KXAN: "The business of gun control" on now

[NeckBeard]

They're blaming the economic drop in newtown on the lack of gun control.

Perry says something about Texas loving freedom. Then legalize open carry and lose all these stupid regulations.

They're focusing on the TX legislature and all. I guess it's a good primer for a n00b like me.

I'm loving my recent move to TX, but i miss the 'gun laws' where I used to live.

 

[grumper]

You can legally open carry a fully automatic M16 with a loaded Beta C-Mag and a round in the chamber here as long as it's not in a manner intended to cause alarm. Can you do that where you used to live?

The laws here aren't that bad: shall issue CHL, no permit needed for handguns in your vehicle, can't be fired from your job for a firearm locked in your vehicle, no restrictions on carrying long guns as long as you don't brandish, no gun/ammo purchase license, no registration, no AWB, and NFA devices of all types are ok for private ownership.

Things like no switchblades, collapsible batons, or open carry of handguns in public are fairly minor compared to what you can do. They bring up bills to relax restrictions on those things all the time too, but due to the state legislature's schedule (they meet for just 140 days every 2 years) it isn't a high priority to spend time on open carry since they figure you can just untuck your shirt and cover your handgun while you are out and about.

 

[Anger]

Kxan is an austin msnbc outfit. It don't get anymore left koo koo than that. Don't waste your time unless you're trying to figure out how your enemies are moving against you.

 

[TheDan]

You can legally open carry a fully automatic M16 with a loaded Beta C-Mag and a round in the chamber here as long as it's not in a manner intended to cause alarm.

Negative... You'd be arrested and have to preset your NFA stamp to avoid conviction.

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;

(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device;
(9) a zip gun; or
(10) a tire deflation device.

(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.

 

[Bithabus]

Negative... You might be arrested and have to preset your NFA stamp to avoid conviction.

fify

 

[Greg_TX]

You can legally open carry a fully automatic M16 with a loaded Beta C-Mag and a round in the chamber here as long as it's not in a manner intended to cause alarm.

There's a bit of a conundrum though; how do you openly carry a rifle of any kind these days without causing alarm? I don't mean "assault rifles" specifically - in today's world of scared sheep, even carrying a Daisy BB gun with daisies and a Hello Kitty painted on it would freak people out. You wouldn't be intending to cause alarm as the law says, but with all the ninnies that wet their pants at the sight of a gun you can pretty much count on having a conversation with the law right quick.

 

[NeckBeard]

There's a bit of a conundrum though; how do you openly carry a rifle of any kind these days without causing alarm? I don't mean "assault rifles" specifically - in today's world of scared sheep, even carrying a Daisy BB gun with daisies and a Hello Kitty painted on it would freak people out. You wouldn't be intending to cause alarm as the law says, but with all the ninnies that wet their pants at the sight of a gun you can pretty much count on having a conversation with the law right quick.

you'd have cops on you like a fat girl on a box of lil debbie oatmeal cream cookies.

all it takes is one call from a moron to the cops "there's a guy walking around with a machine gun".

while it may be ok via the law, we live in a nation of pussies, cowards and political correctness.

 

[grumper]

Negative... You'd be arrested and have to preset your NFA stamp to avoid conviction.

So you can not be prosecuted or sentenced under that statute if you show the officer, ATF agent, or judge your stamped, signed and approved NFA form correct? Sounds suspiciously like lawful behavior...

You might also notice the NFA registration carries just as much weight as being a SWAT officer or being an active duty member of the military under that same statute. Better get started arresting all those privates at Fort Hood.
Since b) and c) are both defenses against prosecution, it's just as (il)legal for a cop or US Army soldier to carry their govt issued weapon as a private citizen with a lawfully owned MG.

As for carrying without causing alarm-> slung or held pointed down, hands away from the trigger usually works. People do that all the time in broad daylight in downtown Houston to get inside the GRB convention center whenever there is a gun show. Not to mention the recent political protests/rallies too.

 

[leVieux]

Soem recent history

fify

For youngsters and "new" Texans: About 20 years ago, there was a US Military veteran who would carry an AR slung over his back, while walking along Austin's main streets. He played a game with the local police. This was on the TV "News" for quite a while. The police would stop him and harass him. He had several loaded magazines, but I don't recall him ever loading the rifle. At first, the cops would handcuff him and take him to the cop-shop. Every time, they had to give him his AR back and let him go. After playing this game for a while, they gave up and just started waving to the guy. He never actually broke any law, threatened anyone, or took the rifle off of his back. When interviewed several times on TV, he just said that he was doing this to prove a point and exercise his civil rights. After quite a while, even the TV stations started to ignore him, so he quit.

 

[stdreb27]

To bad he quit. He just normalized it.

 

[M1Garand]

He should've kept doing it! Then we could all be open carrying our long guns without getting the cops called on us/people being pussies.

 

[TheDan]

So you can not be prosecuted or sentenced under that statute if you show the officer, ATF agent, or judge your stamped, signed and approved NFA form correct? Sounds suspiciously like lawful behavior...

You can show it to the officer making contact, but it's up to his discretion on whether or not he will arrest you. It's illegal, an arrestable offense, and you have to prove you're not prosecutable (which is opposite from how it's supposed to work). Possessing NFA items is effectively legal, but not really. There are other states that have no law against it at all.