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Re: Conceald Carry at a gun show - legal question

Posted: Tue Jan 12, 2016 1:04 am
by C-dub
I would like to think that if I ever came across someone like the OP did that I could feign being in agreement and claim that I had a couple of friends that say it's not against the law and ask them to tell me which laws those were so I could show my friends.

Re: Conceald Carry at a gun show - legal question

Posted: Tue Jan 12, 2016 9:25 am
by goose
C-dub wrote:I would like to think that if I ever came across someone like the OP did that I could feign being in agreement and claim that I had a couple of friends that say it's not against the law and ask them to tell me which laws those were so I could show my friends.
I love subtlety. This is perfect. And act excited as you look over their shoulder at their smart phone, etc.

Re: Conceald Carry at a gun show - legal question

Posted: Tue Jan 12, 2016 3:31 pm
by Charles L. Cotton
Solaris wrote:
nightmare69 wrote: 1. If a non license holder is carrying a loaded handgun consealed or open anywhere other than a gun range then they have committed a crime(UCW).
1)Not even close to correct. Texas does not distinguish between loaded or unloaded. If it is legal to carry unloaded, it is legal to carry loaded. If if it is legal to carry concealed, it is legal to carry open (MPA being the only exception I know of). There are also a host of exemptions to UCW in Case Law and in 46.15. For example, a loaded/unloaded concealed/open handgun is legal in your home, your car (cept MPA), hunting, fishing, to/from these places, traveling, etc. I can name many places it is legal beyond 'anywhere other than a gun range".
First and foremost, tone down the attitude!

nightmare69 is correct and you are the one who is "not even close to correct." Anyone carrying a handgun at at a gun show without a LTC violated TPC §46.02 and, as you noted, it doesn't matter if it is loaded or not. Gun shows are not sporting events as found in TPC §46.15(b)(3). As a practical matter, §46.02 is not enforced at gun shows, but that's a matter of custom and practice, not Texas criminal law.

Chas.

Re: Conceald Carry at a gun show - legal question

Posted: Tue Jan 12, 2016 4:01 pm
by Solaris
Charles L. Cotton wrote:
Solaris wrote:
nightmare69 wrote: 1. If a non license holder is carrying a loaded handgun consealed or open anywhere other than a gun range then they have committed a crime(UCW).
1)Not even close to correct. Texas does not distinguish between loaded or unloaded. If it is legal to carry unloaded, it is legal to carry loaded. If if it is legal to carry concealed, it is legal to carry open (MPA being the only exception I know of). There are also a host of exemptions to UCW in Case Law and in 46.15. For example, a loaded/unloaded concealed/open handgun is legal in your home, your car (cept MPA), hunting, fishing, to/from these places, traveling, etc. I can name many places it is legal beyond 'anywhere other than a gun range".
First and foremost, tone down the attitude!

nightmare69 is correct and you are the one who is "not even close to correct." Anyone carrying a handgun at at a gun show without a LTC violated TPC §46.02 and, as you noted, it doesn't matter if it is loaded or not. Gun shows are not sporting events as found in TPC §46.15(b)(3). As a practical matter, §46.02 is not enforced at gun shows, but that's a matter of custom and practice, not Texas criminal law.

Chas.
Attitude toned down.

I got off topic with non-licensees as the original question was enforceability of 06/07 and as long as you declare, you are GTG.