Transporting Firearm to Gunsmith?

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  • duvexy

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    Nov 3, 2008
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    Hello everyone I am new to the forum and I am just curious. I have been reading up on the law in the state of Texas in regards to trying to get my pmk .380 auto to the repair shop and I do not know how I can get my gun to the shop as I do not have a license yet. Any suggestions?
    I don't know how to fix it myself. I am not a gunsmith. Well, the issue is that when I shoot it the cartridge comes out after it is shot. It also needs a general cleaning as well. But, accroding to the law I can't travel with it unless I have a license. At, least that is my understanding.
    Can anyone help me on how to get my gun repaired?
    Thanks
    duvexy
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    Joat

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    Apr 28, 2008
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    Unload it. Put it in a brown paper bag, put the bag with the gun in it inside a red igloo cooler, put the cooler with the gun in the bag into the trunk of your car, then drive it to the gunsmith. DO NOT speed or break any traffic laws while doing so. Carry the gun, cooler and all, into the gun shop and give it to the gunsmith. He'll take it from there.

    Joat

    Seriously, just unload it, put it in a gun rug, and drive to the gunsmith. You need to read the state laws a little closer as you have missed some important points of our state's laws.
     

    Texas1911

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    Unload it. Put it in a brown paper bag, put the bag with the gun in it inside a red igloo cooler, put the cooler with the gun in the bag into the trunk of your car, then drive it to the gunsmith. DO NOT speed or break any traffic laws while doing so. Carry the gun, cooler and all, into the gun shop and give it to the gunsmith. He'll take it from there.




    Seriously, just unload it, put it in a gun rug, and drive to the gunsmith. You need to read the state laws a little closer as you have missed some important points of our state's laws.

    Yep. Just drive it to the gunsmith.
     

    nalioth

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    Yes, please read the laws.

    You do not need a license at all to carry any firearm in any way you desire if you are going to a firearms related destination ( i.e. gun shop, match, range, hunting, etc ). This law has been on the books for decades.

    We're not New York City (thanks be for that).
     

    JKTex

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    There are several very long threads on this subject.

    I can't for the life of me figure out why, but there are.

    If one owns a gun, you ought to know, at least, the fundamental laws in regards to ownership in the state you live in.
     

    JKTex

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    Well, the issue is that when I shoot it the cartridge comes out after it is shot. It also needs a general cleaning as well.

    Please tell me you aren't talking about the spent cartridge?

    Also, if you're not familiar enough with your gun to generally clean it, you ought to get a book or even check Youtube as I'm sure there are many video's on field stripping it. You should know the gun well enough to be able to provide basic maintenance.

    And if you as talking about the spent shell being ejected after being fired, you really need to know how the gun operates before touching it again.
     

    txinvestigator

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    Yes, please read the laws.

    You do not need a license at all to carry any firearm in any way you desire if you are going to a firearms related destination ( i.e. gun shop, match, range, hunting, etc ). This law has been on the books for decades.

    Well................that is not quite what the law reads;

    Texas Penal Code
    Sec. 46.15. NONAPPLICABILITY
    (b) Section 46.02 does not apply to a person who:
    (4) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity;

    I don't know if "going to the gunsmith" would be interpreted as a "sporting activity".

    However, it is a moot point, as Texas Law now does not proscribe the carry of handguns in a vehicle as long as the person does not carry it in plain view, is not a member of a street gang, and is not engaged in criminal ativity (other than traffic violations) at the time.

    Texas Penal Code
    Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

    (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

    (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:(1) the handgun is in plain view; or(2) the person is:(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;(B) prohibited by law from possessing a firearm; or(C) a member of a criminal street gang, as defined by Section 71.01.
     

    smschulz

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    Unload it. Put it in a brown paper bag, put the bag with the gun in it inside a red igloo cooler, put the cooler with the gun in the bag into the trunk of your car, then drive it to the gunsmith. DO NOT speed or break any traffic laws while doing so. Carry the gun, cooler and all, into the gun shop and give it to the gunsmith. He'll take it from there.

    I think you're actually supposed to use a white bag ~ paper or plastic and seal it with blue painters tape then put it inside the red igloo. I believe this is a federal law so official colors are required. State laws also require a six pack of Shiner Bock for the gunsmith.
     

    chevydeerhunter

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    I think you're actually supposed to use a white bag ~ paper or plastic and seal it with blue painters tape then put it inside the red igloo. I believe this is a federal law so official colors are required. State laws also require a six pack of Shiner Bock for the gunsmith.

    That'll be changing soon. Once Obama's in office, you'll be required to put your firearm in a manila evidence bag and seal it with red evidence tape, initial it and log it in. ;)
     

    Renegade

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    Well................that is not quite what the law reads;

    I don't know if "going to the gunsmith" would be interpreted as a "sporting activity".

    Has been, and is long-standing precedent. This is why you can carry to a gun show and be legal:


    [FONT]1905 ~ __Fitzgerald v. State__: The Texas Court of Criminal Appeals ruled that a person who carries a pistol to and from a shop to have it repaired is not in violation of the state law prohibiting the carrying of weapons.
    [/FONT]
     

    JKTex

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    I wish we could have a member vote to close threads.

    I don't think I'd put a lot of stock in 103 year old laws when newer laws are in effect, but although your point is valid, I think the subject has been pretty well covered as to what's legal and not as far as carrying, transporting etc.

    Can we kill this thing and leave it for the archives?
     

    Renegade

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    I wish we could have a member vote to close threads.

    I don't think I'd put a lot of stock in 103 year old laws when newer laws are in effect, but although your point is valid, I think the subject has been pretty well covered as to what's legal and not as far as carrying, transporting etc.

    Can we kill this thing and leave it for the archives?
    Well I do not think it was covered, so I posted. You had your opportunity, and instead of helping the OP understand why he could carry to a gunsmith legally, gave a useless, condescending answer. You are still of course are free to tell us why one can carry a handgun on or about their person when they are NOT engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity.

    I wish we could have a member vote to delete members who are NOT trying to help other members understand Texas Gun Laws, but instead want to shutdown threads.
     

    txinvestigator

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    Has been, and is long-standing precedent. This is why you can carry to a gun show and be legal:


    [FONT]1905 ~ __Fitzgerald v. State__: The Texas Court of Criminal Appeals ruled that a person who carries a pistol to and from a shop to have it repaired is not in violation of the state law prohibiting the carrying of weapons.[/FONT]

    I read the case and could not see to what law he was convicted and overturned. The current UCW law was enacted in 1974. The "Sporting" section was added in 1995, and originally was a defense to prosecution.

    I am not sure a 1905 case law regarding a different law would be applicable to a law established in 1974.

    Also, I am not sure that the "sporting event" exclusion is the "reason" carry to a gunsmith would be legal.
     

    Renegade

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    I read the case and could not see to what law he was convicted and overturned. The current UCW law was enacted in 1974. The "Sporting" section was added in 1995, and originally was a defense to prosecution.

    I am not sure a 1905 case law regarding a different law would be applicable to a law established in 1974.

    Also, I am not sure that the "sporting event" exclusion is the "reason" carry to a gunsmith would be legal.

    He was charged with UCW which has been on the books since the 1870s. The court ruled what he did was not UCW.

    .

    Also, I am not sure that the "sporting event" exclusion is the "reason" carry to a gunsmith would be legal.

    I agree, hence the reason for my post.
     

    JKTex

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    Well I do not think it was covered, so I posted. You had your opportunity, and instead of helping the OP understand why he could carry to a gunsmith legally, gave a useless, condescending answer. You are still of course are free to tell us why one can carry a handgun on or about their person when they are NOT engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity.

    I wish we could have a member vote to delete members who are NOT trying to help other members understand Texas Gun Laws, but instead want to shutdown threads.

    Boy, did Santa bring you a bag of rocks? You really need to relax. If I was taking some kind of poke at you, you'd know it. It was making fun of the fact that this thread is still going after it's been covered to death.

    I'll try to edit quotes better so as not to hurt your feelings so easily.

    Have a drink and enjoy watching yet another year you won't get back, slip away.
     

    txinvestigator

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    He was charged with UCW which has been on the books since the 1870s. The court ruled what he did was not UCW.

    I disagree. The law that case refers to is below;

    Art. 338 — (318). Unlawfully carrying arms, penalty. — If any person in this state shall carry on or about his person, saddle, or in his addle-bags, any pistol, dirk, dagger, slungshot, sword-cane, spear, or knuckles made of any metal or any hard substance, bowie-knife, or any other knife manufactured or sold for purposes of offense or de- fense, he shall be punished by fine of not less than twenty-five nor niore than two hundred dollars, (oisiy imprisonment in the county jail noj. jegg ^Qan ten nor more than thir^v days, or both by such fine and imprisonment ; and during the time of\uch imprisonment such offender may be put to work upon any public woVk in the county in which said offense is committed./ [Amended by AclNlan. 30, 1889.]
    As you can see, that is an entirely different law than we have today.

    Here are the exceptions as they were then;

    Art. 339 — (319). Not applicable when and to whom. — The preceding article shall not apply to a person in actual service as amilitiaman, nor to a peace officer or policeman, or person summoned to his aid, nor to a revenue or other civil officer engaged in the discharge of official duty, nor to the carrying of arms on one's own premises or place of business, nor to persons traveling, nor to one who has reasonable ground for fearing an unlawful attack upon his person, and the danger is so imminent and threatening as not to admit of the arrest of the party about to make such attack, upon legal process. [Act April 12, 1871, p. 25.]
     
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