History of Texas Firearms laws

[JALLEN]

Can anyone point me to a reasonably thorough discussion of the history of firearms law in Texas?

I was raised in Texas, came to California in 1968 as a brand new Navy officer. It seems like back then, there either wasn't any, or it was minimal. Folks carried rifles on the rifle rack of the pick up trucks in the school parking lot, without shame, or even notice.

How did we get here? I assume it was a little here, a bit more there. I think concealed carry was illegal for a spell, but was re-introduced some years ago.

Is there a link somewhere?

TIA

[BigGuy]

Can anyone point me to a reasonably thorough discussion of the history of firearms law in Texas?

I was raised in Texas, came to California in 1968 as a brand new Navy officer. It seems like back then, there either wasn't any, or it was minimal. Folks carried rifles on the rifle rack of the pick up trucks in the school parking lot, without shame, or even notice.

How did we get here? I assume it was a little here, a bit more there. I think concealed carry was illegal for a spell, but was re-introduced some years ago.

Is there a link somewhere?

TIA

What he said. Except for Arkansas. I've had a loaded .243 in the gun rack in my UNLOCKED pickup IN the school parking lot for most of deer season. And it wasn't lonely either. Most of the other pickups had some kind of deer rifle in a rack. Left the woods for school in the morning and the school for the woods in the evening.

[pbwalker]

http://www.saf.org/LawReviews/R_Newman.html" onclick="window.open(this.href);return false;

That might help, or the referenced articles included.

[JALLEN]

http://www.saf.org/LawReviews/R_Newman.html

That might help, or the referenced articles included.

That's a good start. Many thanks.

[JALLEN]

There is no mention of long guns in that helpful article about handguns. Is there no regulation of long guns in Texas at all?

[The Annoyed Man]

There is no mention of long guns in that helpful article about handguns. Is there no regulation of long guns in Texas at all?

Not really. There's a law that says something about displaying it in a manner intended to cause alarm. Technically, you can walk down the middle of Main Street with a loaded M14 at port arms, and you wouldn't be violating any laws...............unless the sight of it caused someone to be alarmed. You would probably get rousted by the first cop who saw it, because he was alarmed. It's one of those "not against the law, but it isn't done" things.

[JALLEN]

There is no mention of long guns in that helpful article about handguns. Is there no regulation of long guns in Texas at all?

Not really. There's a law that says something about displaying it in a manner intended to cause alarm. Technically, you can walk down the middle of Main Street with a loaded M14 at port arms, and you wouldn't be violating any laws...............unless the sight of it caused someone to be alarmed. You would probably get rousted by the first cop who saw it, because he was alarmed. It's one of those "not against the law, but it isn't done" things.

In the hill country where I grew up, an M-14 might have gotten attention, but if it were a Winchester lever action, nobody would blink an eye.... like wearing a Stetson, or driving a pickup. I'm not sure how it would be these days with all the auschlanders.

[stroo]

There is no law in Texas prohibiting the open or concealed carry of a rifle or shotgun.

On the other hand you can be charged with disturbing the peace if you were to carry one openly in the wrong place or in a "menacing" manner. I recall one situation, but don't have a cite for it where someone carrying a long gun in a case in downtown Dallas, as I recall, was charged with disturbing the peace. I don't remember how that turned out. There is a thread on the forum somewhere discussing this.

[jdhz28]

So technically I could stroll around with an 870 on my back and not be in any violation....hmm, I bet that would cause some problems. I have been in trouble for something that was not in violation of any laws, it was the LEO's call to harass me. The same instance occurred with my father and the LEO didn't harass him, grey hair seems to have its privileges.

[57Coastie]

Can anyone point me to a reasonably thorough discussion of the history of firearms law in Texas?

I was raised in Texas, came to California in 1968 as a brand new Navy officer. It seems like back then, there either wasn't any, or it was minimal. Folks carried rifles on the rifle rack of the pick up trucks in the school parking lot, without shame, or even notice.

How did we get here? I assume it was a little here, a bit more there. I think concealed carry was illegal for a spell, but was re-introduced some years ago.

Is there a link somewhere?

TIA

PM enroute.

Jim

[Beiruty]

I guess we should even repeal the law that is used against open carry of long firearms. If the firearms is not used in a threatening manner (Like unjustifiable pointing a shotgun as someone which by law is called aggravated assault) then no crime is committed. Just open carrying around a long rifle is not a crime, Period.

[MoJo]

I guess we should even repeal the law that is used against open carry of long firearms. If the firearms is not used in a threatening manner (Like unjustifiable pointing a shotgun as someone which by law is called aggravated assault) then no crime is committed. Just open carrying around a long rifle is not a crime, Period.

?????

For as long as I can remember there has not been any law in Texas against carry of a rifle or shotgun open or concealed. I understand some cities have a local prohibition of loaded carry. There's the wildlife law prohibition of carry of a loaded rifle or shotgun at night in areas "where deer are known to roam."

[Beiruty]

I guess we should even repeal the law that is used against open carry of long firearms. If the firearms is not used in a threatening manner (Like unjustifiable pointing a shotgun as someone which by law is called aggravated assault) then no crime is committed. Just open carrying around a long rifle is not a crime, Period.

?????

For as long as I can remember there has not been any law in Texas against carry of a rifle or shotgun open or concealed. I understand some cities have a local prohibition of loaded carry. There's the wildlife law prohibition of carry of a loaded rifle or shotgun at night in areas "where deer are known to roam."

See below:

PENAL CODE

TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY

CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:

(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;

(3) creates, by chemical means, a noxious and unreasonable odor in a public place;

(4) abuses or threatens a person in a public place in an obviously offensive manner;

(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

(6) fights with another in a public place;

(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;

(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

(9) discharges a firearm on or across a public road;

(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or

(11) for a lewd or unlawful purpose:

(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;

(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or

(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.

(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.

(c) For purposes of this section:

(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and

(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.

(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.

(f) Subsections (a)(1), (2), (3), (5), and (6) do not apply to a person who, at the time the person engaged in conduct prohibited under the applicable subdivision, was a student in the sixth grade or a lower grade level, and the prohibited conduct occurred at a public school campus during regular school hours.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 181, ch. 89, Sec. 1, 2, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 4641, ch. 800, Sec. 1, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 145, Sec. 2, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 14, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 54, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 389, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 691, Sec. 6, eff. September 1, 2011.

[MoJo]

Beiruty,

I'm sorry I see noting that specifically mentioned long arms. You can be charged with disorderly conduct for a lot of things but just carrying a rifle or shotgun in public is not illegal. Now, if by having the long gun with you you're trying to intimidate someone that's different. But, you could use a baseball bat or, your fists for the same purpose and be charged with the same infraction.

[Jumping Frog]

Beiruty,

I'm sorry I see noting that specifically mentioned long arms. You can be charged with disorderly conduct for a lot of things but just carrying a rifle or shotgun in public is not illegal. Now, if by having the long gun with you you're trying to intimidate someone that's different. But, you could use a baseball bat or, your fists for the same purpose and be charged with the same infraction.

Then you missed reading (8)

(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;