Lynx Defense

Can i carry a shotgun in my car even though its in my dads name?

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  • craigntx

    Masta Copypasta
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    Am I allowed to carry a shotgun in my car or truck if it is in my dads name? Also if I can is it legal to have it in a gun rack?
    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. FTP
    Hurley's Gold
     

    txinvestigator

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    Wait, so with a CHL I am not allowed in the parking lot of the post office?

    Sent from my PC36100 using Tapatalk 2

    Correct. Under the Code of Federal Regulations possession of a firearm on postal PROPERTY is a violation.

    TITLE 39 - POSTAL SERVICE

    CHAPTER I - UNITED STATES POSTAL SERVICE

    SUBCHAPTER D - ORGANIZATION AND ADMINISTRATION

    PART 232 - CONDUCT ON POSTAL PROPERTY

    232.1 - Conduct on postal property.

    (a) Applicability. This section applies to all real property under the charge and control of the Postal Service, to all tenant agencies, and to all persons entering in or on such property. This section shall be posted and kept posted at a conspicuous place on all such property. This section shall not apply to (i) Any portions of real property, owned or leased by the Postal Service, that are leased or subleased by the Postal Service to private tenants for their exclusive use; (ii) With respect to sections 232.1(h)(1) and 232.1(o), sidewalks along the street frontage of postal property falling within the property lines of the Postal Service that are not physically distinguishable from adjacent municipal or other public sidewalks, and any paved areas adjacent to such sidewalks that are not physically distinguishable from such sidewalks.

    (l) Weapons and explosives. No person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.

    (2) Whoever shall be found guilty of violating the rules and regulations in this section while on property under the charge and control of the Postal Service is subject to fine of not more than $50 or imprisonment of not more than 30 days, or both. Nothing contained in these rules and regulations shall be construed to abrogate any other Federal laws or regulations of any State and local laws and regulations applicable to any area in which the property is situated.
     

    Renegade

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    COE properties are off limits NOT beacause they are federal property, but because the COE regulations specifically make them off limits.

    Yes, but it, along with Postal property, COE are examples of Federal Property you cannot carry on. Hence the whole reason for my post. One cannot just read USC930 and think they are GTG on any Federal Property. There are lots of exceptions. Indian Reservations are another one. Though I do not know if there are any in Texas, and not sure what rules they have. But from what I have heard in OK, you can get your gun confiscated even if you never get charged.

    So I think we have established for the OP that throwing a gun in a rack and thinking you are GTG anywhere in Texas is not true. There are many places one cannot do this and needs to be aware of it.
     

    smtimelevi

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    No, he's correct. Unless you have a license to carry or are an on duty police officer, knowingly going within 1000 feet of a school with a gun that's not unloaded and locked is a federal felony.

    The law is unenforceable and unenforced, for what little that's worth.

    Somewhat, it's not an end all be all. There's almost nowhere in any major metro area in Texas where a school isnt 1000' away.
    There are others exceptions, that's why I posted the link. Don't want some body to stop carrying in their vehicle because of that law.
     

    Renegade

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    Somewhat, it's not an end all be all. There's almost nowhere in any major metro area in Texas where a school isnt 1000' away.
    There are others exceptions, that's why I posted the link. Don't want some body to stop carrying in their vehicle because of that law.

    It is a phucked up law and there is a bill to repeal right now, but it is getting little traction. I too "Don't want some body to stop carrying in their vehicle because of that law", but I also do not want to see someone convicted of a felony either. There are easy ways to carry in car and meet the letter of the law, I suggest using one.
     

    M. Sage

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    And tomorrow there will be a firearms checkpoint on my street right in front of my house. :D

    Sent from my PC36100 using Tapatalk

    Checkpoints are illegal in Texas, except for Federal crap like the BP checkpoints, and those are pretty much limited to "near" the border.
     

    Acera

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    I just don't know how the school zone law has stood up to court challenges.

    Think about a state where there is no CHL, like Illinois, or hard to get like NY, Cali, etc. Do you really think all those police officers that don't have state issued CHLs disarm when they are off duty and traveling back and forth to work in uniform? Many of the LEOs I talk to find in inconceivable that they are committing a federal felony when they pick up their kids at school on the way home from work, and will argue about it until they read the text of the law. Then they are usually WTF?? Good friend who wears a badge from the county commits at least 8 each work day according to this law. So we have hundreds of thousands (maybe more) of felonies being committed each day by the very folks that are supposed to be our enforcing laws, LOL.

    It's a stupid law unfortunately they can sell to a lot of sheep in this country as a good thing that is totally impractical.

    Just one they can use to pile on charges if you step out of line.
     

    M. Sage

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    I just don't know how the school zone law has stood up to court challenges.

    Think about a state where there is no CHL, like Illinois, or hard to get like NY, Cali, etc. Do you really think all those police officers that don't have state issued CHLs disarm when they are off duty and traveling back and forth to work in uniform? Many of the LEOs I talk to find in inconceivable that they are committing a federal felony when they pick up their kids at school on the way home from work, and will argue about it until they read the text of the law. Then they are usually WTF?? Good friend who wears a badge from the county commits at least 8 each work day according to this law. So we have hundreds of thousands (maybe more) of felonies being committed each day by the very folks that are supposed to be our enforcing laws, LOL.

    It's a stupid law unfortunately they can sell to a lot of sheep in this country as a good thing that is totally impractical.

    Just one they can use to pile on charges if you step out of line.

    Has it been challenged in court? One thing I've also never heard of is it being enforced. Not very sure how that would work, since I don't think any local PDs are able to enforce it, and federal cops can't enforce traffic stuff...

    Police are also violating it while still in uniform. The specific exemption for LEO is "by a law enforcement officer acting in his or her official capacity". Going to get lunch? Not acting in your official capacity.
     

    Renegade

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    I just don't know how the school zone law has stood up to court challenges.

    Think about a state where there is no CHL, like Illinois, or hard to get like NY, Cali, etc. Do you really think all those police officers that don't have state issued CHLs disarm when they are off duty and traveling back and forth to work in uniform? Many of the LEOs I talk to find in inconceivable that they are committing a federal felony when they pick up their kids at school on the way home from work, and will argue about it until they read the text of the law. Then they are usually WTF?? Good friend who wears a badge from the county commits at least 8 each work day according to this law. So we have hundreds of thousands (maybe more) of felonies being committed each day by the very folks that are supposed to be our enforcing laws, LOL.

    It's a stupid law unfortunately they can sell to a lot of sheep in this country as a good thing that is totally impractical.

    Just one they can use to pile on charges if you step out of line.

    Three Felonies a Day and all that.

    BATFE has also ruled out of state CHL as well as LEOUSA is NOT exempt.
     

    Renegade

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    Has it been challenged in court? One thing I've also never heard of is it being enforced. Not very sure how that would work, since I don't think any local PDs are able to enforce it, and federal cops can't enforce traffic stuff...

    As most know, the first version was overturned. The second version has been upheld several times. There are hundreds of convictions. Most are "add-ons", such as a drug dealer doing a deal and it happens to be on school property or across the street so that add it on. There have been some cases of other wise law-abiding folks target shooting a school property.

    The real problem for most honest folks is if for some innocuous reason they pull into school property (such as to fix a flat) and getting arrested by the "school resource officer".
     

    A.Texas.Yankee

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    Correct. Under the Code of Federal Regulations possession of a firearm on postal PROPERTY is a violation.

    I never thought of looking at Federal Law for my state CHL. Good to know and now leads to a follow up question: My Wal - Mart has a satellite USPS in it; does that mean I cannot carry on the property or parking lot?

    Country infringement on my Constitution! Can we please abolish this government per the Constitution???
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    Whiskey_Rocka_Rolla

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    You have a state issued license for the handgun so that does not violate the school zone law. Shotgun does unless it is unloaded and locked away.

    Well it is locked away, in the trunk. I guess I needa take my 7 buckshots out of the magazine tube. But wow, what a confusing law. I just read someone else's post saying "if you knowingly go within 1000 feet of a school with a gun that is not unloaded, your in violation". So the exit to my apartment complex comes within 1000 feet of a school. I'm supposed to unload my gun every time I leave, then pull over in the Target parking lot and pop the mag back in and re chamber my round? I realize you said my CHL exempts me from the handgun violation, but from what others have written, there are a few contradictions in this thread. I'm gonna ask the guys at the range next time I go for some clarification.
     

    lalonguecarabine

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    What makes you think a bunch of gun store guys will know the law where you have local, state and federal LEO's on here telling you what it means????

    Because he's never met any of us. We're all just nameless faces behind a computer screen. Anyone could be on here saying they're something that they are not.
    You and I know who to generally listen to, and who to ignore. Because we've been on here for a while.
    He on the other hand, just joined the site in March of this year, and hasn't posted too-too much.

    He wants someone in person that he probably regularly deals with and trusts. Doesn't seem too unreasonable.
     

    smtimelevi

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    Because he's never met any of us. We're all just nameless faces behind a computer screen. Anyone could be on here saying they're something that they are not.
    You and I know who to generally listen to, and who to ignore. Because we've been on here for a while.
    He on the other hand, just joined the site in March of this year, and hasn't posted too-too much.

    He wants someone in person that he probably regularly deals with and trusts. Doesn't seem too unreasonable.

    Trouble is many cops dont know the exact wording of the laws and whats enforcable or not. If it seem strange to theyre going to hassle you. Kinda like the thing with long guns.
     
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