The Annoyed Man wrote:You can have a fully automatic suppressed SBR and a .50 Caliber Browning M2, as long as you have the tax stamps from BATFE.
But you can't have a club, knife above a certain size, an ASP, nuclear weapons, ricin, or other biological or chemical WMD.
Why can't he have those three items in his apartment? They are illegal to carry, but perfectly legal to own. The same can be said of a handgun, if you don't have a CHL.
How do you get them legally into the apartment?
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
- em mine
I would presume that it covers going FROM the vehicle back to the residence, though it doesn't say. If it doesn't cover returning to your residence, what are you supposed to do when the vehicle gets full?
Sell it.
Range Rule: "The front gate lock is not an acceptable target." Never Forget.
gljjt wrote:
It is spelled out in PC46.02. It is iffy since it is an apartment and you don't control the parking lot. A private residence, no problem...
You don't have to control the parking lot or property to transport it to and from your vehicle. You just have to be enroute. Otherwise, how would a non-CHL ever take a firearm to the range. They don't control that property?
"or (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control."
PC46.02 does not say the "enroute" phase has to be "property under your control."
gljjt wrote:
It is spelled out in PC46.02. It is iffy since it is an apartment and you don't control the parking lot. A private residence, no problem...
You don't have to control the parking lot or property to transport it to and from your vehicle. You just have to be enroute. Otherwise, how would a non-CHL ever take a firearm to the range. They don't control that property?
"or (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control."
PC46.02 does not say the "enroute" phase has to be "property under your control."
It also says enroute 'to' and not enroute 'from'. Implies you must be on property you control when you exit your vehicle. So you are covered after the purchase and to your vehicle but not from your vehicle unless you control the property. If I recall correctly, it was purposefully written that way. As far as the range, I believe that would fall under the sporting (PC 46.15) exception. That's my read. IANAL, etc., etc., etc.
gljjt wrote:
It also says enroute 'to' and not enroute 'from'. Implies you must be on property you control when you exit your vehicle. So you are covered after the purchase and to your vehicle but not from your vehicle unless you control the property. If I recall correctly, it was purposefully written that way. As far as the range, I believe that would fall under the sporting (PC 46.15) exception. That's my read. IANAL, etc., etc., etc.
IANAL either, but you are saying that the statute was "purposefully written" to exclude all apartment dwellers (regardless of what their lease says). If true, it needs to be fixed IMHO.
Jumping Frog wrote:How do you get them legally into the apartment?
UPS, USPS, Fedex
This is one correct answer, and this is legal because it is not a case where the delivery driver "carries on or about his or her person" the weapon. The weapon would be packaged in such a way that it is not immediately accessible.
You can carry it from from the store in original packaging or a locked case that made it inaccessible and thus were not carrying it "on or about" your person.
gljjt wrote:
It also says enroute 'to' and not enroute 'from'. Implies you must be on property you control when you exit your vehicle. So you are covered after the purchase and to your vehicle but not from your vehicle unless you control the property. If I recall correctly, it was purposefully written that way. As far as the range, I believe that would fall under the sporting (PC 46.15) exception. That's my read. IANAL, etc., etc., etc.
IANAL either, but you are saying that the statute was "purposefully written" to exclude all apartment dwellers (regardless of what their lease says). If true, it needs to be fixed IMHO.
If true, I would agree, it needs to be fixed (how about removing the restriction completely!!). If I recall, it was not written to exclude apartment dwellers, but to prevent you from taking an otherwise 'illegal' item somewhere other than your property. I suspect the apartment dweller scenario is an oversight. Again, this is my recollection, I may not be correct in the reason, but the code does say enroute 'to' and not enroute 'from'.
i live in an apartment my neighbor still thinks my rifle case is a musical instrument. no one said he was the sharpest tool in the shed.
My lease just says i can't display a firearm in a public area or in a matter that causes alarm.
"displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others" i don't take this to mean you can't have guns you just can't walk around pubic areas showing off your rifle openly.but I'm not a lawyer.
Jim Beaux wrote:Most apartment rentals include parking rights - so at the least, the renter shares control of the parking area.
IANAL, but if I lived in an apartment I would have no concern carrying a club, Bowie knife, etc., concealed from my vehicle to my apartment. I believe it would fall within the intent of the law.
The Annoyed Man wrote:club, knife above a certain size, an ASP
Why can't he have those three items in his apartment? They are illegal to carry, but perfectly legal to own. The same can be said of a handgun, if you don't have a CHL.
How do you get them legally into the apartment?
The same way you get the six inch chef knife or the eight inch bread knife into your apartment after you buy them?
Equo ne credite, Teucri. Quidquid id est, timeo Danaos et dona ferentes
