security with my revolvers in a lap top bag....just in case.

 

[elhombreconnonombre]

Now that Open Carry if you have a CCL in Texas is on a fast track for approval how might this affect Open Carry of a cb revolver without a CCL...just food for thought...still might get you a ride to the pokey, right???

Which brings up another question. When it passes is LE going to ask Open Carry folks for their CCLs as a matter of course for enforcement. That's not done now unless you are involved in a traffic stop and self declare your CCL or just inform the officer you have one in the car.

 

[J.E. Walker]

Chapter 46 specifically excludes originals and replicas of pre-cartridge arms from the definition of "Firearm." Since the law defines a Handgun as " a firearm that etc..." There is technically no law against carrying them concealed or in the open. Expect the Duck Principle to apply. It looks like a handgun and, IS a handgun until proven otherwise.

 

[72coupe]

That knife thing is a problem for me. I carry a 22 inch machete in my truck all the time for work and have for 45 years. I also carry an axe and a brush hook.

 

[MCgunner]

Chapter 46 specifically excludes originals and replicas of pre-cartridge arms from the definition of "Firearm." Since the law defines a Handgun as " a firearm that etc..." There is technically no law against carrying them concealed or in the open. Expect the Duck Principle to apply. It looks like a handgun and, IS a handgun until proven otherwise.

If I did it, thing is, no one would know you had it unless you had to use it and, then, it's gonna be lawyer time, anyway. I've been kickin' around getting that Texas Law Shield thing, a hundred and something a year. Good legal insurance if you ever have to defend yourself with a firearm.

But, I found out the other day that you don't even need the reup class to reup your CHL anymore. 10 minutes online filling out the forms and 70 bucks gets it done. I did that last time, class had been changed to every other reup, but now it's eliminated. My last reup class was 2008 and looks like it'll be my last one ever. COOL!

So, anyway, it's just too easy for me and now that flashing is going to be TOTALLY superfluous what with the open carry bill that I HOPE will pass, looks like it's on the way, there's no real reason not to have the CHL and, besides, it gets you out of a background check, standing round the shop 15-30 minutes, when you buy a new firearm. Besides, it's a lot less work carrying a .357 magnum.

 

[Texas Moon]

Texas has schitzoid knife regs.
Basically ANYTHING can be deemed "illegal" by LEO and you have to fight the charges.
Same-same with a BP revolver. It may be declared a non-gun by the law but if cop says you "brandished" or threatened with it....click-click on the wrists.

 

[elhombreconnonombre]

The disorderly conduct charges for those open carry protest guys arrested for open carry of cb revolvers at the Texas capital in Sept. 2013 were indeed dropped in April 2014. Two of the fellas bonded out after the arrest while the vet in the wheelchair opted to not bond out and stayed in jail. I don't know if he stayed in the pokey all those months until the DA dropped the charges. I myself have gone through a wrongful arrest in another state on very different charges and it took a minimum of 6 months to go through the system/process. Basically, charges were dropped at the very first scheduled meeting between my attorney and the DA. It was obvious to the DA that the charges were bravo sierra including no reading of my rights and handcuffing me roughly behind my back such that I suffered a torn rotator cuff, and there were no grounds for the arrest, but it still cost me $20k to go through the process.