Unloaded weapon and 30.06

dwsUSA · Post by **dwsUSA** » Sat Dec 01, 2007 1:31 am

Lets say you are carrying and you come across a place with a 30.06 sign posted. You don't want to leave your weapon in your vehicle so you unload it, leave all ammo, etc. locked up in you vehicle, and re-holster your weapon. Would you be in trouble if caught? It sure seems like keeping your unloaded weapon on you would be much safer than leaving it locked up in your vehicle.

Post by **carlson1** » Sat Dec 01, 2007 2:00 am

Welcome to the Forum. I am going to say you are still in violation of the 30.06, but you could sure leave the handgun and bring the magazine or ammo with you

txinvestigator · Post by **txinvestigator** » Sat Dec 01, 2007 2:37 am

Texas does not make a distinction between loaded and unloaded firearms, generally.

(I do realize that "making a firearm accessible to a child" does)

kauboy · Post by **kauboy** » Sat Dec 01, 2007 2:42 am

Agreed, 30.06 deals with "handguns". According to a retired officer I spoke to, you can open carry magazines anywhere, but the "handgun" is what the law is concerned with.
Whether it is useable or not, 30.06 disallows the carry of a "handgun"

Â§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN. (a) A license holder commits an offense if the license
holder:
(1) carries a handgun...

KD5NRH · Post by **KD5NRH** » Sat Dec 01, 2007 3:22 am

kauboy wrote:Agreed, 30.06 deals with "handguns".

So, what deals with AOWs?

This isn't a handgun by any definition I'm aware of.

mikeloc · Post by **mikeloc** » Sat Dec 01, 2007 4:19 am

I give up what is an AOW?

seamusTX · Post by **seamusTX** » Sat Dec 01, 2007 7:36 am

AOW means "any other weapon." It's a legal term for things like pen guns and cane guns.

Assuming that you somehow were caught by the police with one of these things, the situation would be up for grabs.

- Jim

GrillKing · Post by **GrillKing** » Sat Dec 01, 2007 8:33 am

seamusTX wrote:AOW means "any other weapon." It's a legal term for things like pen guns and cane guns.

I think a pen gun is covered below. Status of a cane gun would be interesting..... I don't think it is a handgun, and it's not generally illegal to carry a long gun.

Â§ 46.01. DEFINITIONS
(5) "Handgun" means any firearm that is designed,
made, or adapted to be fired with one hand.

dwsUSA · Post by **dwsUSA** » Sat Dec 01, 2007 11:42 am

It seems to me that carrying an unloaded gun would be much safer to the public than leaving a loaded gun locked in your vehicle. So when you are forced to leave your weapon in your vehicle how many folks unload it as well?

On another note, and I don't mean to open another can of worms here, but what gives a state or federal government the authority to restrict where a person can carry? I'm not interested in a debate on this, just wondering what the law says.

seamusTX · Post by **seamusTX** » Sat Dec 01, 2007 11:52 am

dwsUSA wrote:... what gives a state or federal government the authority to restrict where a person can carry? I'm not interested in a debate on this, just wondering what the law says.

In the case of the federal government, a series of Supreme Court rulings. In the case of Texas, the state constitution.

- Jim

Supercat · Post by **Supercat** » Sat Dec 01, 2007 3:00 pm

If I must leave it in the car, I lock up the firearm NO ammo or mags. I keep all ammo and mags with me.

I figure it will be at least a little harder for someone to use if they broke in and stole it. Not much harder but I depend on criminals being dumb in this instance.

KRM45 · Post by **KRM45** » Sat Dec 01, 2007 8:30 pm

My assesment is those are flat out prohibited weapons:

Â§ 46.01. DEFINITIONS. In this chapter:
(16) "Zip[0] gun[0]" means a device or combination of
devices that was not originally a firearm and is adapted to expel a
projectile through a smooth-bore or rifled-bore barrel by using the
energy generated by an explosion or burning substance.

Â§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun[0];
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip[0] gun[0].

seamusTX wrote:AOW means "any other weapon." It's a legal term for things like pen guns and cane guns.

Assuming that you somehow were caught by the police with one of these things, the situation would be up for grabs.

- Jim

[/quote]

seamusTX · Post by **seamusTX** » Sat Dec 01, 2007 9:13 pm

KRM45 wrote:My assesment is those are flat out prohibited weapons:

Â§ 46.01. DEFINITIONS. In this chapter:
(16) "Zip[0] gun[0]" means a device or combination of devices that was not originally a firearm

A zip gun is a crude homemade firearm, constructed from plumbing pipe and other materials.

AOWs are manufactured as weapons and licensed by BATFE.

- Jim

KBCraig · Post by **KBCraig** » Sat Dec 01, 2007 9:18 pm

KRM45 wrote:My assesment is those are flat out prohibited weapons:

What are? Pen guns and cane guns are not zip guns, because they're not non-firearms adapted to be firearms; they're made as firearms from the start.

If you're talking about the short-barreled Serbu, it's kosher too, so long as the tax stamp is paid:

46.05(c) It is a defense to prosecution under this section that
the actor's possession was pursuant to registration pursuant to the
National Firearms Act, as amended.

srothstein · Post by **srothstein** » Sun Dec 02, 2007 12:11 am

KRM45,

What the others are not explicitly pointing out, though they know about it, is section (c) of PC. 46.05, which says:

'It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.'

When they refer to AOW, it is specifically a weapon on which the tax has been paid and the registration completed for the NFA. Otherwise, it is not an AOW, but a prohibited weapon as you posted. It is tricky, but as a general rule you can assume that they meant a properly registered weapon when they use the term AOW.