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JALLEN

I appreciate your participation in it. I learn a lot from these things.

It seems to me that the law doesn't distinguish between "open" carry and "visible" in a car, other than handguns under the Motorist Protection Act which requires hidden from view, and the CHL laws, of course.

I'm still somewhat concerned that police are being briefed about these gang members with shotguns, but not briefed adequately, or similarly, about ordinary citizens who might carry in the same way, both equally lawful, it seems.

JALLEN

E.Marquez wrote: I was not tracking the common, or or even infrequent arrest of a citizen in Texas for the charge of carrying a loaded long gun in the vehicle.
If you would, can you cite a case? I'd love to read up on it.

Respectfully

Haven't there been a couple reported here on the Forum in the last year or so? I recall one, the fellow on a Boy Scout hike with his kid and AR type.

"in the vehicle" is probably legally irrelevant.

JALLEN

E.Marquez wrote:
JALLEN wrote: Assuming the shotgun is unloaded, I suppose.
Where do you derive the need for it to be unloaded?
Best I can tell, there is no law that regulates the carrying of a long gun in Texas.

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

Then why are folks arrested for it?

It seems this gang is getting a "King's X!"

JALLEN

E.Marquez wrote:
JALLEN wrote:
E.Marquez wrote: Of note.. there is a Texas gang, fairly active in my area, that is known for keeping a shotgun on the back seat, openly displayed. The PD's know this and understand that upon contacting these gang members, they WILL SEE a shotgun in the car, legally carried in such a manner. ....When I was briefed on all that, it never occurred to me the logistics of those gang members moving from place of roost to place of gathering... without running afoul of the no guns School zone laws
So are you saying that Texas LEO's observe this criminal activity and refuse to enforce the laws they enforce on the rest of us, out of fear?
No sir.. not at all what I said...

IN Texas, we have a known gang, whose members know the law as it relates to a long gun inside a vehicle.. They openly carry (store) the gun in plain view on the back seat.

This in itself is perfectly legal.
Only when you bring in other variables (school zone, convicted felon, ect) does this action become illegal.
I'm told, they are pretty disciplined, officers do not find those displaying the long gun to be otherwise doing anything illegal (drugs in the car, felon in possession, warrants, convicted of family violence, ect)

The school zone thing has be wondering though... .. I don't know where every school in Central Texas is at, nor where the invisible 1000ft line is.
I doubt I could without serious recon and research move about Central Texas from home to the clubs / bar / pool halls / gathering areas common to gangs without running afoul of the law.

As does 41.02 (a) (8).... a LEO could, easily decide, that gun on the back seat was being displayed in a manner calculated to cause alarm. A DA or judge might disagree..... but it could be articulated i suppose to be a reasonable claim.

Assuming the shotgun is unloaded, I suppose. But other citizens are stopped and sometimes arrested for open carrying which, of course, some of us think is somewhat uncalled for. I grew up in the day when lever guns especially hung from every rifle rack in every pick up truck, but like dinosaurs, you hardly ever see one anymore, even here in the hill country.

It causes one to wonder whether the sauce for the goose is different than the sauce for the gander, and evokes at least the suspicion that the police would rather not exercise their discretion when it would lead to big trouble.

JALLEN

E.Marquez wrote: Of note.. there is a Texas gang, fairly active in my area, that is known for keeping a shotgun on the back seat, openly displayed. The PD's know this and understand that upon contacting these gang members, they WILL SEE a shotgun in the car, legally carried in such a manner. ....When I was briefed on all that, it never occurred to me the logistics of those gang members moving from place of roost to place of gathering... without running afoul of the no guns School zone laws

So are you saying that Texas LEO's observe this criminal activity and refuse to enforce the laws they enforce on the rest of us, out of fear?

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