rotor wrote:von Clausewitz wrote:rotor wrote:Jusme wrote:rotor wrote:After reading this long thread clarify for me whether this firearm will be legal (9/1) to carry in a guncase of some kind or will the only legal way to transport it would be with it out in the open? I can see the little old lady man with a gun calls now. I carry my shotguns in a case whenever I travel. This firearm may be illegal to carry in a case. More problems.
From my understanding, and I'm far from a layer, or legal scholar, this type of firearm, was specifically, designated to be legal to carry, due to its designation from the ATFE. I don't know that it was specifically, considered "illegal", but there was a question, prior to the bill during the last session. JMHO
Mossberg site says if concealed it is an A.O.W.
https://www.mossberg.com/wp-content/upl ... ACTION.pdf
So how does one transport this without scaring the population at large? Even putting it in a back pack would appear to make it an A.O.W. as far as ATF is concerned. We are going to need some method to carry this. I am sticking to my new Mossberg Maverick 88 but I am curious about all firearms.
If one does not have a Texas LTC and wants to take a weapon to the range, is it concealed carry to put the gun in a case and walk down the street enroute to the range?
I am specifically referring to Federal law about carrying it concealed. You are quoting Texas law. Just because it is shipped to a store in a box does not mean Mr. Citizen can carry this around in a box or a violin case without it being considered an A.O.W. by the feds even on the way to the range. Federal laws are far from logical and probably easy to break and hard to catch. Look at all the people going to the post office every day. Probably a lot of them with guns in their glovebox. I personally do not plan on buying one of these but I was curious about how one could carry it and even if it was ATF legal to carry in a guncase. I am of the belief that it is not. LTC laws are not applicable in this case.
I would submit the following.......
1. Is there actually ANY federal law against concealed carry of a firearm of any type? So far as I know, the answer would be no. My reasoning is thus: States decide who can and cannot carry a concealed firearm. Not all states that issue concealed carry licenses issue them specifically for handguns - like ours is. Other states have "CW" permit - meaning a permit to carry a concealed weapon, which is a much broader category of implements than just handguns.
2. Federal law pre-empts state law. Period:
- If the federal gov't had a law against concealed carry of handguns, it would pre-empt state law for concealed carry of handguns, and invalidate ALL concealed handgun licenses nationwide.
- If the federal gov't had a law against concealed carry of long guns, it would pre-empt state law for concealed carry of long guns, invalidating all such state laws nationwide.
- If the federal gov't had a law against the concealed carry of SBRs, SBSs, or AOWs, it would pre-empt state law for concealed carry of those types of weapons, invalidating all such state laws nationwide.
ERGO: If the federal gov't had any of the above laws on the books, Texas could not grant you permission to:
- Carry your cased handgun to the range without a LTC;
- Carry your cased long gun to the range with or without an LTC (which does not apply to long guns);
- Carry your cased SBR, SBS, or AOW to the range with or without an LTC (which does not apply to those categories of weapons).
CONCLUSION: It is completely legal for you to carry your cased Shockwave to the range. The AFT regulates possession and/or taxation of different kinds of guns, but to the best of my knowledge, it does not regulate their concealment one way or the other. The original state purpose for registering and regulating SBR/SBS/AOW did have to do with their concealability, but in their infinite wisdom, the Feds decided to regulate their possession rather than their manner of carry. So if you're legal in the eyes of the fedgov't to possess the weapon, then whether or not you may carry it by whatever means is left entirely up to the state to decide.
In Texas, you can carry your Shockwave any old way you want. Just be advised that local LEOs might not be up to speed on all this, and mere causation would dictate having it in a bag or case of some kind so that it is not readily viewed unless you deploy it.