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  • Throat Punch

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    What do you all think about the open carry of long guns? If many of us across Texas/US began to carry rifles & shotguns openly, it may bring some attention to the 2A fight while getting those who are neutral or against 2A rights to see normal everyday people who support gun rights. I would caution anyone carrying to use discretion when choosing where they are going to carry and to remember those who oppose us will likely try to bait us into a yelling match. Does anyone know specifics regarding the carry of long guns in Texas? As I understand, it is legal to carry a rifle of shotgun on your person in public. I am interested to hear opinions on this. Thanks.

    T.P.
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    Shooter McGavin

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    Use the search tool on here, I believe there was a thread covering this in detail not to very long ago with lots of helpful information. It's my understanding you're allowed to do so as long as it's not being carried/brandished in a threatening manner in which causes a scare. Good luck on that, with all the firearm related issues being spun by the lame stream media currently the average citizen is already on edge.
     

    majormadmax

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    Correct, although some cities like San Antonio have local ordinances against the carrying of long arms on public streets.

    I think it would cause more harm than good, despite not being a threat there are still folks who would panic at the sight of a rifle and call the police.

    God only knows how the liberal media would spin it, don't expect objective and truthful reporting of the event; more likely it would be seen as fodder for stricter gun control.

    I think you'd be smarter to geta t-shirt made that shows your position on such matters...
     

    recoveringyankee

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    TXI, that is a wildly grey area. I always figured the "manner caluculated to alarm" would be things like: waving it around, point it at people, acting aggressive while holding it horizontal, etc.... I figure just its existence in Austin would cause alarm.

    Do you have any examples or people who were found in violation and not in violation of 42.01


    thanks

    PS: Not planning to become the test case, just curious.
     

    F350-6

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    TXI, that is a wildly grey area. I always figured the "manner caluculated to alarm" would be things like: waving it around, point it at people, acting aggressive while holding it horizontal, etc.... I figure just its existence in Austin would cause alarm.

    Do you have any examples or people who were found in violation and not in violation of 42.01


    thanks

    PS: Not planning to become the test case, just curious.

    So it's a gray area. What does not alarm you, may scare the poop out of someone else. While you may legally be justified in carrying a rifle, the responding officer is going to let the judge decide that matter. You might win, but not until you've gone for a nice little ride and spent some enjoyable time sitting in a cozy room with others who also proclaim their innocence.

    And I don't think a test case would be of much use anyway. The ruling would likely be on a case by case basis determined by the perceived alarm you caused and the skill of your lawyer / lack of skill of the prosecutor.
     

    jordanmills

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    So it's a gray area. What does not alarm you, may scare the poop out of someone else. While you may legally be justified in carrying a rifle, the responding officer is going to let the judge decide that matter. You might win, but not until you've gone for a nice little ride and spent some enjoyable time sitting in a cozy room with others who also proclaim their innocence.

    And I don't think a test case would be of much use anyway. The ruling would likely be on a case by case basis determined by the perceived alarm you caused and the skill of your lawyer / lack of skill of the prosecutor.

    It doesn't matter if the prosecution can prove that someone else was alarmed. They have to prove that you calculated to alarm. It's not just that someone else got scared of the big black gun.
     

    txinvestigator

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    So it's a gray area. What does not alarm you, may scare the poop out of someone else.
    Under the law as written, someone being scared does not give rise to probable cause to arrest. An officer must have PC that you calculated to alarm. That does give way to discretion. ;)


    While you may legally be justified in carrying a rifle, the responding officer is going to let the judge decide that matter. You might win, but not until you've gone for a nice little ride and spent some enjoyable time sitting in a cozy room with others who also proclaim their innocence.
    Letting the judge decide is not PC to arrest. Beyond reasonable doubt is required for conviction, Probable Cause, a considerably lower standard (but still a standard) is required for arrest.
    And I don't think a test case would be of much use anyway. The ruling would likely be on a case by case basis determined by the perceived alarm you caused and the skill of your lawyer / lack of skill of the prosecutor.

    Again, causing alarm, perceived or otherwise, is not the proscribed act.l
     

    Younggun

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    I've thought about taking a walk with my AR or even my deer rifle.

    Like others have mentioned, I feel like it may hurt more than help, ESP as an individual.

    Now possibly doing a group walk somewhere and talking to people along the way but even then there is a lot of spin room for the libs.
     

    F350-6

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    Letting the judge decide is not PC to arrest. Beyond reasonable doubt is required for conviction, Probable Cause, a considerably lower standard (but still a standard) is required for arrest.

    I won't argue with that, but why don't you go strap a rifle over your back and take a stroll somewhere very public. My money for the big city cops still says you'll take the ride. Perhaps I'm wrong and you could have a reasonable conversation with the responding officer and he would just tell you to be on your way, but after the multiple 911 calls I'm sure they would receive, I doubt it.
     

    txinvestigator

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    I won't argue with that, but why don't you go strap a rifle over your back and take a stroll somewhere very public. My money for the big city cops still says you'll take the ride. Perhaps I'm wrong and you could have a reasonable conversation with the responding officer and he would just tell you to be on your way, but after the multiple 911 calls I'm sure they would receive, I doubt it.

    Take it easy dude. If you actually pay attention to the thread I told the OP that caution should exercised. It would be easy, depending on your location and manner of carry, for an officer to have PC for calculated.

    My response was to correct the bad information regarding what it takes to arrest.
     

    M. Sage

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    TXI, that is a wildly grey area. I always figured the "manner caluculated to alarm" would be things like: waving it around, point it at people, acting aggressive while holding it horizontal, etc.... I figure just its existence in Austin would cause alarm.

    Do you have any examples or people who were found in violation and not in violation of 42.01


    thanks

    PS: Not planning to become the test case, just curious.

    That's not gray. The law means that you have to INTEND to cause alarm, in other words, for a conviction, they'd have to prove beyond a reasonable doubt that your carrying the rifle was INTENDED to cause alarm.
     

    F350-6

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    Take it easy dude. If you actually pay attention to the thread I told the OP that caution should exercised. It would be easy, depending on your location and manner of carry, for an officer to have PC for calculated.

    My response was to correct the bad information regarding what it takes to arrest.

    I wasn't trying to come across harsh. I realize you're trying to point out the technicalities, which is something you do often, and quite well. I was just trying to point out that technicalities and legality doesn't always mean life will be easy. As the saying goes, you might beat the rap, but you're not going to beat the ride.

    Sorry if I offended you or my post came across too harsh.
     

    Vaquero

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    Sad that it even justifies discussion. WE let too much slip away for too long. Gonna be a while before rifles and shotguns are welcome in society again.
    Unarmed was unthinkable in our forefathers day.
     

    Stumpy

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    Sad that it even justifies discussion. WE let too much slip away for too long. Gonna be a while before rifles and shotguns are welcome in society again.
    Unarmed was unthinkable in our forefathers day.

    ^this guy gets it.


    Rights are like muscles. If you do not exercise them, they tend to diminish.
     

    Throat Punch

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    My fear is that if this right isn't exercised, then it will surely go away. Would anyone be interested in doing a group open carry walk or meetup somewhere? As the guy up north did, I think it would be wise to look into local ordinances & notify the local PD ahead of time.
     
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