Open Carry of Long Guns

Throat Punch

New Member
Jan 20, 2013
14
1
Waxahachie, TX
What do you all think about the open carry of long guns? If many of us across Texas/US began to carry rifles & shotguns openly, it may bring some attention to the 2A fight while getting those who are neutral or against 2A rights to see normal everyday people who support gun rights. I would caution anyone carrying to use discretion when choosing where they are going to carry and to remember those who oppose us will likely try to bait us into a yelling match. Does anyone know specifics regarding the carry of long guns in Texas? As I understand, it is legal to carry a rifle of shotgun on your person in public. I am interested to hear opinions on this. Thanks.

T.P.
 

Shooter McGavin

Active Member
Jul 26, 2012
857
36
Free Texas
Use the search tool on here, I believe there was a thread covering this in detail not to very long ago with lots of helpful information. It's my understanding you're allowed to do so as long as it's not being carried/brandished in a threatening manner in which causes a scare. Good luck on that, with all the firearm related issues being spun by the lame stream media currently the average citizen is already on edge.
 

majormadmax

Úlfhéðnar
Aug 27, 2009
13,527
113
San Antonio!
Correct, although some cities like San Antonio have local ordinances against the carrying of long arms on public streets.

I think it would cause more harm than good, despite not being a threat there are still folks who would panic at the sight of a rifle and call the police.

God only knows how the liberal media would spin it, don't expect objective and truthful reporting of the event; more likely it would be seen as fodder for stricter gun control.

I think you'd be smarter to geta t-shirt made that shows your position on such matters...
 

recoveringyankee

Active Member
Aug 14, 2012
488
16
Jollyville, TX
TXI, that is a wildly grey area. I always figured the "manner caluculated to alarm" would be things like: waving it around, point it at people, acting aggressive while holding it horizontal, etc.... I figure just its existence in Austin would cause alarm.

Do you have any examples or people who were found in violation and not in violation of 42.01


thanks

PS: Not planning to become the test case, just curious.
 

F350-6

TGT Addict
Lifetime Member
May 25, 2009
4,041
113
TXI, that is a wildly grey area. I always figured the "manner caluculated to alarm" would be things like: waving it around, point it at people, acting aggressive while holding it horizontal, etc.... I figure just its existence in Austin would cause alarm.

Do you have any examples or people who were found in violation and not in violation of 42.01


thanks

PS: Not planning to become the test case, just curious.
So it's a gray area. What does not alarm you, may scare the poop out of someone else. While you may legally be justified in carrying a rifle, the responding officer is going to let the judge decide that matter. You might win, but not until you've gone for a nice little ride and spent some enjoyable time sitting in a cozy room with others who also proclaim their innocence.

And I don't think a test case would be of much use anyway. The ruling would likely be on a case by case basis determined by the perceived alarm you caused and the skill of your lawyer / lack of skill of the prosecutor.
 

jordanmills

TGT Addict
Sep 29, 2009
4,495
113
Pearland, TX
So it's a gray area. What does not alarm you, may scare the poop out of someone else. While you may legally be justified in carrying a rifle, the responding officer is going to let the judge decide that matter. You might win, but not until you've gone for a nice little ride and spent some enjoyable time sitting in a cozy room with others who also proclaim their innocence.

And I don't think a test case would be of much use anyway. The ruling would likely be on a case by case basis determined by the perceived alarm you caused and the skill of your lawyer / lack of skill of the prosecutor.
It doesn't matter if the prosecution can prove that someone else was alarmed. They have to prove that you calculated to alarm. It's not just that someone else got scared of the big black gun.
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
So it's a gray area. What does not alarm you, may scare the poop out of someone else.
Under the law as written, someone being scared does not give rise to probable cause to arrest. An officer must have PC that you calculated to alarm. That does give way to discretion. ;)


While you may legally be justified in carrying a rifle, the responding officer is going to let the judge decide that matter. You might win, but not until you've gone for a nice little ride and spent some enjoyable time sitting in a cozy room with others who also proclaim their innocence.
Letting the judge decide is not PC to arrest. Beyond reasonable doubt is required for conviction, Probable Cause, a considerably lower standard (but still a standard) is required for arrest.
And I don't think a test case would be of much use anyway. The ruling would likely be on a case by case basis determined by the perceived alarm you caused and the skill of your lawyer / lack of skill of the prosecutor.
Again, causing alarm, perceived or otherwise, is not the proscribed act.l
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
It doesn't matter if the prosecution can prove that someone else was alarmed. They have to prove that you calculated to alarm. It's not just that someone else got scared of the big black gun.
Damn, beat me to it. lol
 

Sponsors

Greeneye Tactical
Texas Gun Forum Ad
silencers
third coast
Ranier
Tyrant Designs
DK Firearms

Forum statistics

Threads
95,399
Messages
2,119,088
Members
30,389
Latest member
mguido1226
Top Bottom