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Carry while protesting ?
Posted: Mon Aug 10, 2015 11:23 am
by chuck j
I don't post much here but come to read quite a bit . I wondered if anyone knows if you can carry during a public protest ? I attend them fairly often and plan on stepping up my involvement . I have never been asked by law enforcement to produce a CHL as I have never had to . What would be the limitations of conceal carry while involved in a public protest with others peacefully assembled ? Thanks !
Re: Carry while protesting ?
Posted: Mon Aug 10, 2015 11:39 am
by misterlarry
To me, it depends on "location, location, location". I always carry when I attend peaceful, lawful assemblies provided that the location is not posted 30.06 or prohibited by federal law.
Re: Carry while protesting ?
Posted: Mon Aug 10, 2015 11:47 am
by Abraham
chuck j,
What sort of protesting to do you participate in?
Are LEO's standing by if things get dicey?
Thanks!
Re: Carry while protesting ?
Posted: Mon Aug 10, 2015 11:47 am
by chuck j
How about the courthouse ? Public officials(not in courthouse) offices . How bout easement around courthouse ? Easement at major traffic intersections ? Just more common places to protest in general ?
Re: Carry while protesting ?
Posted: Mon Aug 10, 2015 12:00 pm
by chuck j
Abraham wrote:chuck j,
What sort of protesting to do you participate in?
Are LEO's standing by if things get dicey?
Thanks!
Mainly things that would concern Christians . Don't want to get a debate going on this forum , it is not receptive to such topics . Only interested in carry while protesting ...............lets say anything within my rights to do so . And yes I have attended a few interdenominational protests that the police had a couple of cars there as a presence .
Re: Carry while protesting ?
Posted: Mon Aug 10, 2015 12:00 pm
by txglock21
I wouldn't suggest it in front of the White House or anywhere in Washington D.C., come to think about it.....Sorry, I couldn't help myself.
Re: Carry while protesting ?
Posted: Mon Aug 10, 2015 12:14 pm
by Javier730
You can carry while protesting so long as your somewhere that you can legally carry.
Re: Carry while protesting ?
Posted: Mon Aug 10, 2015 12:21 pm
by chuck j
chuck j wrote:Abraham wrote:chuck j,
What sort of protesting to do you participate in?
Are LEO's standing by if things get dicey?
Thanks!
Mainly things that would concern Christians . Don't want to get a debate going on this forum , it is not receptive to such topics . Only interested in carry while protesting ...............lets say anything within my rights to do so . And yes I have attended a few interdenominational protests that the police had a couple of cars there as a presence .
Should have added the 'presence' was most likely to protect us , LOL .
Re: Carry while protesting ?
Posted: Mon Aug 10, 2015 6:28 pm
by chuck j
Javier730 wrote:You can carry while protesting so long as your somewhere that you can legally carry.
I thank you for the advice , it sounds reasonable . I believe this is a new topic here , not much input but thank all .
Re: Carry while protesting ?
Posted: Mon Aug 10, 2015 6:42 pm
by WildBill
I would not, but I am just an old conservative.
Even though you may be following the law, during a protest, things can backfire.
Re: Carry while protesting ?
Posted: Mon Aug 10, 2015 10:19 pm
by Taypo
It's probably legal to carry during your protests. Whether or not it's a wise decision is up to you.
Re: Carry while protesting ?
Posted: Tue Aug 11, 2015 9:33 am
by Charles L. Cotton
Protesting would be a factor in the legality of carrying a firearm only if 1) the person was not a CHL; and 2) the city had an ordinance against carrying firearms at a political rally. The preemption statute was watered down slightly in response to the New Black Panthers carrying rifles and shotguns in a protest outside the Republican National Convention in Houston several years ago. The authority granted to cities and counties by this change does not apply to CHLs.
Chas.
Tex. Local Gov't Code §229.001 wrote:Sec. 229.001. FIREARMS; AIR GUNS; EXPLOSIVES. (a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code,
a municipality may not adopt regulations relating to:
- (1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, ammunition, or firearm or air gun supplies; or
. . .
(b) Subsection (a) does not affect the authority a municipality has under another law to:
(6) regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
. . .
- (C) political rally, parade, or official political meeting; or . . .
Re: Carry while protesting ?
Posted: Tue Aug 11, 2015 6:02 pm
by chuck j
Charles L. Cotton wrote:Protesting would be a factor in the legality of carrying a firearm only if 1) the person was not a CHL; and 2) the city had an ordinance against carrying firearms at a political rally. The preemption statute was watered down slightly in response to the New Black Panthers carrying rifles and shotguns in a protest outside the Republican National Convention in Houston several years ago. The authority granted to cities and counties by this change does not apply to CHLs.
Chas.
Tex. Local Gov't Code §229.001 wrote:Sec. 229.001. FIREARMS; AIR GUNS; EXPLOSIVES. (a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code,
a municipality may not adopt regulations relating to:
- (1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, ammunition, or firearm or air gun supplies; or
. . .
(b) Subsection (a) does not affect the authority a municipality has under another law to:
(6) regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
. . .
- (C) political rally, parade, or official political meeting; or . . .
Re: Carry while protesting ?
Posted: Tue Aug 11, 2015 6:04 pm
by chuck j
Thank you !