Ammunition, Magazines, and 30.06

Flatland2D · Post by **Flatland2D** » Sat Nov 11, 2006 3:12 am

Hello all, been a while since my last post but I'm still here reading and learning. My question is, does a 30.06 sign prevent the carry of ammunition and magazines as well? So far I haven't been able to find a definition of "handgun" so maybe this is an instance where the normal meaning applies. However, I wouldn't be surprised if somewhere the definition of a handgun included ammunition and magazines.

The reason I'm asking is out of convenience. Right now my only real concealed holster is a Smart Carry. I've also got an OWB leather holster that I can only wear in very limited situations and I'm trying to talk the wife into letting my buy a shoulder rig for the winter. Anyway, the Smart Carry, though a pretty nice holster, is near impossible to take on and off in the car. I also carry a spare magazine. What I'm wondering is if it's ok to remove just the handgun before going into a prohibited place, or if it all needs to come off. In addition to 30.06, I'm wondering how this applies to schools. I'm finishing up my degree, but unfortunately I spend most hours of my day at school and therefore don't carry at all (gun stays at home even though the car would be acceptable). I just prefer not to deal with the hassle of taking it off an on. Would it legally be ok to carry ammunition and a magazine in a place where concealed handguns are forbidden? Would any federal laws (weapons-free school zones) trump this? How would this apply to 51% places and the other 46.03 places?

Maybe I'm just being lazy. It would be nice though to only have to remove the actual gun to be legal. I realize keeping the holster on and pulling out the spare magazine would be perfectly ok, but it just feels weird wearing a holster that has its uncomfortable moments when it's completely empty.

txinvestigator · Post by **txinvestigator** » Sat Nov 11, 2006 6:55 am

30.06 does not preclude the carry of magazines or ammo.

Texas Penal Code 46.01
(5) "Handgun" means any firearm that is designed, made, or
adapted to be fired with one hand.

(3) "Firearm" means any device designed, made, or adapted to
expel a projectile through a barrel by using the energy generated by
an explosion or burning substance or any device readily convertible to
that use.

Venus Pax · Post by **Venus Pax** » Sat Nov 11, 2006 9:13 am

The magazine and its ammunition won't do much without the gun.

Liberty · Post by **Liberty** » Sat Nov 11, 2006 9:23 am

Venus Pax wrote:The magazine and its ammunition won't do much without the gun.

I don't think I can agree with this. I dropped a mag on my cat's head the other day,

she is still peeved at me.

MrDrummy · Post by **MrDrummy** » Sat Nov 11, 2006 10:35 am

On the rare occasion that I leave my pistol in the car, I ALWAYS take my mags and ammo along with me.

If someone were to break in and steal my pistol, I'd want to at least make it that much harder for them to use it on me when I returned, or someone else near, if that's what they were planning on doing.

Flatland2D · Post by **Flatland2D** » Sat Nov 11, 2006 1:27 pm

txinvestigator wrote:30.06 does not preclude the carry of magazines or ammo.

Texas Penal Code 46.01
(5) "Handgun" means any firearm that is designed, made, or
adapted to be fired with one hand.

(3) "Firearm" means any device designed, made, or adapted to
expel a projectile through a barrel by using the energy generated by
an explosion or burning substance or any device readily convertible to
that use.

Thanks Tx, that is what I was looking for.

So then carrying magazines and ammo in schools and 51% places would also be legal?

Venus Pax wrote:The magazine and its ammunition won't do much without the gun.

Very true, but I wouldn't do this unless I legally couldn't carry my gun.

AV8R · Post by **AV8R** » Tue Nov 14, 2006 1:53 pm

Venus Pax wrote:The magazine and its ammunition won't do much without the gun.

My son has a 34-round mag for his G17, which makes a nice club.

kauboy · Post by **kauboy** » Tue Nov 14, 2006 3:09 pm

Similarly, I asked a CHL instructor/police officer about extra mags being visible to the public and to his knowledge(which could be limited) he said that the law does not state that magazines must be concealed, just the handgun. Any comments???

Yeah, it does kinda blow your cover a little, and the "casual observer" may become less casual and more observant, but its a way for those who wish one day for open carry to take one (small) step in that direction.

EDIT: Woohoo, 100th post!!!

seamusTX · Post by **seamusTX** » Tue Nov 14, 2006 3:39 pm

There is no requirement to conceal magazines. In Texas, ammunition and gun parts are unregulated, except for felons and so forth (correct me if I'm wrong).

I also doubt 10% of the public would know what a magazine was.

- Jim

Renegade · Post by **Renegade** » Tue Nov 14, 2006 8:17 pm

30.06 sign means leave handgun in car, carry backpack with collapsible rifle instead. My personal choice is Kel-Tec Sub2000, folds to 16 inches, fits in backpack easily, and uses same Glock Magazines.

txinvestigator · Post by **txinvestigator** » Wed Nov 15, 2006 12:01 pm

Renegade wrote:30.06 sign means leave handgun in car, carry backpack with collapsible rifle instead. My personal choice is Kel-Tec Sub2000, folds to 16 inches, fits in backpack easily, and uses same Glock Magazines.

Thats funny.

Renegade · Post by **Renegade** » Wed Nov 15, 2006 12:32 pm

txinvestigator wrote:
Renegade wrote:30.06 sign means leave handgun in car, carry backpack with collapsible rifle instead. My personal choice is Kel-Tec Sub2000, folds to 16 inches, fits in backpack easily, and uses same Glock Magazines.
Thats funny.

Yes, it was meant as funny, I only know of 2 30.06 places, and both are corporate offices I never visit; I just see the sign as I drive by. But it does make its point as to the silliness of the 30.06 law.