Texas law and long guns

[beretta-neo]

I believe Texas law allows a person to have a long gun in their vehicle - even concealed, correct?

Does it allow that rifle to be loaded, in the vehicle?

I was thinking of getting a truck gun, but keeping it loaded and concealed.

[Charles L. Cotton]

Assuming you are not prohibited from possessing firearms, Texas has no restrictions on having a long gun in your car -- loaded or unloaded.

Chas.

[LaserTex]

Hang it in the back window...I used to have my 30.30 in the student parking lot at San Angelo Central High School. Until my buddy got his window smashed in and his gun taken. That was 1984... I wouldn't care open in the truck...but my Mini-14 is loaded and under the back seat. Does that count?

Doug (don't call me a lawyer!!) Oh, and Kanye is (I will agree with Obama's assessment on THIS occasion).

[beretta-neo]

I have a CHL, so I can own the rifle. I was just making sure it would be okay. I thought it was, but wasn't sure if it had to be unloaded.

[WolfeJager]

Well this clears up a few questions I had. There is another question I have though... Is it legal to carry a long gun openly? ex: Walking to local gun shop to get my AR15 serviced or to a local gas station.

I get mixed information everywhere i ask, there seems to be alot of pro's here so anyone got any idea?

[PBratton]

Just had an additional thought on this: I would expect that, with huntin' season coming up, the game warden might wanna have a chat with you if he sees ya driving down the highway with a rifle in the rack...

[TDDude]

Yes, it is legal to carry a long gun openly in Texas as long as you are not being threatening with it.

I was once in a pawn shop looking at the current stock when a guy walked in with an AK, magazine inserted, bolt closed, and his finger on the trigger. He just walked like that right up to the counter. All I did was pull my pistol out and place it at my side out of sight and stared at the guy like nothing mattered. I don't think the counter guy that was waiting on me noticed until I re-holstered.

The counter guys all knew the guy so there was no threat but man, what a moron. The short hairs on my neck were at attention.

[Charles L. Cotton]

Well this clears up a few questions I had. There is another question I have though... Is it legal to carry a long gun openly? ex: Walking to local gun shop to get my AR15 serviced or to a local gas station.

I get mixed information everywhere i ask, there seems to be alot of pro's here so anyone got any idea?

As TDDude posted, there is no Texas statute that generally prevents the open-carry of a long gun. However, you must be careful how you carry it so as not to violate TPC §42.01(a)(8) [Disorderly Conduct] that makes it an offense to "display a firearm or other deadly weapon in a public place in a manner calculated to alarm; . . ."

Chas.

[boomerang]

Remember that 46.03 applies to all firearms, including long guns.

[Sniper John]

Hang it in the back window...I used to have my 30.30 in the student parking lot at San Angelo Central High School. Until my buddy got his window smashed in and his gun taken. That was 1984... I wouldn't care open in the truck...but my Mini-14 is loaded and under the back seat. Does that count?

One of course can't do that now. For one due to the Gun-Free School Zones Act of 1990.

[redoregon]

?? As far as I know, there is nothing against having a weapon *in your car* *in the parking lot* of a school. Try to carry it in, and that's where you're going to run into legal trouble.

[Keith B]

?? As far as I know, there is nothing against having a weapon *in your car* *in the parking lot* of a school. Try to carry it in, and that's where you're going to run into legal trouble.

Yes there is. The Gun Free School Zone Act Title 18 922 (q) (2) states:

A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

So you must meet the stipulations in the act or it is illegal.

[Tireshred]

I've open carried rifles on bikes many times, from gun shows to the house, and from the house to the range and back, I've never been stopped. Not to say it won't happen, it just hasn't yet.

[asleepatthereel]

Hang it in the back window...I used to have my 30.30 in the student parking lot at San Angelo Central High School. Until my buddy got his window smashed in and his gun taken. That was 1984... I wouldn't care open in the truck...but my Mini-14 is loaded and under the back seat. Does that count?

Doug (don't call me a lawyer!!) Oh, and Kanye is (I will agree with Obama's assessment on THIS occasion).

I remember those days as well. Sometimes the shop teacher would let us sneak out early during dove season. My old trusty H&R 12 guage stayed in the back window gun rack of my old 68 Chevy. Imagine the chaos that would cause today.

[asleepatthereel]

?? As far as I know, there is nothing against having a weapon *in your car* *in the parking lot* of a school. Try to carry it in, and that's where you're going to run into legal trouble.

Yes there is. The Gun Free School Zone Act Title 18 922 (q) (2) states:

A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

So you must meet the stipulations in the act or it is illegal.

Probably a dumb question, but does the 'Gun Free School Zone' extend to the part of the road commonly in front of schools where you have to slow down? I wouldnt think so, but Ive always had problems understanding 'legalese' when read from the book itself. They should make those laws in plain english.