Basic Texas Weapons Laws

[txinvestigator]

I have written a very simple guide to basic Texas Weapons Laws. I placed it is the Blogs section of the site, and I had to break it up into pieces due to space restraints.

I would appreciate if everyone interested would review it and let me know what you think. I have it saved on the PC as a text file, so editing is simple.

If it is found to be useful, perhaps it could be posted as a stickey here somewhere.

it can be found here;

http://www.texasguntalk.com/forums/blogs/txinvestigator/11-basic-texas-weapons-laws-part-1.html

http://www.texasguntalk.com/forums/blogs/txinvestigator/12-basic-texas-weapons-laws-part-2.html

http://www.texasguntalk.com/forums/blogs/txinvestigator/13-basic-texas-weapons-laws-part-3.html

http://www.texasguntalk.com/forums/blogs/txinvestigator/14-basic-texas-weapons-laws-part-4.html

http://www.texasguntalk.com/forums/blogs/txinvestigator/15-basic-texas-weapons-laws-part-5.html

http://www.texasguntalk.com/forums/...-basic-texas-weapons-laws-parts-6-thru-8.html

If you use any of the work, I just ask that you cite the source.

Thank you all.

 

[Al Swearengen®]

Good stuff, especially with those new or not familiar with our laws.

Comment, just a comment, what about adding the history or background with the laws? Like, why not carry at churches or hospitals? I've wondered how these laws originated, just like the Black Panthers bringing in their guns into a government building back in the 60's...etc.

What about:

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:(5) a switchblade knife;

I was at the Tyler Guns/Knives' show and saw a lot of switchblades being sold. What's up with that?

 

[txinvestigator]

Good stuff, especially with those new or not familiar with our laws.

Comment, just a comment, what about adding the history or background with the laws? Like, why not carry at churches or hospitals? I've wondered how these laws originated, just like the Black Panthers bringing in their guns into a government building back in the 60's...etc.

That would be interesting, but to be honest I just don't know those things.

What about:


I was at the Tyler Guns/Knives' show and saw a lot of switchblades being sold. What's up with that?

Dunno. I guess no one cares to enforce that law there.

 

[45tex]

Last I heard its fine to own a switchblade, but you run in to trouble when you carry a switchblade

 

[txinvestigator]

Last I heard its fine to own a switchblade, but you run in to trouble when you carry a switchblade

That is not true. Well, it actually IS true, as Texas does not regulate the ownership of weapons. The state regulates the POSSESSION or CARRYING of them. It is unlawful to POSSESS a switchblade, even at your home.

See my section 5 for a complete explanation.

NOTE: I just notice that I lost my paragraph formatting when copying and pasting from Word into the Blog. I'll fix that.

 

[jordanmills]

I need to read all of this, but it looks pretty nifty. Thanks for taking the time to put it all out.

 

[Dcav]

Good stuff TXI. Thanks.

 

[2phast4u2]

50 bmg API

So, if I read and understand correctly, it would be illegal to own 50 bmg API ammo correct? Would that also mean a sale or buy of it would be illegal as well? even from an individual?

 

[jordanmills]

So, if I read and understand correctly, it would be illegal to own 50 bmg API ammo correct? Would that also mean a sale or buy of it would be illegal as well? even from an individual?

If you commonly shoot 50 BMG out of a handgun, you have FAR bigger balls than I.

 

[2phast4u2]

Ah, I see. They measure your balls for legality! J/K

I seem to have missed the "used principally in pistols and revolvers" is my first few reads. Thanks for pointing of those key words.

 

[willygene]

looks good Tx.

 

[cougartex]

Thanks for the information.

 

[txinvestigator]

Apparently Blogs cannot be edited. I would like to fix the formatting on some of the paragraphs. Hummm...

 

[Big country]

Thank you sir. I'm sure this will help everyone out and cut down on some of your Q&A.

 

[rosebud99]

good info and easy to understand...thanks for taking the time tx.

 

[Dionysis]

Thank you!

I'm a new gun enthusiast, and found your posting very helpful. I'm thinking of taking some courses for safety and marksmanship, haven't decided about the whole concealed carry issue, but it's good to know what's legal and what's not.

Thank you for taking the time to put this together and posting for the good of the community!

 

[txinvestigator]

Thanks for all of the input.

I will be writing two more of these series; One that is for CHL laws, the other a review of Texas' use of force laws.

The CHL series will not cover 46.02 or 46.15 (CHLers authority to carry), nor will it cover places you cannot carry. To do so would be redundant. I will cover the eligigibility requirements in detail, class requirements, shoooting qualification, etc. Any other ideas?

 

[BurkGlocker]

i'm still confused though... Can you open carry at anytime in TX, or does it have to be concealed all of the time? Like hunting, or about your home or property, can you open carry then? I would definately hate to have to reach for a concealed handgun while hunting while wearing 20 layers of clothing while being mauled to death by a mountain lion or a P.O.ed hog.

We sure do appreciate the time you devoted to all of this TxI. Thanks...

BG

 

[txinvestigator]

i'm still confused though... Can you open carry at anytime in TX, or does it have to be concealed all of the time? Like hunting, or about your home or property, can you open carry then? I would definately hate to have to reach for a concealed handgun while hunting while wearing 20 layers of clothing while being mauled to death by a mountain lion or a P.O.ed hog.

We sure do appreciate the time you devoted to all of this TxI. Thanks...

BG

From the guide that I wrote;

Penal Code section 46.02 also states that it is not an offense if the handgun, illegal knife of club is carried on your own premises or premises under your control, or if you are inside of or directly en route from your residence to a motor vehicle that you own or are in control of. That section goes on to state 4 restrictions for handgun carry in a motor vehicle. The handgun must not be in plain view, you must not be a member of a criminal street gang, you cannot be prohibited by law from possessing a firearm, and you cannot be in the commission of a crime at the time. Traffic offenses that are class C misdemeanors do not count, nor do city ordinance violations. These restriction only apply to the handgun. This section requires the handgun be concealed.

In this section of the code the term “premises” is defined as including “real property”. It is not limited to building and portions of buildings as in a later section of the code. Your premises covers all of your property. If you live in a home, that includes the yard and driveway. If you live in an apartment, it does not cover common areas that are not within your control.​

The phrase “premises under your control” includes your business location, if you control it. Notice that those working at gun ranges and many gun stores carry handguns on their persons. They may not own the store, but they control it while working. The store manager for a large retail store would control the premises, but I doubt the Clinique girl working the cosmetics counter has the premises “under her control”. This section covering your premises and premises under your control is silent on the condition the weapon is carried; open or concealed.

If the law does not mandate that carry be concealed or plain view, then you can carry however you wish.​

If Texas law generally only allows the carry of those weapons under those conditions, how do police officers, CHL holders, and others lawfully carry outside of those restrictions? Section 46.15 of the penal code is titled Non-Applicability. It tells us when section 46.02 (unlawful carrying weapons; the law described in section 1) does not apply to a person. Section (a) covers police officers, military, etc. Section (b)(6) tells us that section 46.02 does not apply to a person who is carrying a valid CHL and a concealed handgun of the same action type as listed on his CHL. Action type refers to semi-auto and non-semi auto. A person licensed to carry a semi-auto can carry either, and a person licensed to carry a non-semi auto can only carry a revolver or single shot.

That means a person who has a CHL is exempt from the 46.02 law. Of course, you must have your license with you and be carrying the proper category of handgun. There has been much discussion if this section allows CHL holders to carry an illegal knife and club, as it appears to exempt the person from all of 46.02. The license is called a “concealed handgun license”. The wording of the law appears to allow the carry of the other weapons, but I will not and I cannot state that doing so would be lawful until there is case law on the issue. At the time of this writing there is none of which I am aware.​

This section of the code requires the handgun be concealed. However, there are other times where there is no such requirement. For example, 46.15 (b)(1)exempts a person who is in the actual discharge of official duties as a member of the armed forces or state military forces, or as a guard employed by a penal institution. The code is silent on open or concealed. In addition there are other times when 46.02 does not apply; such as to a person who is traveling. Traveling is not defined. The old “crossing three counties” and other speculated definitions just are not. Personally, I would not rely on this section, as what YOU consider traveling and what a police officer or judge might consider could be vastly different.​

Under 46.15(b)(4), section 46.02 does not apply to a person who is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity. Again, the law is silent on open or concealed carry.​

There are other exceptions that can be found in 46.15(b) An armed guard can carry, but his weapons MUST be in plain view. As you can see, Texas does not completely restrict the open carry of handguns. ​

All of that is taken directly from the guide. ​

 

[BurkGlocker]

Yes, LOL, I read that as well, but with its being so vague in the wording, I still cannot come to a conclusion on the legality of when it is allowed to open carry. **sighs** guess I will just abide by the laws that are clearly started to keep my butt out of a bind. I think it all boils down on how good of a mood the law enforcement official who questions your carry method on how things will end up...

Thanks Again TxI...

BG