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Re: Stupid Question but, CC a rifle?

Posted: Wed Jan 21, 2009 5:39 pm
by fickman
IANAL

We can start to narrow this down, though. To steer it back on course, the OP is asking if you can legally carry a concealed rifle/shotgun.

I know that you cannot conceal a rifle under the authority of your CHL. DPS used to have a FAQ section that addressed this. . . it confirmed that the wording of the law does not seem to limit the number of handguns you can carry and it said that the license only allows you to conceal handguns.

Given:
a) It is legal to openly carry a long gun (acknowledging the harassment you'll invite in certain situations).
b) It is illegal to openly carry a handgun (except for private property).
c) It is illegal to conceal a handgun without a CHL.

You cannot be licensed to conceal a rifle/shotgun, but this doesn't mean that it's not tacitly allowed by the law.

The two possible conclusions seem to be:
1) Yes, you can carry a concealed rifle or shotgun. The law does not regulate the manner in which they can be carried. Concealed or open carry of a long gun is permissible. The CHL regulations merely remove the restrictions against concealing a handgun, which is otherwise expressly forbidden. There is no CHL equivalent for long guns because it is not needed.

2) No, you cannot carry a concealed rifle or shotgun. The carrying of all concealed firearms is illegal while the open carry of long guns is permissible. The CHL regulations remove the restrictions against concealing a handgun. There is no CHL equivalent for long guns because it is not allowed.

What's your ruling?
:smash:

Re: Stupid Question but, CC a rifle?

Posted: Wed Jan 21, 2009 6:36 pm
by TexasComputerDude
ugh......

Re: Stupid Question but, CC a rifle?

Posted: Wed Jan 21, 2009 6:55 pm
by Daltex1
You can buy an ak47 variant bullpup, classified as a pistol but we all know its a rifle.

Re: Stupid Question but, CC a rifle?

Posted: Wed Jan 21, 2009 8:34 pm
by Weg
You just gotta stuff it in you pants, I can conceal my jimminy ckrichet ,22 rifle reel easy.

Re: Stupid Question but, CC a rifle?

Posted: Wed Jan 21, 2009 9:25 pm
by boomerang
fickman wrote:What's your ruling?
:smash:
Other than the places listed in 46.03, I wouldn't hesitate to carry a cased or otherwise concealed rifle or shotgun in Texas.

Maybe I should get a compact rifle and concealment case for when I need to go someplace posted with a 30.06 sign. "rlol"

Re: Stupid Question but, CC a rifle?

Posted: Thu Jan 22, 2009 3:51 pm
by NcongruNt
There's always this. :)

Image

Considered by the feds to be an AOW firearm. Texas doesn't have the same classifications as the feds, but would probably consider it a Short-barreled firearm, under 46.01(10). These are ordinarily prohibited in 46.05(a)(3), with a defense to prosecution outlined in 46.05(c) - you have the NFA tax stamp (registration, according to the TPC).

I highlighted the defense to prosecution (not an exception to the law) because this means you can be arrested and charged with Possession and/or Transport of a Prohibited Weapon under 46.05(a)(3), and could have to defend yourself in court showing evidence that you met the provision in 46.05(c). A real pain. It is legal to carry provided you meet the requirements, though. I'm sure that some DA could argue that it is a handgun because it theoretically could be fired with one hand, but 46.01(5) defines a hand gun as "any firearm that is designed, made, or adapted to be fired with one hand.", and this weapon is specifically designed to be used two-handed (with a vertical foregrip), and a good lawyer should be able to have that argument thrown out, especially given the fact that operation of the gun requires cycling the action which necessitates two hands.

Other than NFA firearms, there's no distinction in the penal code as to the concealed or open possession of non-handgun firearms in ordinary circumstances beyond the specific prohibition regarding locations where firearms may not be carried in general such as prisons and the like (provided that you can legally possess it in the first place) - at least that I'm aware of.

Also, I am not a lawyer. Just calling it as I see it in the TPC. Case law could make other distinctions I'm not aware of.

Re: Stupid Question but, CC a rifle?

Posted: Thu Jan 22, 2009 4:20 pm
by Wildscar
Its called a CHL.

Not a CWL or a CRL or a do what ever I want and get away with it card.

Re: Stupid Question but, CC a rifle?

Posted: Thu Jan 22, 2009 4:49 pm
by fickman
Wildscar wrote:Its called a CHL.

Not a CWL or a CRL or a do what ever I want and get away with it card.
We've all agreed that, if you can carry a concealed rifle, it is not because of the CHL.

Re: Stupid Question but, CC a rifle?

Posted: Thu Jan 22, 2009 10:41 pm
by boomerang
Same as a knife with a 3" blade. Legally no difference if it's carried openly or concealed.

Maybe better to carry concealed so we don't frighten the horses... and other herbivores.

Re: Stupid Question but, CC a rifle?

Posted: Mon Feb 09, 2009 11:48 pm
by Rockrz
Weg wrote:I was told by the instructor that there are no state laws regulating the carrying of long arms so you can do whatever you want.
Remember a few years back when a certain group of civil rights activists all marched down
the street with their rifles and shotguns in various major cities across the US?

I always wondered what have happened if some law abiding citizens showed up
doing the same thing to make sure these folks didn't get out of hand...

Anyway, the law dawgz didn't do anything so it
must be legal to carr long arms openly in public