Can't carry in a bar, but can bring a long gun??

[rider]

http://www.txchia.org/txcarry.htm" onclick="window.open(this.href);return false;

Got bored and came across this. Last update in '07. Valid?

[srothstein]

Without a detailed comparison of the laws to the chart, it looks valid to me. 46.02 does not apply to long guns, so the basic rule of unlawfully carrying does not apply to them. 46.03 with its list of specific places forbidden does apply.

Technically, the part about it being a misdemeanor to carry a long gun after oral 30.06 warning is misleading. You would be charged with 30.05, not 30.06. 30.06 only applies to carrying under the authority of the CHL, so it cannot apply to a long gun.

[Ace_Inthe_O]

Could you be charged with disturbing the peace?

[Pinkycatcher]

Could you be charged with disturbing the peace?

Only if you do something stupid with it, merely carrying a weapon, or the mere sight of a weapon is not illegal

[Ace_Inthe_O]

Could you be charged with disturbing the peace?

Only if you do something stupid with it, merely carrying a weapon, or the mere sight of a weapon is not illegal

But there's a good chance you would still get arrested?

[Pinkycatcher]

Could you be charged with disturbing the peace?

Only if you do something stupid with it, merely carrying a weapon, or the mere sight of a weapon is not illegal

But there's a good chance you would still get arrested?

not in texas

[srothstein]

Well, there is an interesting couple of points on this area. First, yes, you can be arrested for it. You can be arrested and charged for lots of things that you will not be convicted of. If the officer makes an honest mistake, you can be arrested and charged for something that is not illegal also. I don't have much use for that, but it can happen. There are also some crooked cops who will arrest you knowing you have not broken the law, but civil suits usually take care of that (remember 42 USC 1983, it can be your best friend)

Now, there is an interesting clause under disturbing the peace. You can be charged for displaying a firearm (including a long gun) in a manner calculated to alarm. The problem is there is no definition of "calculated to alarm." I generally take it to mean that YOU INTENDED to scare someone, but others have taken it to mean that a reasonable person might have been scared, whether you intended it or not. And there are some cops who will charge you for it if someone says it scared them, again without regard to your intent.

The end result of this is that it is generally legal for you to carry a long gun around, but you will probably run into some trouble and meet some cops. It will then depend on your attitude, in most case, whether or not you get to see what the booking area of the jail looks like.

[aardwolf]

It sounds like the solution to that is to conceal the long gun. Maybe in a violin case for tradition's sake.

[anygunanywhere]

It sounds like the solution to that is to conceal the long gun. Maybe in a violin case for tradition's sake.

A really nice duster would work if it was accessorized properly.

Anygunanywhere

[DoubleJ]

Gold or silver spurs? gotta match your belt, you know!

[TEX]

Perhaps, but had a TABC officer tell me years ago that "technically" no firearms (including long guns) were allowed where alcohol was sold or consumed unless you were the owner, operator, authorized employee, guard, etc. This was after the CHL laws were passed and of course did not exclude CHL holders as outlined in CHL laws. I remember it because he said it included all the property, even the parking lot. He made a point of saying that a couple of guys filling up their truck at a conveinence store on the way to dove hunting with shotguns in the trunk were "technically" in violation of TABC laws. It sounded kind of screwy to me at the time, but I didn't question him about it. He did go on to say that he had never heard of anyone actually being prosecuted under that TABC law, but that it gave LEOs some leverage if a person was acting a total fool and causing trouble - and happened to have a long gun on any property where alcohol was sold or consumed. I was always under the impression that long guns were legal just about anywhere in Texas unless, as one person mentioned, you displayed it in such a way as to cause alarm, etc. Its a shame that some sheeple today would be alarmed the mere sight of a rifle, and consider it time to panic and piss themselves. I am dating myself here, but when I was in high school, it was not uncommon to see a teenager's pickup truck with a shotgun or deer rifle in the rack at the back window, especially during season. Such a thing now probably anywhere near a school would get SWAT called.

[Kythas]

My impression of the law was that long guns are legal everywhere except within 1000 yards of Huntsville State Prison on the day of an execution.

Had no idea the TABC had its own set of laws regarding long guns in places that sell alcohol. Where are those laws on the books?

[Elvis]

§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club,
or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or
national guard or a guard employed by a penal institution, or an
officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
(2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform; and
(B) the firearm or club is in plain view; or
(4) Deleted by Acts 1995, 74th Leg., ch. 318, § 17, eff. Sept. 1, 1995.
(5) a security officer who holds a personal protection authorization under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
(e) It is a defense to prosecution under Subsection (a)(5)
that the actor checked all firearms as baggage in accordance with
federal or state law or regulations before entering a secured area.
(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.
(h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road; or
(2) at the actor's residence or place of employment.

[Elvis]

§ 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm.

Based on the above law if you were to walk into a bar with a long gun and the Police were called you will be charged and convicted with Disordery Conduct. I have seen it happen many many times all over the State. If someone calls 911 to report the incident they were alarmed. On the other hand I have been to a local skeet/sporting clays club that has an alcoholic beverage license for on premises consumption and there is a gun rack just inside the door. No one is alarmed that you have a shotgun at a skeet range and so Disorderly Conduct does not apply.

[Pinkycatcher]

§ 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm.

Based on the above law if you were to walk into a bar with a long gun and the Police were called you will be charged and convicted with Disordery Conduct. I have seen it happen many many times all over the State. If someone calls 911 to report the incident they were alarmed. On the other hand I have been to a local skeet/sporting clays club that has an alcoholic beverage license for on premises consumption and there is a gun rack just inside the door. No one is alarmed that you have a shotgun at a skeet range and so Disorderly Conduct does not apply.

It's been decided many times that the mere presence of a firearm does not cause alarm