question about a firearm's use as CW

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cpmann
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question about a firearm's use as CW

Post by cpmann »

I was wondering if anyone could tell me if firearms that are classified as "AOW" - any other weapon, such as http://www.serbu.com/top/superShorty.php" onclick="window.open(this.href);return false;
can be used as a CCW. I would think not, but was wondering....

thanks,

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seamusTX
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Re: question about a firearm's use as CW

Post by seamusTX »

Welcome to the forum.

You have to look at Texas Penal Code 46.01 and 46.05 for definitions of handgun and prohihbited weapons.

There's no case law in this area that I know of.

Personally I think you would be pushing it if you got crosswise with the law and had something other than a handgun you could buy in a store with no NFA paperwork. IANAL, etc.

That short shotgun is exactly the kind of thing a prosecutor would love to wave in front of a jury and scare the stuffing out of them - and you never want to get to that point.

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Re: question about a firearm's use as CW

Post by The Annoyed Man »

Welcome to the forum.

For whatever my opinion is worth, guns like that are great for collections, but have little value for CCW because of the potential for legal backscatter if you have to use it. And if I had to use a weapon like that, I think I would prefer a SBR for it's reduced recoil, accuracy, and range.

The decision to carry a loaded firearm is a serious business. You don't see LEOs, for instance, using guns like that. They carry pistols, and they have shotguns or AR carbines in their vehicles if it is time to go to long guns. You have the legal right to do exactly the same. So why not just toss a Mossberg or an AR in your trunk and then your bases are covered?

Perhaps something like an SBR packed into a bugout bag makes some kind of sense. But, trying to sneak massive firepower like that SBS under one's duster is really just posturing to satisfy one's own ego, and it strikes me as frivolous.....particularly when it is just a whole lot easier to pack a .45 and learn how to use it. Just my opinion. YMMV.
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Re: question about a firearm's use as CW

Post by karder »

Other than the "cool" factor, I don't see this as a good carry option. You only have 3 shots, recoil should be violent, and you will have to fire from the waist which can be problematic. I wouldn't discourage you buying it if you want it, but for carry, there are a lot of great options out there which will serve you better. A gun is just a tool at the end of the day, you want the right tool for the job IMHO.
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Re: question about a firearm's use as CW

Post by ELB »

Legally speaking, I am doubtful this would really fall under your CHL -- I think the CHL statutes pretty clearly deal with handguns. Is there a law against carrying a concealed rifle, shotgun, or AOW? Dunno, no time to research.

Practically speaking, I think it is not a great choice for general, walking-around self-defense. Harder to conceal than a handgun, and very limited firepower with only the three shots. It's one redeeming feature is that each shot is substantially more effective than any handgun round, but you give up a lot to get those three super-effective rounds. I understand tho - the main thing going for handguns is not their effectiveness or firepower, but the fact that they are easy to carry and operate. That's why cops and citizens carry them, which is why the SCOTUS found them to be the citizen's choice for self-defense.

It might be a good choice in a place where you have very limited maneuver room and needed to get a couple massive hits in quickly -- I am thinking in a vehicle, repelling a carjacker -- but not for everyday concealed carry. But for less money you could get a coach gun, and if you wanted to go to make it shorter, I think (not sure, not all that NFA knowledgable) maybe you could register it as an AOW and cut the stock down.
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Re: question about a firearm's use as CW

Post by blue »

To be considered:

Any carry gun will normally be taken from you by the police, if actually used...
SO.... the best 'carry' is a plain, good old workhorse, that is easy to replace.
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Re: question about a firearm's use as CW

Post by zero4o3 »

blue wrote:To be considered:

Any carry gun will normally be taken from you by the police, if actually used...
SO.... the best 'carry' is a plain, good old workhorse, that is easy to replace.
you will at some point get the gun back though correct?

ELB wrote: Is there a law against carrying a concealed rifle, shotgun, or AOW? Dunno, no time to research. .
This is what I was wondering also
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Re: question about a firearm's use as CW

Post by Keith B »

Carrying of any weapon other than a handgun with a CHL is a UCW charge.

NOTE TO ADD: While 46.02 speocifies handgun, but not long gun, I am sure you would be charged with UCW and the Judge would more than likely agree.
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Re: question about a firearm's use as CW

Post by zero4o3 »

Keith B wrote:Carrying of any weapon other than a handgun with a CHL is a UCW charge.

NOTE TO ADD: While 46.02 speocifies handgun, but not long gun, I am sure you would be charged with UCW and the Judge would more than likely agree.

its not illegal to carry a long gun though is it?
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Re: question about a firearm's use as CW

Post by Keith B »

zero4o3 wrote:
Keith B wrote:Carrying of any weapon other than a handgun with a CHL is a UCW charge.

NOTE TO ADD: While 46.02 speocifies handgun, but not long gun, I am sure you would be charged with UCW and the Judge would more than likely agree.

its not illegal to carry a long gun though is it?
No.
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Re: question about a firearm's use as CW

Post by stroo »

Why are you so sure of that? 46.02 is pretty explicit that it applies to handguns, illegal knives and clubs. A long gun is none of those.
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Re: question about a firearm's use as CW

Post by Ameer »

stroo wrote:Why are you so sure of that? 46.02 is pretty explicit that it applies to handguns, illegal knives and clubs. A long gun is none of those.
You're assuming the cops, DA, and judge follow the law.
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Re: question about a firearm's use as CW

Post by C-dub »

If you're looking for shotgun type performance where aim doesn't have to be that great, take a look at The Judge.

http://www.taurususa.com/video-theJudge.cfm" onclick="window.open(this.href);return false;
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Re: question about a firearm's use as CW

Post by Ameer »

Do they make a 12ga Judge yet?

The Taurus "Chief Justice" :biggrinjester:
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Re: question about a firearm's use as CW

Post by C-dub »

Ameer wrote:Do they make a 12ga Judge yet?

The Taurus "Chief Justice" :biggrinjester:
Okay, talk about recoil!
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