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Open Carry of Long Guns

Discussion in 'Politics' started by Throat Punch, Jan 21, 2013.

  1. Throat Punch

    Throat Punch New Member

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    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.
     


  2. Shooter McGavin

    Shooter McGavin Active Member

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    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.
     
  3. majormadmax

    majormadmax TGT Addict

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    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...
     
  4. txinvestigator

    txinvestigator TGT Addict

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    In is unlawful (penal code 42.01) to display a firearm in a public place in a manner caluculated to alarm.

    Use caution, indeed.
     
  5. JimThorn

    JimThorn Member

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  6. recoveringyankee

    recoveringyankee Active Member

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    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.
     
  7. F350-6

    F350-6 TGT Addict

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    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.
     
  8. jordanmills

    jordanmills Well-Known

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    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.
     
  9. txinvestigator

    txinvestigator TGT Addict

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    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. ;)


    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.
    Again, causing alarm, perceived or otherwise, is not the proscribed act.l
     
  10. txinvestigator

    txinvestigator TGT Addict

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    Damn, beat me to it. lol
     


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