Texas Gun Laws

[txinvestigator]

Thanks very much, txinvestigator. I greatly appreciate your help, particularly the amount of detail and posting/alluding to the TX penal code. It clearly took some time and effort, and I'm extremely grateful. That's how real Texans treat one another! I hope I can return the favor at some point, but I tend to think that there's not much I could tell you that you don't already know when it comes to the subjects discussed on this site.

My pleasure.

And I learn from this site everyday.

 

[Texas42]

Delete

 

[jsbriske]

I have a question. The second amendment says that we have the right to keep and bear arms. I KEEP arms in my gun cabinet. I BEAR arms either on my hip, in my pocket, over my shoulder etc. If you read it as it is, we have the right to own a gun and also carry that gun. Am I right? It appears to me that part of our freedom under the second amendment has already been taken away.

 

[Harley Rider 55]

No. That law was last amended then. When I was a Junior in High School (1977) the age of majority was 18. I learned that in a Business Law class then. I entered into contracts long before 1985.

ANd why do you refer to these people as "youngsters" and believe they need societies protection? This law benefits these people as it allows them to control their lives.

I was legally drinking beer at age 18 in August 1973.

 

[Nergelovic]

Semi Auto shotguns

What are the laws regarding semi auto magazine fed shotguns.

 

[Texas1911]

What are the laws regarding semi auto magazine fed shotguns.

There are none, unless you are hunting migratory game.

 

[Nergelovic]

Well I'm not hunting migratory game so thanks for the info.

 

[Adionik]

I'm confused about the "carrying in the car". I've heard you can carry a handgun, without a CHL, in your car as long as it's not in plain view or you're a felon. Any truth to this?

A law clarifying carrying handguns in your car takes effect today. Bizarrely enough, the law was championed by both the National Rifle Association and the American Civil Liberties Union.

Basically, a person may now carry a handgun in his vehicle without a concealed handgun license. Furthermore, the person does not have to be "traveling" like under previous Texas law.

However, the handgun may not be in plain view. Also, the person cannot be committing a crime, a member of a street gang, or be prohibited from carrying a firearm by other laws.

Read the revision to the Texas Penal Code Section 46.02 "Unlawful Carrying Weapons"here.

 

[halo311]

group buy

Ok I've thumbed through for days and come up with little. I have 7 people wanting to do a group buy on some AR lowers. How does this work in regards to me ordering them and getting them to my FFL and doing paperwork, is it legal for me to sell them the lowers like a FTF sale? And assuming so what would be my responsibilty for them being that all the ser# will be in my name?

 

[thorkyl]

Ok I've thumbed through for days and come up with little. I have 7 people wanting to do a group buy on some AR lowers. How does this work in regards to me ordering them and getting them to my FFL and doing paperwork, is it legal for me to sell them the lowers like a FTF sale? And assuming so what would be my responsibilty for them being that all the ser# will be in my name?

I would suspect that the ATF would call that a straw purchase.

I did a group buy of some 91/30's

I gathered up the funds, went to the dealer and paid for them.
Gave them the name, address, phone number of each in the group.

When they came in, I went and picked up mine.
Then started making calls for people to go get them.

Each does their own paperwork.
They where all paid for, including the tax and the brady bunch paperwork fees(s) if any

 

[halo311]

one more question on the group buy

ok i looked up the straw puchase thing in the BATF handbook....you were right...thanks!...now one more question....some of us in the buy are getting 2 or more lowers...is that going to be a 4473 for each one or will they be listed on the same form? I'd ask my FFL but he's in Vegas with everyone else...THANKS A MILLION!!!

 

[txinvestigator]

I'm confused about the "carrying in the car". I've heard you can carry a handgun, without a CHL, in your car as long as it's not in plain view or you're a felon. Any truth to this?

Google Texas Penal Code section 46.02

 

[Rabies]

Ok. I can carry a gun in my car without a license so long as it's concealed by the vehicle. Can it be loaded? I've been reading and don't see anything about that.

Does Texas have a so called Shoot The Carjacker Law?

 

[txinvestigator]

Ok. I can carry a gun in my car without a license so long as it's concealed by the vehicle. Can it be loaded? I've been reading and don't see anything about that.

Does Texas have a so called Shoot The Carjacker Law?

Nothing in Texas law requires that the handgun be "concealed by the vehicle".

If you read the law, does it require that the handgun be unloaded? Does it mention the loaded or loaded status of the handgun?

I have no idea what a "shoot the carkjacker law" is. GOD, this is getting old.

For Texas Use of force laws, Google Chapter 9 of the Texas Penal code, or seek the counsel of an attorney.

 

[Rabies]

Google is the enemy. Ask a crocodile.

I did use the resources linked at the top of this thread and HB 1815 says its an offense if the the handgun is in plain view. I believe if something is not in plain view than it is concealed. We can discuss if not in plain view is the same as concealed by law or dictionary definition.

There is no mention of loaded of unloaded in HB 1815 which is why I am engaging in a discussion abouit it on this here discussion board. I know, I'm a weirdo. If there is no law against something then I think that something is not against the law. Its good to know though.

You should Bing shoot the carjacker. Add louisiana to your querry. Used to be that it was legal in louisiana to shoot a fool if he was jacking your ride. Unless he was a mechanic using an approved jack with your permission.

 

[txinvestigator]

Google is the enemy. Ask a crocodile.

I did use the resources linked at the top of this thread and HB 1815 says its an offense if the the handgun is in plain view. I believe if something is not in plain view than it is concealed. We can discuss if not in plain view is the same as concealed by law or dictionary definition.

The "vehicle" does not have to conceal the handgun. The handgun just cannot be in plain view. You can have it on your person in the vehicle; concealed by your shirt if you wish.

BTW, it is not appropriate to refer to a bill unless you also cite the legislative session number. HB 1815 from the last session is NOT the bill to which you are referring. This is now LAW, and is section 46.02 of the Texas Penal Code

There is no mention of loaded of unloaded in HB 1815 which is why I am engaging in a discussion abouit it on this here discussion board. I know, I'm a weirdo. If there is no law against something then I think that something is not against the law. Its good to know though.

I asked the question the way I did so you, and others reading this, will realize that unless a thing is listed as illegal it is, by default, lawful.

You should Bing shoot the carjacker. Add louisiana to your querry. Used to be that it was legal in louisiana to shoot a fool if he was jacking your ride. Unless he was a mechanic using an approved jack with your permission.

I have no desire to Bing or Google laws from other states. This is Texas. So in LA define, "carkjacking". What if he is not a fool, but a smart criminal? What if it is not your ride, but your mother's ride?

Again, chapter 9 of the Texas Penal code tells you when you are justified "to shoot a fool".

 

[Rabies]

So I was looking at HB 46.02 ... ok now I'm doing it on purpose instead of laziness while I'm at work on my Black Berry. But seriously, lets try to make a straight line statement out of it.

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: (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which: (1) the handgun is in plain view

Sure enough, it does not say how the gun should not be in plain view. It looks like it's saying that I am not committing an offense if I am carrying a gun not in plain view on my person so long as I am in my vehicle and the gun is not in plain view. It doesn't say it can't be loaded either. Cool.

Now, if I've got this right, it's legal for me to strap a gun onto my person, cover it with my jacket and ride around town on my motorcycle. A motorcycle is a vehicle.

And yes, this is Texas. Louisiana is the state next door. Not Texas. Well, Texas is next door to Louisiana but that's not quite the point yet it is. I have a sofa in my living room. What's a sofa, you wonder. It's a bench type looking thing you sleep on when the movie is really boring. Hmmm. You're not in my living room. I checked. But, if you go into your living room, you may see a bench type looking thing that you have slept on during a boring movie and then, ah-ha!, you know what I'm talking about.

 

[Danton]

Thank you Idleprocess, that is an excellent compilation from the NRA. After browsing through it, I would like to add a comment. Due to the wording of their section in regards to machineguns, I can see how it might be possible for someone to get the wrong idea. Machineguns, suppressors, short barrel rifles, and all other weapons as classified under the NFA are in fact 100% legal in Texas when registered with the BATFE in the proper manner. The only catch is you have to apply to the BATFE(ATF) to obtain the proper "tax stamp" in order to legally register the firearm. You cannot legally own/possess any of these types of weapons any other way. Basically, anyone that can legally purchase a handgun, rifle, shotgun, etc in Texas can legally purchase a machinegun, suppressor or any other NFA item provided you apply through the BATFE. I fully plan on adding another sticky in the future in
regards to NFA weapons and regulations, so I'm not elaborating on it here.

Thank you, Sig_Fiend! I saw an H&K UMP 45 for the first time a couple of weeks ago, and fell in lust. Been dreaming about owning one since, but didn't think it was possible - even in semi - so never did the research. Now all I have to do, after finding one at a non-ridiculous price (which may not be possible), is do the homework and file the appropriate paperwork (not in that order, clearly). Can't think of a better home defense/zombie killer. You made my day!

 

[texdot]

Why do you never hear of this?




Renumbered 9/1/94 from 46.05
Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM BY FELON. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
(b) An offense under this section is a felony of the third degree.

 

[Texas1911]

Now, if I've got this right, it's legal for me to strap a gun onto my person, cover it with my jacket and ride around town on my motorcycle. A motorcycle is a vehicle.

Correct, so long as you aren't doing anything stupid, ie. a member of a criminal street gang, committing a class B or higher misdemeanor or felony, etc.

However, when you step off of the motorcycle, you would need a CHL unless you are directly enroute to your residence, or a sporting event (IDPA, shooting range, hunting, etc.)