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traveling to Laredo
Posted: Tue Aug 04, 2009 7:35 pm
by attila79
I'm taking a little trip to Laredo in a couple of days. Being the current situation and having a couple of bad apples in my family in that area and the kind of people they hang with I don't feel my side arm would be adequate. I don't plan on getting in any trouble just really keeping my mom company along the trip and want to feel safe. I do my best to stay away from most of them anyways.
Would I be breaking the law if I carry my M4 with me in my truck concealed???? Don't want to break any laws.
Re: traveling to Laredo
Posted: Tue Aug 04, 2009 7:37 pm
by dicion
Concealed? Just carry it in the open in your passenger seat! Perfectly Legal!
But no, in regards to your question, you would not be breaking any laws carrying it concealed in your vehicle.
AFAIK The carry of long guns is not regulated in Texas, at all. The only thing they can get you with is 'disturbing the peace', 'disorderly conduct' or something similar if you start strutting around, waving it around and such.
Of Course, IANAL
Re: traveling to Laredo
Posted: Tue Aug 04, 2009 7:45 pm
by boomerang
attila79 wrote:Would I be breaking the law if I carry my M4 with me in my truck concealed???? Don't want to break any laws.
The relevant sections of the penal code seem to be 46.03 for all firearms and 46.05 for your M4.
IANAL
Re: traveling to Laredo
Posted: Tue Aug 04, 2009 7:48 pm
by Beiruty
Open carry of long rifle is legal. Interesting, So, let us say a bunch of Vets decided to parade with their AR-15 in front of Anti-gun protest march. Is this legal? Can I clutch my " AKMS" and have a ride in the back of long-horn truck?
Re: traveling to Laredo
Posted: Tue Aug 04, 2009 7:50 pm
by boomerang
You can do it with a bible too.
Re: traveling to Laredo
Posted: Tue Aug 04, 2009 7:51 pm
by Beiruty
M4 is full-auto (AR-15 are not) and thus follows under:
Sec. 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;
(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 gun.
(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
(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.
(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio; or
(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b).
(e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in which event, it is a Class A misdemeanor.
This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
Renumbered 9/1/94 from 46.04
Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) [amended 6/20/97] A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) [amended 5/30/95] 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) in 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; or
(5) [amended 6/20/97] in or into a secured area of an airport.
(b) [amended 6/20/97] It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.
(c) [amended 6/20/97] In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
(2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution;
(3) a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform; and
(B) the firearm or club is in plain view; or
(5) [added 9/1/95] a security officer who holds a personal protection authorization under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
(e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.
(f) [inserted 9/1/95] It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.
(h) [added 9/1/95] It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
Before 6/20/97 (a) intro line, (a)(5), (b) and (c) provided:
(a) A person commits an offense if, with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a), he intentionally, knowingly, or recklessly goes:
(5) into a secured area of an airport.
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a peace officer or a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.
(c) In this section "secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
Eff 9/1/97 in (f) nonsubstantive change of reference form Civil Statutes to Government Code. Eff 9/1/95 (d)(1) was deleted (see now 46.15) and (d)(2)-(4) were renumbered as (1)-(3). Before 9/1/95 (d)(1) provided:
(1) a peace officer;
Before 5/30/95 (a)(1) provided:
(1) on the physical premises of a school, an educational institution, or a passenger transportation vehicle of a school or an educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
Re: traveling to Laredo
Posted: Tue Aug 04, 2009 10:02 pm
by E10
Don't go to Mex-ico.