Legal To Carry A Shotgun Now?...

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Old 11-09-2005, 11:19 AM
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Default Legal To Carry A Shotgun Now?...

A friend the other informed me that in TX its legal for you to carry and unloaded shotgun in your car as long as its in plain view and not hidden. W/O any type of permit or special license. When you get pulled over it should be in plain view of a police officer.
Old 11-09-2005, 11:32 AM
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i believe you can have it hidden if ya want.
i know more on the pistol laws than the rifle or shotgun ones

brook
Old 11-09-2005, 11:35 AM
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this is correct my friend.
Old 11-09-2005, 11:38 AM
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It's been that way for a long time but i still wouldn't recommend it, they will still give you **** about it.
Old 11-09-2005, 11:43 AM
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My government teach said it was legal to walk down the street with a shotgun on your should....just wouldnt recomend it. Its one of thoes laws in the TX constitution from back in the day that never got changed.
Old 11-09-2005, 11:45 AM
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Hell, you can carry a shotgun in a bank, etc. and it's ok. Wise to do, perhaps not. But still legal. They've been legal for a long time to carry.
Old 11-09-2005, 11:48 AM
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Originally Posted by aggiez28
i believe you can have it hidden if ya want.
i know more on the pistol laws than the rifle or shotgun ones

brook
whats the stats on pistols or hand guns?
Old 11-09-2005, 11:50 AM
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hmmm, you learn something new everyday. I had no clue it was perfectly legal to carry a shotty with you.
Old 11-09-2005, 11:58 AM
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Handguns were legal before if you were "traveling". Now, you are "presumed" to be traveling unless the officer can prove you're not. Such as: You travel across the state, you don't travel from your house to the grocery store.
Old 11-09-2005, 12:41 PM
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Now, what about the laws against flashing a gun at someone? Sounds like it may be a foggy area in the laws where it is legal to have, but illegal in relation to another law possibly. I have known about the rifle or shotgun law being in plain view, but you hear about people going to jail for just showing a gun now.
Old 11-09-2005, 12:55 PM
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hmmm so its legal for the shotty to be in plain view, but then you go to jail for showing it?
Old 11-09-2005, 01:05 PM
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Originally Posted by CAMAROWITHBASS
hmmm so its legal for the shotty to be in plain view, but then you go to jail for showing it?
I'm not saying that is the case, since I don't know the laws, but I've heard fo people going to jail for showing a gun during an arguement and stuff like that. I have no clue what the laws actually state. That post was more of an inquizative post than anything else.
Old 11-09-2005, 01:28 PM
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It is legal in Texas to carry a Shotgun but do not alter the barrel length or else it will be considered a short barrell firearm which is a prohibited weapon which is a class 'A' misd. Short barrel firearm means a rifle with a barrel length of less than 16in or a shotgun with a barrell length of less than 18in, or any weapon made from a shotgun or rifle if, as altered it has an overall length of less than 26 in. It is perfectly legal to have a shotgun in plain view but if you use it in a manner to calculate alarm then you can be charged with disorderly conduct or worse aggravated assault with a weapon NOW being in possesion of a handgun without a concealed handgun license is agasint the law and you can be charged with unlawfully carrying weapon. YOU can be in possesion of a handgun if your in the lawful duties of employment which require you to have a handgun and you must be in uniform and the weapon in plain view. hope this helps
Old 11-09-2005, 01:46 PM
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Originally Posted by bdubb
Now, what about the laws against flashing a gun at someone? Sounds like it may be a foggy area in the laws where it is legal to have, but illegal in relation to another law possibly. I have known about the rifle or shotgun law being in plain view, but you hear about people going to jail for just showing a gun now.
flashing a handgun at someone is assault, unless you are being threatened. but you can only use equal force that is being threatened against you. pulling the trigger is considered 'deadly force' and can only be used if your life is threatened. the impression i got from my CHL class, is that 'flashing' a gun is considered 'force', and could legally be used to stop a situation... but be advised that you could unnecessarily escalate the situation.

TX gun laws are considerably more vague and open ended than MA laws... so you have to choose your actions wisely when in a hostile situation... but if you feel your life is in danger, you are better off being tried by 12 than carried by 6.
Old 11-09-2005, 02:31 PM
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Originally Posted by ls12000
NOW being in possesion of a handgun without a concealed handgun license is agasint the law and you can be charged with unlawfully carrying weapon. YOU can be in possesion of a handgun if your in the lawful duties of employment which require you to have a handgun and you must be in uniform and the weapon in plain view. hope this helps
Pre-Sept. 1 2005, this was true about UCW. However, that is not the law today. You can be charged with UCW if the offier has reason to believe that you are not traveling. He has to be able to prove it in court. There are only a small group of people who can't carry handguns in Tx legally now, such as felons and members of street gangs. Your best bet is to get a CHL and not have to worry about it though. If you don't have it, you can still get arrested and go to jail.

An off-duty officer does not have to be in uniform to carry a handgun. Also, it doesn't have to be in plain view.
Old 11-09-2005, 03:34 PM
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my hillbilly friend has been driving his truck with a gun rack and several shotguns in the back window for a long time

nice words slayer, master p said it in a song too "Id rather be judged by 12 than carried by 6"
Old 11-09-2005, 07:12 PM
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On the pistol subject. "Traveling" used to be a defense to your prosecution. It is now a "presumption" of traveling unless proven otherwise in "court". YOU ARE STILL GOING TO GET ARRESTED AND CHARGED WITH A FELONY (UCW - State Jail Felony). You will have to get an attorney and fight it in court. If you don't believe me call and ask your local law enforcement agency. Even if you win, it will cost you about $5000. Get your CHL.
Old 11-09-2005, 07:58 PM
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If you want to take the chance of carrying a pistol, just be prepared to suffer the consequences if you are caught. IMO it's not worth the risk. Get a CHL and be done with it.
Old 11-09-2005, 09:11 PM
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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
Old 11-09-2005, 09:14 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.

Originally Posted by ls12000
YOU can be in possesion of a handgun if your in the lawful duties of employment which require you to have a handgun and you must be in uniform and the weapon in plain view. hope this helps
This is only true while you are on premises. (ie. you work security for a warehouse, you can carry inside the warehouse legally, but if you got into your vehicle and drove down the public road to another warehouse still carrying, you are committing a class-a misdemeanor for Unlawful Carry of a Weapon)

In order to legally open-carry outside of the immediate premises you must hold a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies. There's more definition to it in PC 46.15.

If planning to carry a gun, it is really recommended to do your research on the laws. If you want to carry a loaded handgun without worry, then get your CHL. Total inital cost is less than $300 and is good for 4 years. Even less for renewals (which are good for 5 years) The proficiency and written exams are NOT difficult at all.



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