Can I Carry a Rifle on a City Street?

[35Remington]

TXInvestigator, I tried to PM you about this, but running out of time.

I'm working today in downtown Austin. Someone else drove, and my luggage is in their trunk here in a private parking garage. Also my rifle, in its case (unloaded; ammo in luggage). My wife is on her way to pick me up.

Is it legal for me to walk to the parking garage, get my luggage and rifle, and walk to the street corner where she will pick me up?

It's sad that I even have to ask that question, but I guess I'm scared of how litigious we have become.

 

[Vaquero]

As far as I know, its perfectly legal.

 

[mantawolf]

Some cities have an ordinance for dealing with that. Where I live, it has to be unloaded and not carried in a threatening manner.

 

[zembonez]

It's legal but it might well attract some attention. In its case I doubt you would be all that noticeable though.

 

[35Remington]

Just finished reading the Texas Penile* Code and City of Austin Ordinances. Can't find anything that prohibits what I need to do.

If it didn't cost $5 to drive in/out of the parking garage, I'd just have my wife pull in there and go trunk-to-trunk.

 

[Charlie]

It's not illegal.

 

[ChunkyMonkey]

5 dollars was holding you back?

 

[matefrio]

Legal as long as you don't intend to cause alarm.

 

[35Remington]

Legal as long as you don't intend to cause alarm.

Quite the opposite! Made it to the car just fine. Thanks for the help.

/thread

 

[Texan2]

Penal Code....Penile Code is something very different.

 

[Dawico]

Penal Code....Penile Code is something very different.

It is about the same actually. You can't have that out in a threatening manner either.

 

[deemus]

5 dollars was holding you back?

This. All of this cuz you didn't want to
Pay $5? Really?

 

[Vaquero]

It is about the same actually. You can't have that out in a threatening manner either.

CC only. IWB

 

[M. Sage]

Just finished reading the Texas Penile* Code and City of Austin Ordinances. Can't find anything that prohibits what I need to do.

If it didn't cost $5 to drive in/out of the parking garage, I'd just have my wife pull in there and go trunk-to-trunk.

City ordinances don't matter. Texas state law preempts all local ordinances on firearms, and prevents local governments from making their own laws about firearms.

 

[deemus]

Penal Code....Penile Code is something very different.

Perhaps a Freudian slip? This could be some insight into Rem35's lifestyle? You know, "penile code" and then his wife picking him up at a hotel? Where he had a suitcase and a gun?

Makes you wonder...

 

[lalonguecarabine]

Little known fact:
In a nudist colony, a penal code really is a penile code!

(Yeah - I just made that up! )

 

[CZ guy]

It is about the same actually. You can't have that out in a threatening manner either.

Would that be classed as Assault With a Dead Weapon?

Just an observation and comment: If I was possibly going to engage in an activity that could get me thrown into jail, I'd call the police department and ask them, not wait for a bunch of people on a gun forum to answer....with possible bad information. Austin PD is really too busy to track you down off caller ID and give you grief.

Also, I will add that I am reluctant to give legal advise but here is something to consider. A city ordinance in some instances, MAY be the rule to go by. City ordinances relating to Traffic law, as an example, cannot be less restrictive than state law but can be MORE restrictive.

 

[matefrio]

Would that be classed as Assault With a Dead Weapon?

Just an observation and comment: If I was possibly going to engage in an activity that could get me thrown into jail, I'd call the police department and ask them, not wait for a bunch of people on a gun forum to answer....with possible bad information. Austin PD is really too busy to track you down off caller ID and give you grief.

Also, I will add that I am reluctant to give legal advise but here is something to consider. A city ordinance in some instances, MAY be the rule to go by. City ordinances relating to Traffic law, as an example, cannot be less restrictive than state law but can be MORE restrictive.

See post #14 above on city ordinances.

 

[CZ guy]

See post #14 above on city ordinances.

I posted what I did to remind the readers that state law does not ALWAYS trump city ordinances. Take fireworks for instance, what the state says is legal to possess and use can, and often are, made illegal by cities or counties. Also, an ordinance in the city I retired from states:

Any person who shall possess any gun, pistol, firearm of any description, bow and arrow, or any like device in a public park within the city, shall be guilty of a misdemeanor.

I hope when someone here decides to challenge a city ordinance by telling the nice police officer state law comes first, I'm there to video it. I'm positive it'll be on America's Funny Video!

 

[35Remington]

Just an observation and comment: If I was possibly going to engage in an activity that could get me thrown into jail, I'd call the police department and ask them, not wait for a bunch of people on a gun forum to answer....with possible bad information. Austin PD is really too busy to track you down off caller ID and give you grief.

Also, I will add that I am reluctant to give legal advise but here is something to consider. A city ordinance in some instances, MAY be the rule to go by. City ordinances relating to Traffic law, as an example, cannot be less restrictive than state law but can be MORE restrictive.

Experience has taught me that calling the police dept usually results in a lot of this:

Me: "Can I walk from the parking garage to the street with my rifle?"
Dispatcher: "I'm not sure. Let me transfer you to Street Patrol."
Street Patrol: "Probably not. I'll transfer you to Homicide."
Homicide: "Are you downtown? You need to talk to Metro."
Metro: "I don't know. You probably shouldn't do it. Did you talk to Homicide?"

Penal Code....Penile Code is something very different.

Thanks, but I've got a pretty good grasp of the English language. That's what the asterisk was for.