Illegal to carry long-arms in vehicle?

[McKnife]

Just got back from Academy today and the young guy at the gun bar told me something that had me very surprised and I'm 99% sure he is incorrect.

[ He insisted that carrying a long-arm (shotgun or rifle) in your vehicle is ONLY LEGAL if it is in the open, like on top of the passenger seat or window rack. Carrying a long-arm in your vehicle concealed is illegal (under seat, in tool box). ]

This kid has to be wrong but I couldn't cite the exact law or code (I think its chapter 46?)...can someone please help me kind the exact laws and text in the Penal Code?

Many thanks.

[seamusTX]

You're right. He's wrong.

There is no place in the penal code that makes carrying a long gun illegal, except in the places weapons prohibited. The penal code makes acts illegal. It it's not defined as illegal, it's legal.

I do this all the time (carry shotguns on the back seat of the car, in cases.) I did it today.

- Jim

[McKnife]

I know I was.... now I have to follow up on it.

I told him if he's right, I'd buy him a box of ammo and vice-versa.

Looks like I'll be getting a free box of .45 ACP tomorrow.

I appreciate the clarification.

[Hoppes]

Just got back from Academy today and the young guy at the gun bar told me something that had me very surprised and I'm 99% sure he is incorrect.

[ He insisted that carrying a long-arm (shotgun or rifle) in your vehicle is ONLY LEGAL if it is in the open, like on top of the passenger seat or window rack. Carrying a long-arm in your vehicle concealed is illegal (under seat, in tool box). ]

This kid has to be wrong but I couldn't cite the exact law or code (I think its chapter 46?)...can someone please help me kind the exact laws and text in the Penal Code?

Many thanks.

Generally: Texas law contains no prohibition on the transport of loaded rifles and shotguns in vehicles. Such firearms may be carried in plain view anywhere in the vehicle or secured in a commercial gun case or gun rack.

There may be cities or towns that have ordinances against carrying of loaded guns in the city limits. I think San Antonio, Texas is one of those with ordinances banning loaded long guns in the city limits. Below is the city code regarding carrying loaded firearms and knives in San Antonio from http://www.municode.com/resources/gatew ... 508&sid=43

--------------------

Sec. 21-16. Carrying loaded rifle or shotgun.
It shall be unlawful for any person, other than duly authorized peace officers, to carry a loaded rifle or shotgun on any public street within the city or in a motor vehicle while the same is being operated on any public street within the city.
(Code 1959, § 26-28)
Cross references: Regulation of firearms and weapons, § 21-151 et seq.

Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.
(a) It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5 1/2) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.
(b) The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:
(1) In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;
(2) On his own premises or premises under his control;
(3) Traveling;
(4) Engaged in lawful hunting, fishing or other lawful sporting activity; or
(5) Using such a knife in connection with a lawful occupation, during such utilization.
(Code 1959, § 26-28.1)
Cross references: Regulation of firearms and weapons, § 21-151 et seq.; possession of a knife, § 21-155.

This list is not inclusive of all states, cities, towns and federal laws. Maybe the legal scholars will be along shortly to provide more depth or reference to past threads on this subject.

Hoppes

[seamusTX]

There may be cities or towns that have ordinances against carrying of loaded guns in the city limits.

These laws are invalidated by LGC §229.001. If prosecuted, they will be dismissed by a judge that has his head screwed on.

BTW, some other states have very different laws. In some states, it is illegal to have a loaded firearm in a vehicle, or to have a firearm in the passenger compartment in any condition. Some states also have requirements for open carry in vehicles.

- Jim

[txinvestigator]

macKnife,

Texas weapons laws are in chapter 46 of the Penal code; http://tlo2.tlc.state.tx.us/statutes/do ... m#46.01.00

Here are the laws restricting rifle carry in Texas;

§ 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(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.
(b) It is a defense to prosecution under Subsections
(a)(1)-(4) that the actor possessed a firearm while in the actual
discharge of his official duties as a member of the armed forces or
national guard or a guard employed by a penal institution, or an
officer of the court.



§ 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person
who has been convicted of a felony commits an offense if he
possesses a firearm.....


§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:

(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
......

Also be aware of this;

§ 42.01. DISORDERLY CONDUCT. (a) A person commits an
offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a
public place in a manner calculated to alarm;

Be safe.

[kauboy]

Enjoy that new ammo

[Hoppes]

There may be cities or towns that have ordinances against carrying of loaded guns in the city limits.

These laws are invalidated by LGC §229.001. If prosecuted, they will be dismissed by a judge that has his head screwed on.

BTW, some other states have very different laws. In some states, it is illegal to have a loaded firearm in a vehicle, or to have a firearm in the passenger compartment in any condition. Some states also have requirements for open carry in vehicles.

- Jim

Jim,

These laws may be invalidated by LGC §229.001, but that does not mean they will not try and that it will not cost you time and money to get this thing solved, right?

I just read an article last night on the NY Times about a guy in Houston, who bought a new pistol just hours before and on his way home, he was stopped by a Houston LEO. They found the gun in the back seat. He lost his gun, $300. He paid his lawyer $1500 dollars and then there was the impound fee of $267 for his vehicle. All this for a legal handgun he just purchased. The judge dismissed the case. The story says that he didn't get his $300 handgun back. I can think of a lot better things I would have wanted to spend that $2100 dollars on.

Chuck Rosenthal says, "The presumption of innocence does not make the person innocent.�

You can read that story at:

http://www.nytimes.com/2007/04/05/us/po ... wanted=all

My point is that people need to be aware of things that can go wrong, even though something might appear to be legal. As long as there are DAs like Rosenthal, you need to watch your back.

Hoppes

[seamusTX]

These laws may be invalidated by LGC §229.001, but that does not mean they will not try and that it will not cost you time and money to get this thing solved, right?

That is correct, unfortunately.

The story that you read about the guy who was arrested for having an unloaded revolver in his vehicle was discussed here when it happened.

In the early years of CHL, a number of CHL holders were arrested for no good reason.

- Jim

[Popshot]

The young man at the store needs to quit shootin' off his mouth and get an education.

I hope he has the integrity to own up to the bet and buys you the box of ammo.

[KBCraig]

The problem with "proving" that it is legal to carry long guns in the car, is that there is no law saying so. There's just no law making it illegal, thus it's legal.

Since the Academy clerk claims there is some law, the burden is on him to prove it by providing a cite. He won't be able to.

[Hoppes]

The problem with "proving" that it is legal to carry long guns in the car, is that there is no law saying so. There's just no law making it illegal, thus it's legal.

Since the Academy clerk claims there is some law, the burden is on him to prove it by providing a cite. He won't be able to.

I've heard other younger guys make bogus claims at Academy about ammo. But I know they aren't credible sources of information on law to begin with.

Hoppes

[Isimanica]

There may be cities or towns that have ordinances against carrying of loaded guns in the city limits.

These laws are invalidated by LGC §229.001. If prosecuted, they will be dismissed by a judge that has his head screwed on.

BTW, some other states have very different laws. In some states, it is illegal to have a loaded firearm in a vehicle, or to have a firearm in the passenger compartment in any condition. Some states also have requirements for open carry in vehicles.

- Jim

Jim,

These laws may be invalidated by LGC §229.001, but that does not mean they will not try and that it will not cost you time and money to get this thing solved, right?

I just read an article last night on the NY Times about a guy in Houston, who bought a new pistol just hours before and on his way home, he was stopped by a Houston LEO. They found the gun in the back seat. He lost his gun, $300. He paid his lawyer $1500 dollars and then there was the impound fee of $267 for his vehicle. All this for a legal handgun he just purchased. The judge dismissed the case. The story says that he didn't get his $300 handgun back. I can think of a lot better things I would have wanted to spend that $2100 dollars on.

Chuck Rosenthal says, "The presumption of innocence does not make the person innocent.�

You can read that story at:

http://www.nytimes.com/2007/04/05/us/po ... wanted=all

My point is that people need to be aware of things that can go wrong, even though something might appear to be legal. As long as there are DAs like Rosenthal, you need to watch your back.

Hoppes

Same thing happened to my friend in League city Texas. exact same story almost to the letter only PD were different.

[mr surveyor]

There may be cities or towns that have ordinances against carrying of loaded guns in the city limits. I think San Antonio, Texas is one of those with ordinances banning loaded long guns in the city limits. Below is the city code regarding carrying loaded firearms and knives in San Antonio from http://www.municode.com/resources/gatew ... 508&sid=43

--------------------

Sec. 21-16. Carrying loaded rifle or shotgun.
It shall be unlawful for any person, other than duly authorized peace officers, to carry a loaded rifle or shotgun on any public street within the city or in a motor vehicle while the same is being operated on any public street within the city.
(Code 1959, § 26-28)
Cross references: Regulation of firearms and weapons, § 21-151 et seq.

Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.
(a) It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5 1/2) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.

Hoppes

did I read this right??? Unlawful to carry a lock blade knife with a blade less than 5-1/2 inches???? Does this mean that even the 2 dollar 1-1/2 inch lock blade knives...or all lock blade knives are illegal in SA??

[txinvestigator]

There may be cities or towns that have ordinances against carrying of loaded guns in the city limits. I think San Antonio, Texas is one of those with ordinances banning loaded long guns in the city limits. Below is the city code regarding carrying loaded firearms and knives in San Antonio from http://www.municode.com/resources/gatew ... 508&sid=43

--------------------

Sec. 21-16. Carrying loaded rifle or shotgun.
It shall be unlawful for any person, other than duly authorized peace officers, to carry a loaded rifle or shotgun on any public street within the city or in a motor vehicle while the same is being operated on any public street within the city.
(Code 1959, § 26-28)
Cross references: Regulation of firearms and weapons, § 21-151 et seq.

Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.
(a) It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5 1/2) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.

Hoppes

did I read this right??? Unlawful to carry a lock blade knife with a blade less than 5-1/2 inches???? Does this mean that even the 2 dollar 1-1/2 inch lock blade knives...or all lock blade knives are illegal in SA??

That effectively prohibits you from carrying ANY lock blade in SA. City law makes those up to 5 1/2 inches illegal, and state law makes those over 5 1/2 inches illegal. The loophole is that a blade that IS 5 1/2 inches is not illegal under either law.