laws about shotguns and rifles - slightly off topic

[mindfunk]

What are the laws about shotguns and rifles. I know there is the stereotype of someone who has the shotgun or rifle in the rack on the back window of the pickup.

But, what is the actual law here. Can this be done anywhere? Does it also apply to rifles? What are the restrictions about having rifles and shotguns in your car? On your person? Out in the open vs. in the trunk?

I feel I have a good idea about handguns, but I might be late to the party as far as shotguns and rifles go.

[Greybeard]

Quote: "stereotype of someone who has the shotgun or rifle in the rack on the back window of the pickup. "

Heck, that's still "the norm" in some rural parts of the state. And legal most places. Unfortunately, in many areas, it's also a real good way to get guns gets stolen ...

[seamusTX]

The short answer is that it's generally legal to carry a rifle or shotgun, loaded or unloaded, in Texas. There are places you can't carry any weapon. They're in the Texas penal code.

Then you get into federal law, which covers federally owned* property and schools.

This linkwill show you the earlier discussions.

*P.S.: "Federally owned property" -- we own it, but somehow we quit making the rules.

- Jim

[texas297]

What are the laws about shotguns and rifles. I know there is the stereotype of someone who has the shotgun or rifle in the rack on the back window of the pickup.

But, what is the actual law here. Can this be done anywhere? Does it also apply to rifles? What are the restrictions about having rifles and shotguns in your car? On your person? Out in the open vs. in the trunk?

I feel I have a good idea about handguns, but I might be late to the party as far as shotguns and rifles go.

Every once is a while on some hot button racial issue one can generally see the "New Black Panthers" march into town carrying loaded shotguns and or rifles. The most recent time I remember seeing it was when some militant black inmate was sent to meet his maker. They marched on downtown Huntsville.

[kauboy]

There just isn't alot in Texas law that addresses long guns. And most laws that address weapons in general don't include long guns. You can carry a shotgun, rifle, fully automatic machine gun(properly licensed of course) anywhere that is considered public in this great state. I wouldn't recommend taking it into a business, but if they don't have a "No guns/weapons" sign, then all they can really do is ask you to leave.
Oh sure, you will get plenty of stares and lots of sheeple will call the cops on you, but they can't do much unless you are doing anything that could be considered dangerous to the general public.

The bottom line is, if you feel comfortable with it, you should always have one in your vehicle, but not visible to the casual observer, since they are being stolen by punks.

[seamusTX]

You can carry a shotgun, rifle, ... anywhere that is considered public in this great state.

I'm sorry, but this just isn't true. There's a long list of places where you can't carry weapons, such as schools, locations where school-sponsored events are taking place, courts, jails, etc. (PC §46.03).

Then there's federal property, including national parks.

As for "sheeple" reactions, a few years ago someone called the police and reported a man with a rifle near the Santa Fe high school. The SWAT team came out. It was a utility worker with a shovel. I wouldn't care to be on the receiving end of that.

- Jim

[txinvestigator]

What are the laws about shotguns and rifles. I know there is the stereotype of someone who has the shotgun or rifle in the rack on the back window of the pickup.

But, what is the actual law here. Can this be done anywhere? Does it also apply to rifles? What are the restrictions about having rifles and shotguns in your car? On your person? Out in the open vs. in the trunk?

I feel I have a good idea about handguns, but I might be late to the party as far as shotguns and rifles go.

Texas law does not restrict rifles or shotguns specifically. As pointed out, there are places where firearms are prohibited. Texas makes no distinction between loaded or unloaded either.

If a rifle has a barrel length of less than 16 inches and and/or an overall length of less than 26 inches, then it must be federally registered under the NFA. Shotguns that have barrels les than 18 inch barrels and/or overall length of less than 26 inches must also be registered under the NFA.

Firearms cannot be carried on the premises of;



(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.

Premise, for purpose of the above, does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Oh sure, you will get plenty of stares and lots of sheeple will call the cops on you, but they can't do much unless you are doing anything that could be considered dangerous to the general public.

au contraire.

Texas Penal Code
§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;

[kauboy]

Forgive me, I knew that but for some reason didn't reference it. I was in the narrow-minded early morning mode and was only thinking about streets and parks and places like that.

[kauboy]

au contraire.

Texas Penal Code
§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;

I stand by what I posted. I am familiar with this part of the law, but if you are doing anything that is "calculated to alarm" then it is most likely dangerous. (i.e. don't point your gun at people or things, don't throw your gun, etc...). And, if you are doing anything dangerous, then it will cause alarm.

[txinvestigator]

au contraire.

Texas Penal Code
§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;

I stand by what I posted. I am familiar with this part of the law, but if you are doing anything that is "calculated to alarm" then it is most likely dangerous. (i.e. don't point your gun at people or things, don't throw your gun, etc...). And, if you are doing anything dangerous, then it will cause alarm.

Whatever. You DO NOT HAVE TO BE DOING ANYTHING DANGEROUS to be prosecuted under this section. "Most likely" is not a legal principle.

Sling your AR and walk down main street in a hunched over manner, looking quickly and nervously from side to side, and move quickly from trash can to light pole, etc. There is NOTHING dangerous about that behavior, but it IS going to alarm.



Pointing a firearm at someone rises to a higher level than this section, and is Deadly Conduct;

Texas Penal Code

§22.05. Deadly conduct.

(a) A person commits an offense if he recklessly engages in
conduct that places another in imminent danger of serious bodily
injury.

(b) A person commits an offense if he knowingly discharges a
firearm at or in the direction of:

(1) one or more individuals; or

(2) a habitation, building, or vehicle and is reckless as to
whether the habitation, building, or vehicle is occupied.

(c) Recklessness and danger are presumed if the actor
knowingly pointed a firearm at or in the direction of another whether
or not the actor believed the firearm to be loaded.

[cyphur]

Whether you think the law provides for protection of carrying long guns in town, this day and age I doubt you would make it much more than 2 blocks before someone freaks out or calls the cops. This being in Dallas, mind you. Fort Worth may be a little more understanding, but not much.

Out in the countryside is a whole other story.

[kauboy]

Whatever. You DO NOT HAVE TO BE DOING ANYTHING DANGEROUS to be prosecuted under this section. "Most likely" is not a legal principle.

Sling your AR and walk down main street in a hunched over manner, looking quickly and nervously from side to side, and move quickly from trash can to light pole, etc. There is NOTHING dangerous about that behavior, but it IS going to alarm.

Well, you being a ruff-n-tuff ex-LEO might not but, I and many others, would think there is something VERY dangerous about this type of behavior. And that would cause alarm.

[casselthief]

Out in the countryside is a whole other story.

if yer talkin' bout tha country, shouldn't it be "hole nuther story?"

[hi-power]

I went to one of the gun shows in Dallas a few years ago at the convention center downtown. I was going to try and sell an old L.C. Smith shotgun owned by my brother-in-law to help pay some of his medical bills. There was no gun case for it and I really didn't think much about having to cover it up. I just expected to park in the parking garage close by and walk it up to the front door.

The parking garage must have been full or there was some other problem because I couldn't get in there so I had to park at least 1/4 mile away on the street.

I tried to act as casually as possible walking in downtown Dallas with a large firearm, but it was a weird feeling. I ended up breaking the gun open and resting it with the stock over my shoulder and the barrels held in my right hand, like I was strolling around a skeet range.

I knew the law about not acting in a manner to cause alarm, but alarming to some people, (we all know the type), may be simply the act of walking in a downtown street with a large firearm. I walked briskly avoiding eye contact because I had the feeling that someone would probably call the police and I didn't want to get into a debate over the legality of the issue.

I ended up not selling it and thought about buying a cheap cloth case to carry it back to the truck, but my penny-pinching won out over potentially being hasseled about carrying the thing.

[Glockamolie]

On a slow news night a few years ago, a guy was going to the gun show at Reliant (or the Astrohall), and he rode a motorcycle with a rifle slung over his shoulder. HPD stopped him, questioned him, and let him on his way, as it should be. His destination didn't have anything to do with it, as it doesn't matter. They figured that the aforementioned DOC (disorderly conduct) statute didn't apply, as it wasn't calculated to alarm. But they sure could have made the arrest and let the court sort it out, which is costly even if it turns out you're right. Provided you're not on prohibited property mentioned, I don't think too many cops in Texas are going to haul you in on DOC if you have a loaded long gun in the trunk or behind the seat of your truck.