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Open carry of an AK-47

Posted: Tue May 27, 2008 9:21 am
by drw
I've been carrying an AR-15 in my truck for ranch defense purposes and I love the comfort of knowing that if a varmint comes over the hill, all I have to do is grab my rifle and the problem is taken care of.

A couple days ago my 3 year old son suggested I switch over to the AK-47, citing its ruggedness and that I won't have to worry about "babying" the rifle in the truck. That was an excellent idea and I've made the switch, but now that I think about it, if I had an LEO encounter, an AK-47 might make me look like a terrorist.

I searched the Texas state laws and couldn't find anything at all on the subject, so my question is: what is my legal responsibility with transporting a loaded AK-47 in my truck?

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 9:33 am
by bdickens
I'm not sure what the question is. You legally own the rifle, right? You're on your own property, right?

You said, "I searched the Texas state laws and couldn't find anything at all on the subject...," so I suspect you've already answered your own question.

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 9:35 am
by seamusTX
Assuming that your AK-47 is semi-automatic and not a short-barrel rifle or equipped with a "silencer," it's just as legal as any other rifle.

You are technically in violation of the federal "gun free school zone" if you go within 1,000 feet of school grounds and have the weapon loaded, not locked in a case or rack, and do not have a CHL.

- Jim

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 9:55 am
by drw
I know I have full rights on my own property, the issue is driving back and forth between my house and my property. Sorry I left that part out. :oops:
seamusTX wrote:Assuming that your AK-47 is semi-automatic and not a short-barrel rifle or equipped with a "silencer," it's just as legal as any other rifle.
How short is "short barrel"? I have 3 AK's and all are the same length barrel, it's the typical length. I'm not sure how to measure it.
seamusTX wrote:You are technically in violation of the federal "gun free school zone" if you go within 1,000 feet of school grounds and have the weapon loaded, not locked in a case or rack, and do not have a CHL.
Does that include simply driving past the school?

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 10:25 am
by seamusTX
A short rifle barrel is less than 16 inches. You really can't buy one by accident. They're federally regulated.

There's also an overall minimum length for rifles, which I don't recall off the top of my head. Unless you modified the rifle after buying it, you didn't buy one by accident.

The federal law does apply to driving, even if the school is not in sight and you don't know it's there. It's bogus. I personally do not worry about it.
drw wrote:A couple days ago my 3 year old son suggested I switch over to the AK-47, citing its ruggedness and that I won't have to worry about "babying" the rifle in the truck.
That is one smart kid. He's going to be scary when he's a teenager. ;-)

- Jim

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 11:45 am
by KC5AV
drw wrote:I've been carrying an AR-15 in my truck for ranch defense purposes and I love the comfort of knowing that if a varmint comes over the hill, all I have to do is grab my rifle and the problem is taken care of.

A couple days ago my 3 year old son suggested I switch over to the AK-47, citing its ruggedness and that I won't have to worry about "babying" the rifle in the truck. That was an excellent idea and I've made the switch, but now that I think about it, if I had an LEO encounter, an AK-47 might make me look like a terrorist.

I searched the Texas state laws and couldn't find anything at all on the subject, so my question is: what is my legal responsibility with transporting a loaded AK-47 in my truck?
That's one sharp 3 year old.

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 12:20 pm
by drw
Thanks for the info, Jim. :)

Does the rifle need to be concealed in the vehicle, or does that only apply to handguns? I've been keeping a towel to lay over the rifle when I'm on the county road between house and property.

The 3 year old son is hilarious, he's Mr. Testosterone. What a contrast between him and our gentle 7 year old boy. The 3 year old takes lego blocks and makes a toy gun and goes around "shooting" at trees and squirrels, complete with the noise he makes on each fire.

It's amazing, but he can make a handgun (his 1911), an AR-15 and an AK-47 (complete with 30 round mag) all out of legos. And he has done it completely without anybody telling him what to do or how to do it. He fashions the gun and proudly proclaims, "This is my AK-47!" and sure enough, the resemblance is remarkable. I should take some pictures some time.

We don't allow toy guns so he improvises. He knows the names of almost all my guns (I have a few) and loves to recommend the right firearm for the right application. It's amazing to see his interest in guns and tractors and all things "boy". He's a real pleasure and I'm looking forward to teaching him to shoot in a couple years. I predict his youth will be full of adventure and excitement; it's a good thing we have 90 acres for him to prowl around on.

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 12:30 pm
by seamusTX
There is no legal requirement to conceal a long gun. I think it is a good idea to do so, to discourage theft and panic by ninnies. We carry our shotguns in sleeves in the car.

On the panic angle, Jim Dark, who is currently executive director of the TSRA, had someone call the cops because he had a rifle in the back seat at a drive-in restaurant. The cops didn't do anything, but who needs that?

It sounds like you have been blessed with a wonderful son and provided a great place for him to grow up.

- Jim

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 1:19 pm
by drw
Thank you for the info, Jim. You're a wealth of information!

And thanks for the kind words about little Simon. :thumbs2:

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 2:21 pm
by seamusTX
You're welcome. Just remember I am not a lawyer. All I do is read some of what's out there for everyone to read.

- Jim

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 2:34 pm
by drw
seamusTX wrote:You're welcome. Just remember I am not a lawyer. All I do is read some of what's out there for everyone to read.
Of course. :)

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 6:57 pm
by Liberty
drw wrote:
seamusTX wrote:You're welcome. Just remember I am not a lawyer. All I do is read some of what's out there for everyone to read.
Of course. :)
He seems to retain it better than some of the rest of us though :oops:

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 7:06 pm
by longtooth
You got that right. :iagree:

Re: Open carry of an AK-47

Posted: Tue May 27, 2008 10:46 pm
by Stupid
You can carry your rifle - any rifle as you please, except for school zone.

CHL has nothing to do with rifle - it's concealed handgun license.

It's not to say that if you openly carry an AK47, you wouldn't get in trouble with some heavy harassment.

Just hide it in your car and be safe.

Re: Open carry of an AK-47

Posted: Wed May 28, 2008 12:25 am
by lunchbox
i have carried an ak 47 and 12ga in my car since high school ( i parked just the other side of 1000 feet to be legal.
and there was an instance where the cops were called ( a nosy old lady saw me putting my guns in my moms car one afternoon since i was leaving my car in the school shop over night) well i went back to the school after they called my house told them i had broken no law and didnt care much for whta they had to say. the cop (whos most incompatent with firearms) said he wanted to unload them and take down types cals and numbers
i said thats fine he did so then left i reloaded the guns put them back and went to the gun range. i did get an evil eye from the assistant priciple
but that was about it he didnt like that i had the guns in my car but there wasnt much he could realy do about it. plus if i was intending to harm fellow students i would have just done so and never given a chance for my guns to be seen that day.


im sure there are spelling and grammer errors galore
please excuse me as i hate to type and get in a hurry on here :thewave