Open carry of long guns

[AJSully421]

ok, we all know about concealed handguns, and that open carry is out. I've been told that there is nothing illegal about having a legal rifle or shotgun on your person, so long as you are not walking around pointing at everything like a swat officer or something.

Is there any law against open carrying a long gun, on a sling, around town. I know that any place licensed to sell alcohol you cannot have any unlicensed weapon. so places like convenience stores or grocery stores that sell hooch are out... or is the RKBA our "license"?

BTW: I am not asking if this is a good idea or not, as any one would know that walking through the mall parking lot with a long gun slung over your shoulder is a bad idea that will likely get the national guard called in, and they'd find a way to shoot your dog.

[Mike1951]

I can't for the life of me imagine why you would want to draw such attention to yourself!

Carrying 'around town' as you say will definitely get a police response to check you out.

It will probably be suggested to you that this is not a wise thing to do.

The more urban the area, the more out of place you will be.

However, you may recall a Black Panther demonstration in Huntsville some years back where the participants carried rifles.

They were not in violation of anything but common sense.

Years ago, some friends and I had been hunting and walked into town to get something to eat.

We stood the unloaded shotguns up in the corner at the burger joint while we ate. Nothing said.

[bdickens]

At the risk of sounding like a broken record...

There's legal, and then there's prudent. Often there's a wide gap between the two.

[anygunanywhere]

BTW: I am not asking if this is a good idea or not, as any one would know that walking through the mall parking lot with a long gun slung over your shoulder will likely get the national guard called in, and they'd find a way to shoot your dog.

AJ,

There really should be no reason why this should be an issue.

Yes, it is my understanding that in Texas you would be perfectly legal walking down Main St. with an AR slung around your person.

I would be jealous.

You can carry a loaded rifle and/or shootgun in your truck, and lots of us do, every day.

I just thought of something funny!

Why are we worried about this when Quannel X's posse has done this! He did not get arrested! Must be a downtown Houston thing.

I guess, AJ, if you are of the right political persuasion and have media coverage you can open carry long arms in Texas.

If my facts are wrong about Mr. Tenth, please correct me.

Anygunanywhere

[Mike1951]

Here's some reading about previous armed demonstrations.

http://www.chron.com/CDA/archives/archi ... 00_3223259

http://www.chron.com/disp/story.mpl/spe ... 27342.html

http://www.chron.com/disp/story.mpl/spe ... 27367.html

[The Annoyed Man]

Not being a native Texan, the first question that occurs to me is, can the long gun legally be loaded while you're carrying it around?

+1 on bdickens' differentiation between legal and prudent.

[WildBill]

Not being a native Texan, the first question that occurs to me is, can the long gun legally be loaded while you're carrying it around?

Careful, you're thinking like a Californian again. What good is carrying a gun around if it isn't loaded.

[The Annoyed Man]

Not being a native Texan, the first question that occurs to me is, can the long gun legally be loaded while you're carrying it around?

Careful, you're thinking like a Californian again. What good is carrying a gun around if it isn't loaded.

I'm tellin' ya. It's like grass stains on white clothes. Hard as heck to get them out!

[AJSully421]

Not being a native Texan, the first question that occurs to me is, can the long gun legally be loaded while you're carrying it around?

+1 on bdickens' differentiation between legal and prudent.

In Texas, the law makes no distinction between a loaded firearm and an unloaded one... so a felon carrying an unloaded pistol is just as illegal as if it were loaded.

Again, i'm not asking so that i will go out and do it, it would draw way too much attention, and probably scare the sheep. I'm simply asking so that if a problem arises or if my truck gets totaled and i have to carry around my AR that i keep in my truck or something.

[Charles L. Cotton]

Not being a native Texan, the first question that occurs to me is, can the long gun legally be loaded while you're carrying it around?

+1 on bdickens' differentiation between legal and prudent.

In Texas, the law makes no distinction between a loaded firearm and an unloaded one... so a felon carrying an unloaded pistol is just as illegal as if it were loaded.

Again, i'm not asking so that i will go out and do it, it would draw way too much attention, and probably scare the sheep. I'm simply asking so that if a problem arises or if my truck gets totaled and i have to carry around my AR that i keep in my truck or something.

Yes it is legal, subject to any areas that are off-limits to firearms.

Chas.

[AJSully421]

while we're on the topic... section 411.207 of the govt. code allows officers "to disarm license holders of their handguns..." i suppose that this provision would not allow an officer to disarm a citizcen of their long arm??? am i off base? is there another provision that would allow an officer to disarm a long arm other than arresting?

[Liko81]

while we're on the topic... section 411.207 of the govt. code allows officers "to disarm license holders of their handguns..." i suppose that this provision would not allow an officer to disarm a citizcen of their long arm??? am i off base? is there another provision that would allow an officer to disarm a long arm other than arresting?

That's because Section 411 deals with concealed weapons. A handgun is the only class of firearm you can get a permit to conceal, so it's the only type of arm that is relevant under that statute. You bet your behind (10 year old rule ) that if an LEO fears for his safety he will ask to hold on to your rifle or shotgun. That's just standard police powers, and the point of 411.207 is to clarify that, CHL or not, the officer can disarm you if he feels it necessary.

[AJSully421]

while we're on the topic... section 411.207 of the govt. code allows officers "to disarm license holders of their handguns..." i suppose that this provision would not allow an officer to disarm a citizcen of their long arm??? am i off base? is there another provision that would allow an officer to disarm a long arm other than arresting?

That's just standard police powers, and the point of 411.207 is to clarify that, CHL or not, the officer can disarm you if he feels it necessary.

Any guesses where is it stated that police can disarm you of any weapon if "they feel threatened"? The only two instances i find are in a state of disaster, 418.184, but you have to be given it back when the cop is done detaining you, unless you are arrested, 433.0045. The police only have the power enumerated them by the constitution, or the state, they cannot make their own rules about guns, the Texas preemption law prevents that... thus there is no law that says that a police officer may disarm you of you long arm other than a state of disaster... now, on to what you can do to the officer, police department, or agency who disarms you?

[The Annoyed Man]

The thing for me personally is, I live in suburbia, in a pretty nice area with very low crime, and I haven't traveled into a risky area in probably 6 months or more. I carry a pistol equally because I enjoy exercising my right to do so, and because it seems like a good compromise regarding self defense in the event that I actually need a firearm. I have a blessed life, and it would be hard for me to realistically imagine scenarios in my daily existence where I would actually need a long gun away from home (other than hunting). Add to that the additional hassle of safely storing one in my SUV, the mounting hardware to secure it, the likelihood of needing my vehicle for entertaining clients, etc., keeping a long gun in my car just isn't worth it to me.

If my personal situation were different than that, I would probably give the idea of keeping a long gun in my vehicle a long hard look. I own several rifles, but they all have long, heavy barrels and aren't terribly handy for that purpose. OTH, that might be the perfect excuse to go out and buy a short barreled AR!

[anygunanywhere]

Here ya go, Annoyed Man:

http://www.bigskyracks.com/

http://www.outofsightgunracks.com/bsr_series.htm

Anygunanywhere