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by C-dub
Tue Jan 02, 2024 4:09 pm
Forum: General Texas CHL Discussion
Topic: Spare magazine owb at posted business
Replies: 38
Views: 194568

Re: Spare magazine owb at posted business

ScottDLS wrote: Tue Jan 02, 2024 12:04 pm
C-dub wrote: Mon Jan 01, 2024 11:22 pm
ScottDLS wrote: Sun Dec 31, 2023 11:47 am
Tex1961 wrote: Sat Nov 25, 2023 7:02 pm The state of Texas defines a firearm as any device made or adapted to expel a projectile through the use of a burning or explosive substance. A 30.07 restricts carrying a firearm by a license holder openly. A magazine holder is no a firearm so no, in my opinion carrying a magazine holder past a 30.07 does not violate penal code 30.07.
Technically not a firearm, but a handgun.
Sec. 46.01. DEFINITIONS. In this chapter:
...
(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.
Whoa! Are you saying that says a magazine is a handgun? :headscratch
No, Tex1961 stated that 30.07 prohibits carrying a firearm openly. It doesn't. I prohibits carrying a handgun openly. Not all firearms are handguns. And no magazines are handguns.
Cool. I knew I had to have misread that somehow.
by C-dub
Mon Jan 01, 2024 11:22 pm
Forum: General Texas CHL Discussion
Topic: Spare magazine owb at posted business
Replies: 38
Views: 194568

Re: Spare magazine owb at posted business

ScottDLS wrote: Sun Dec 31, 2023 11:47 am
Tex1961 wrote: Sat Nov 25, 2023 7:02 pm The state of Texas defines a firearm as any device made or adapted to expel a projectile through the use of a burning or explosive substance. A 30.07 restricts carrying a firearm by a license holder openly. A magazine holder is no a firearm so no, in my opinion carrying a magazine holder past a 30.07 does not violate penal code 30.07.
Technically not a firearm, but a handgun.
Sec. 46.01. DEFINITIONS. In this chapter:
...
(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.
Whoa! Are you saying that says a magazine is a handgun? :headscratch
by C-dub
Mon Dec 04, 2023 7:56 am
Forum: General Texas CHL Discussion
Topic: Spare magazine owb at posted business
Replies: 38
Views: 194568

Re: Spare magazine owb at posted business

RoyGBiv wrote: Mon Nov 27, 2023 10:01 am Both 30.06 and 30.07 refer to "Handgun".
A "magazine" is not a "handgun".

My opinion... not legal advice...
It is not a violation of 30.0x to carry a magazine into a posted place.
That said, if you are asked to leave for any reason, including because the person in charge doesn't like your "magazine" and you refuse to leave, then, you are "trespassing".

Again.. just my OPINION. Worth what you paid for it.
That is where I was going to go with this. I'm glad I read through and discovered you had already covered it for me. Although it doesn't seem to be illegal or spelled out in any statute, the fact that they asked someone to leave an item outside or to just leave due to an item means that if refused could mean a trespass notification if it got to that level. We've talked about things like this here before. If a business wants to prohibit red shirts they can, right? It seems kinda stupid and pointless, but there you go.

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