Can I Carry a Rifle on a City Street?

[hink]

CZ Guy - The statement made above regarding preemption is correct. When it comes to firearms, municipalities are prohibited from enacting laws more stringent than the state law. Read the text for yourself below.

TEX LG. CODE ANN. § 229.001 : Texas Statutes - Section 229.001: FIREARMS; EXPLOSIVES

*NOTE* This preemption applies to firearms and not anything else. An attempt to keep your ladies' undergarments unknotted would be appreciated.

 

[M. Sage]

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!

State law always trumps local law with regards to firearms, except discharge in the city limits. But that's a specific exemption. There may be one or two more, but I do know the law does not allow local government to make its own laws on carry of firearms.

And that would be funny alright. But only after the city loses the lawsuit. Seeing anti-gun towns cut paychecks for the pro-gun lawyers who spanked them is one of the funniest things on the planet.

 

[CZ guy]

LOL, you are exactly right Hink. When I responded to:

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.

....I hoped to prevent a messy situation. People reading here tend to believe everything they see and will not research very far on their own..... and in the past I have been ragged on by several members for expanding on a thought with opinions and not using the exact and specific wording a law contains.... SO, (showing no disrespect to M. Sage) I wanted everyone to know that city ordinances DO matter. The original question was pertaining to carrying a firearm down the sidewalk and there may be some that interpret that as ALL sidewalks, even the ones in city parks.

 

[Bithabus]

LOL, you are exactly right Hink. When I responded to:



....I hoped to prevent a messy situation. People reading here tend to believe everything they see and will not research very far on their own..... and in the past I have been ragged on by several members for expanding on a thought with opinions and not using the exact and specific wording a law contains.... SO, (showing no disrespect to M. Sage) I wanted everyone to know that city ordinances DO matter. The original question was pertaining to carrying a firearm down the sidewalk and there may be some that interpret that as ALL sidewalks, even the ones in city parks.

If you have a CHL the city may not prevent you from carrying firearms in the park by ordinance.

 

[hink]

CZ, please explain why you made the distinction between sidewalks and city park sidewalks. I follow you right up until that point, but I just can't make the connection.

 

[Bithabus]

CZ, please explain why you made the distinction between sidewalks and city park sidewalks. I follow you right up until that point, but I just can't make the connection.

Read the link you posted

 

[M. Sage]

LOL, you are exactly right Hink. When I responded to:



....I hoped to prevent a messy situation. People reading here tend to believe everything they see and will not research very far on their own..... and in the past I have been ragged on by several members for expanding on a thought with opinions and not using the exact and specific wording a law contains.... SO, (showing no disrespect to M. Sage) I wanted everyone to know that city ordinances DO matter. The original question was pertaining to carrying a firearm down the sidewalk and there may be some that interpret that as ALL sidewalks, even the ones in city parks.

Depends. Am I going through the park on my way to a 3 gun match?

(c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.

Subsection (b)(6) is the part that says municipalities can block carry of firearms by people without CHL in a park (and a few other places).

 

[craigntx]

you can open carry a long gun but you might get harrassed.
i was on my motorcycle bringing a dbl bbl shotgun to galvez from houston. had it in a duffel with maybe 12" of barrel sticking out, visible.
i make it all the way to broadway and get stopped FELONY STYLE they make me lean over my bike (after they took the bag from me) and go through my pockets, take my wallet from my back pocket. even make me take my shades off.
some busy body called in on me, for something not even illegal. meantime there's crack dealers everywhere down there pushing that crap.

 

[hink]

Read the link you posted

Got it....I just glazed over the non-CHL part.

 

[35Remington]

you can open carry a long gun but you might get harrassed.
i was on my motorcycle bringing a dbl bbl shotgun to galvez from houston. had it in a duffel with maybe 12" of barrel sticking out, visible.
i make it all the way to broadway and get stopped FELONY STYLE they make me lean over my bike (after they took the bag from me) and go through my pockets, take my wallet from my back pocket. even make me take my shades off.
some busy body called in on me, for something not even illegal. meantime there's crack dealers everywhere down there pushing that crap.

Wow. And then?

 

[Deavis]

Texas state law preempts all local ordinances on firearms, and prevents local governments from making their own laws about firearms.

That may be true but you may still get to enjoy a ride or at least a hassle in some locations. It doesn't make it right, but a little consideration is always a good thing. Some Houston PD officers don't like it when you ride home on your motorcycle with your brand-new AR slung across your back

 

[bertizzie89]

Yes you can legally carry a rifle all you need to have only a licensed rifle.

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????? and its your first post lol

 

[TXDARKHORSE361]

Yes you can legally carry a rifle all you need to have only a licensed rifle.

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will, there's no such thing here in Texas as licensed or unlicensed rifle only people prohibited from firearms ownership period (ie: felons, etc).

 

[bertizzie89]

will, there's no such thing here in Texas as licensed or unlicensed rifle only people prohibited from firearms ownership period (ie: felons, etc).

im curious, is there any way to check a guns serial number to see if its stolen or anything like that? or would calling or going into the pd be the only way?? i probably should post this somewhere else lol

 

[TXDARKHORSE361]

im curious, is there any way to check a guns serial number to see if its stolen or anything like that? or would calling or going into the pd be the only way?? i probably should post this somewhere else lol

I am in no way an authority on this but to the best of my knowledge you can contact the local PD, the gun would have had to have been reported stolen and serial # etc given in the details.

 

[majormadmax]

Yes you can legally carry a rifle all you need to have only a licensed rifle.

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OK, first post and already confused. For one, you don't know Texas laws (probably because you claim you're in New York). If you are a gun safe dealer in Houston (as your signature line advertises, are you a forum supporter by the way?!?), I hope you'd be more cognizant of what the laws of this state are!

As already pointed out, there is no such animal as a "licensed rifle" as there is no firearms registration in Texas.

Secondly, while certain laws may allow it, some cities such as San Antonio have ordinances against carrying a loaded rifle on city streets...

Sec. 21-16. - Carrying loaded rifle or shotgun

It shall be unlawful for any person, other than duly authorized peace officers, to carry a loaded rifle or shotgun on any public street within the city or in a motor vehicle while the same is being operated on any public street within the city.

(Code 1959, § 26-28)

Cross reference— Regulation of firearms and weapons, § 21-151 et seq.

But as pointed out in the past, it violates the state's preemption law.

Still, there are other laws concerning causing alarm that may be a factor if the police are called.

I for one would not openly carry a rifle in public places outside of hunting areas, gun shows, ranges, etc. where it won't cause alarm. If I need to transport a long arm where it will be visible to the general public, I use a case or bag that doesn't make it easily distinguishable as a rifle.

Cheers! M2

 

[Texan2]

im curious, is there any way to check a guns serial number to see if its stolen or anything like that? or would calling or going into the pd be the only way?? i probably should post this somewhere else lol

Many police departments will check it for you.

Sent from my VS840 4G using Tapatalk 2

 

[txinvestigator]

Yes you can legally carry a rifle all you need to have only a licensed rifle.

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Sneaky way to SPAM.

 

[matefrio]

Yes you can legally carry a rifle all you need to have only a licensed rifle.

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[mroper]

Sneaky way to SPAM.

At least he could have gotten the answer right . He just did a disservice for the people he is spamming for.