Legal To Carry A Shotgun Now?...

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Old 11-09-2005, 09:16 PM
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you can carry a loaded or unloaded rifle/shotgun around all you want. As long as it is in a manner to not cause alarm. Doing so results in Disorderly Conduct.
Actually, it goes straight to Deadly Conduct.

You can carry any long rifle or shotgun anywhere you want (unless advertised as prohibited), just don't point it at anyone.
Old 11-09-2005, 09:17 PM
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Originally Posted by BigSteele
when you are going to the shooting range its cool to have the pistol in your car right? I keep it in a bag with my glasses and ear protection and put the bag in the backseat. keep ammo seperate from gun,

this is ok right
That is the best way to keep yourself protected.

It is 100% legal to transport an unloaded weapon in your vehicle. Most of the discussion here is applying to a loaded handgun.
Old 11-09-2005, 09:24 PM
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Originally Posted by alexf20c
Actually, it goes straight to Deadly Conduct.

You can carry any long rifle or shotgun anywhere you want (unless advertised as prohibited), just don't point it at anyone.
It depends on the degree of alarm. If you point a gun at someone, it becomes deadly conduct.

On the other hand, if I were walking down the street with a shotgun, it's legal... If I then cycled the shotgun (still pointing to the air), if it caused alarm to someone, it would be considered disorderly conduct.
Old 11-09-2005, 09:25 PM
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So if you have a CHL and a loaded handgun, where can you go? Can you have it on you anywhere that does not specifically prohibit them?
Old 11-09-2005, 11:56 PM
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For Texas:

Places off-limits while carrying
Date updated: Aug 23, 2005 @ 8:07 pm

Title 10 Chpt. 46 § 46.03[list][*]A place of business that derives 51% or more of its income from the sale or service of alcoholic beverages for on premises consumption [*]On premises of a correctional facility [*]On the physical premises of a school, an educational institution, or a passenger transportation vehicle of a school or an educational institution, whether the school or educational institution is public or private, [*]On the premises where a high school, collegiate or professional sporting event of interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event [*]On the premises of a polling place on the day of an election or while early voting is in progress. [*]racetrack; secured area of an airport [*]In any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court. [*]*on the premises of a church, synagogue, or other established place of religious worship. [*]*On the premises of a Hospital licensed under the Health and Safety Code [*]*On the premises of a nursing home licensed under the Health and Safety Code [*]*Amusement parks. Amusement Parks means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
Public or private premises conspicuously posted with this sign do [*]Items above marked * Do not apply if the actor was not given effective notice under Section 30.06.

30.06(e)

It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

In order to provide notice that entry on property by a license holder with a concealed handgun is forbidden, Penal Code Section 30.06(c)(3)(A) requires that a written communication contain the following Language: 30.06 Sign.
Old 11-10-2005, 01:00 AM
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Good info Xaon, thanks.
Old 11-10-2005, 07:15 AM
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Originally Posted by xaon
It depends on the degree of alarm. If you point a gun at someone, it becomes deadly conduct.

On the other hand, if I were walking down the street with a shotgun, it's legal... If I then cycled the shotgun (still pointing to the air), if it caused alarm to someone, it would be considered disorderly conduct.

Oh, thanks for the clarification. For the record, I don't know anyone that would not be alarmed by someone pointing a shotgun at the sky and pumping it.
Old 11-10-2005, 09:07 AM
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just feel lucky that you guys dont live in The People's Rebublik of Massachusetts, where you need a permit to even LOOK AT a firearm in a store. you need to have the permit to purchase or transport, and its a totally different level of permit to carry concealed (which they are NOT obligated to issue any of these to you, even if you meet all the requirements)...

there is also no such concept of 'defense of property', and you have to satisfy a list of 4 criteria before you have the legal right to use deadly force (the attacker has to have the means the kill you, the motive to kill you, your life must be in immediate danger, and you must have no ability to retreat). so a person breaking into your home that is unarmed and is only going to break every bone in your body and/or rape you before robbing you, does not give you sufficient reason to use lethal force because your life is not in immediate danger... if you were to defend yourself in this situation, YOU will go to jail and the criminal/criminal's family can sue you and will win.

wheras in texas, you have the right to use lethal force against someone that is 'committing criminal micheif against your property during the nighttime' (read: keying your car or spraypainting some dirty words on your driveway).

now if THAT doesnt work towards preventing crime, i dunno what else can
Old 11-10-2005, 12:47 PM
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pulling the trigger is considered 'deadly force' and can only be used if your life is threatened.
incorrect.

So if you have a CHL and a loaded handgun, where can you go? Can you have it on you anywhere that does not specifically prohibit them?
this was mostly answered in a previos post abotu the 30.06 and the 51%.
i just wanted to add that you see alot of buisnesses and other places that have "no weapons" or "no gun allowed" type signs. they dont mean anything, you can take a gun in. you can take a gun in a liqor store and a bank too.


question for yall....
i had an interesting situation happen. i was going to a public library, i went in the doors (didnt see 30.06) and they had metal detectors. i went and put my gun up, then went back inside. i asked the librarian if i could carry in there, she didnt know.
i guess it woulda gotten a little interesting if i had walked in and it went off and they asked what it was and i said a gun.
if it is a place that you cant carry the only thing i could think that it could mabyyyy fall under would be educational institution... and thats kinda iffy, but i cant think of anything else.

im pretty sure there were no court offices in the same building.


brook
Old 11-10-2005, 04:27 PM
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Originally Posted by aggiez28
incorrect.
so what is correct then?
Old 11-10-2005, 06:01 PM
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Maybe he means that you can actually use deadly force in a broader range of situations. Not only if your life is in danger, but if you are in danger of grevious bodily injury,someone else's life is in danger, to prevent a kidnapping, to prevent or stop a rape, to prevent property loss(if you believe there is no other way of recovering it), to prevent commission of a felony etc etc etc.

Theres a lot of things you could use deadly for for in texas, but considering how much its going to cost you in legal bills, I would stick to protecting myself from harm, call the cops for the rest.

btw-for you people who are interested in learning the laws- go to http://www.packing.org for laws pertaining to concealed carry.

Last edited by SJRTX; 11-10-2005 at 06:09 PM.




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