Texas: Carry of Longgun

[Dokkalfar]

So I've been wondering. I have relatives who own some land out in Llano, and come deer season the place (city itself) is covered with hunters, many of whom carry their rifles on their backs. What is the legality of open (cant really do concealed) carry of a rifle or shotgun?

(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.

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm (this is what rifle/shotguns are defined as), illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(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;

(2) on the premises of a polling place on the day of an election or while early voting is in progress;

(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;

(4) on the premises of a racetrack;

(5) in or into a secured area of an airport; or

(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:

(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or

(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.

Then there also follows several clauses regarding concealed/open carry of a handgun, but nothing that relates to longguns. Which I would take to mean that, aside from the above locations, it is fully legally permissible to carry a longgun just about anywhere?

 

[daniel1113]

It's been a while since I read through the Texas statutes in full, but I am pretty sure there are no regulations against the carrying of long guns in the open, even loaded.

They just need to be careful not to cross the line from carrying to brandishing, obviously.

 

[Dokkalfar]

well yes, of course. though looking through the code, i dont really see anything regarding brandishing anything. those laws are, im sure, hidden off somewhere else in the laws.

but CCW has a few extra restrictions on where you can go, added on to the above list, in its own subsection. but nothing is listed at all for longguns specifically. though open carry of a handgun is prohibited, but not mentioned for longguns, again. We need to just copy Vermont's law and go from there

 

[TexasRifleman]

Which I would take to mean that, aside from the above locations, it is fully legally permissible to carry a longgun just about anywhere?

That is true, there are pretty much no long gun laws other than the few quoted.

There ARE, however, laws regarding "disturbing the peace" and "disorderly conduct" so it gets fuzzy there.

Technically, from a gun standpoint, you could carry an AR to the mall.

You'd likely be charged with disorderly conduct or something similar, but yet not break any gun laws.

That's the "gotcha".

those laws are, im sure, hidden off somewhere else in the laws.

Not in Texas. There are no "hidden" gun laws, but it's that disturbing the peace thing that is the problem.

And, the definition of that is so fuzzy it could cover a great many things.

There are also a great many municipal codes that may cover disturbances of the peace, again even if no gun laws are broken.

Chapter 42 of the Texas Penal Code calls out the definition of Disorderly Conduct. Among the list is:

(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

Who decides if it causes alarm? Well unfortunately a lot of the time it's the freaked out person calling 9-1-1 that defines it.

 

[razorback2003]

No law against

Long guns are generally not treated as weapons in Texas (just as in Arkansas). You can carry your long gun in either state, with or without a license, concealed or not, in your car, loaded or unloaded.

 

[TexasRifleman]

Long guns are generally not treated as weapons in Texas

Nope. Texas law clearly defines firearms as:

"Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

That be rifles too.

And the Disorderly Conduct laws reference "firearms" not handguns.

I'd love to see the Arkansas definitions that somehow don't include rifles. Do they just classify handguns as firearms and nothing else? Don't know a thing about Arkansas law and I can't find much online.

 

[daniel1113]

FYI: He said "weapons" not "firearms".

 

[TexasRifleman]

FYI: He said "weapons" not "firearms".

He's still wrong. Firearms are considered weapons in Texas.

You can play the word game all day if you would like to, it's still wrong.

The description of fireams comes from :

CHAPTER 46. WEAPONS

Rifles ARE firearms and firearms ARE weapons in Texas. There's no way to get around that.

The majority of the rest of Chapter 46 talks about "handguns" but there are many restrictions on the carrying of "firearms" as well.

Just because they don't use the term "rifle" or "long gun" specifically doesn't mean they are not covered to some extent.

For example, 46.03:

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(

Then goes on to list places like schools, voting areas, government offices, courthouses, airports, racetracks etc.

Doesn't mention rifles by name, but they are most certainly covered as "firearms" and "weapons".

The idea that long guns have little or no restriction in Texas is mostly true, but don't fall into the trap of believing they are not covered at all and we all have free reign to do whatever we want with them. I know of several instances where people have had troubles based on that belief.

That "Disorderly Conduct" thing always sits out there ready to bite you, and it's very tough to define exactly.

(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

Who gets to decide what that means? I'm afraid it might end up being a jury.

 

[daniel1113]

I never said otherwise. I just wanted to make sure everyone was on the same page, considering you never made that statement in your post.

 

[TexasRifleman]

I never said otherwise.

Oh I know, I was just trying to clear it up. I dind't mean "you" as in daniel1113, just "you" as in all of us.

To make the statement that "rifles are not weapons" is reckless, not sure how someone would get that idea.

 

[daniel1113]

Indeed.

It's the same in almost every state, especially those that allow open carry of handguns. "Disorderly conduct" and other similar charges are usually invoked, accomplishing the same ends.

 

[Art Eatman]

Hey, look: In Texas, if you want to carry your rifle or shotgun in a back-window rack in your pickemup, you're free to do so. Loaded or unloaded, no matter.

If you do the normal thing of heading to the lease with the long gun in a protective case, it doesn't matter where in the vehicle you carry it.

Problems come from foolish behavior. I don't recall ever reading any news item about anybody ever being bothered about rifles, coming from or going to the deer lease. Or the mere carrying of shotguns in the vehicle for bird hunting. Why? 'Cause folks don't go to waving their guns around; it's plumb stoopid. Severe stoopid.

If you--generic "you"--don't have a case of the terminal stoopids, you're good to go. Don't make a career of picking fly poop out of pepper.

 

[Dokkalfar]

Ok, i just wasnt sure of anything else that might affect it that wasnt enumerated in Ch.46.

And as per my OP, i noted that "firearms" is what a rifle or shotgun is defined as. Which TexasRifleman specifically quoted out above.

Chapter 42 of the Texas Penal Code calls out the definition of Disorderly Conduct. Among the list is:

:
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

yes, but does Ch.42 specifically define 'firearms' in the same way as Ch.46? Most o the time, when a word is defined, it only applies to the chapter or subsection specifically, and not to Penal Code in general. As to "calculated to alarm," that would be intent on the owner's part, not just some liberal wetting their pants. if i have a rifle slung across my back, i dont see how that could be considered brandishing it or trying to cause alarm. Maybe if i walked into the bank, cradling it in my arms. I can just imagine walking up to the counter with a 50+inch Barrett .50 and asking to cash one of my paychecks, then just calmly walking out

 

[razorback2003]

Referred to Carrying Weapon Law

I was referring to the misdemeanor violation of carrying a weapon law that exists in both Arkansas and Texas. Long guns are not considered weapons, generally, under carrying a weapon. Carrying a weapon in both states involves a handgun and other things like blackjacks, slappers, brass knucks and the like. Sorry for not being more clear. Long guns are also considered 'firearms' under AR state law, but not under the 'carrying a weapon' misdemeanor offense law that people get fined for say carrying a handgun without a license or hunting or journey/traveling.

 

[Hawk]

Everything I need to know about Texas law I get either from residents of Terlingua or the Lawdog Files.
http://thelawdogfiles.blogspot.com/2006/03/migrating-liberals.html

Texas does not have a law entitled "brandishing". And even if we did, carrying your rifle from your pickup to your house would not violate such a dumb-bunny law.

Texas does not have any laws concerning the carry of shotguns and/or rifles. Yes, he can carry his rifle over his shoulder as he walks down the farm-to-market road. Deal with it.

Texas does not have any laws concerning ammunition. It is not against the law to have loose ammo in your vehicle. Or your pockets. Or in the change plate at church.

And

http://thelawdogfiles.blogspot.com/2007/04/when-you-speak-baby-jesus-cries.html

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