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"Carrying" a Rifle or Shotgun

Posted: Fri Jan 16, 2009 1:59 pm
by Cutter
I've tried to locate the laws for having a rifle or shotgun in your vehicle, but I'm unable to find them. Does anyone have a link or know what the law is regarding having a rifle or shotgun in your vehicle?

The background to this question is that I grew up here in Texas and when I was in high school, it seemed that people were allowed to keep their firearm in the vehicle if it was visible. For example, you would see a truck in the parking lot at the school and there would be a rifle in the gun rack, visible in the window. It seemed that because the rifle was visible, it was okay. (Seemed to be the assumption -- no teachers or principals were ever concerned about rifles and shotguns in gun racks in the parking lot.)

I ask this because over the holidays, I went to stay with my in-laws and my father in law didn't want my guns in the house because he's paranoid. So I left my rifle and a shotgun in their case on the backseat of my truck. Whenever I ran errands, I rode around with a rifle and shotgun and I was clearly not going hunting at that point. I was wondering if I would have gotten in trouble if I had been stopped by an LEO.

Any info that you have is much appreciated.

-CT

Re: "Carrying" a Rifle or Shotgun

Posted: Fri Jan 16, 2009 2:01 pm
by RPBrown
You were okay as long as you are legal to own a rifle or shotgun.

Re: "Carrying" a Rifle or Shotgun

Posted: Fri Jan 16, 2009 2:05 pm
by Cutter
RPBrown wrote:You were okay as long as you are legal to own a rifle or shotgun.
Oh yeah, I'm completely legal to own.

So, theoretically, I could drive around with a rifle in the backseat of my truck all of the time, I guess. Not that I want to do that, I would worry about it getting stolen.

I very much appreciate your help,
CT

Re: "Carrying" a Rifle or Shotgun

Posted: Fri Jan 16, 2009 2:20 pm
by Pinkycatcher
Cutter wrote:
RPBrown wrote:You were okay as long as you are legal to own a rifle or shotgun.
Oh yeah, I'm completely legal to own.

So, theoretically, I could drive around with a rifle in the backseat of my truck all of the time, I guess. Not that I want to do that, I would worry about it getting stolen.

I very much appreciate your help,
CT
You can legally walk around with a barrett on your back, but I wouldn't do it unless you were at the range. :rolll

Re: "Carrying" a Rifle or Shotgun

Posted: Fri Jan 16, 2009 3:54 pm
by DONT TREAD ON ME
IANAL...As stated above you are legal to walk into wal mart with a rifle or shotgun slung over your shoulder. You just cant do that with a handgun. Not that one would sling a handgun over their shoulder but you cant open carry it.

Re: "Carrying" a Rifle or Shotgun

Posted: Fri Jan 16, 2009 6:13 pm
by rm9792
But they (LEO) can harass or arrest you for inciting a riot or disturbing the peace. Cruddy but happens. Because someone else is scared you cant exercise your rights.

Re: "Carrying" a Rifle or Shotgun

Posted: Fri Jan 16, 2009 6:26 pm
by tarkus
rm9792 wrote:But they (LEO) can harass or arrest you for inciting a riot or disturbing the peace. Cruddy but happens. Because someone else is scared you cant exercise your rights.
Avoiding harassment from ignorant and prejudiced people is good argument for concealed carry. Handgun or rifle.

Re: "Carrying" a Rifle or Shotgun

Posted: Fri Jan 16, 2009 9:04 pm
by atxgun
You can walk down the street with an AR-15 strapped over your shoulder. But that's not to say you won't be charged with anything, as others have stated.

My CHL instructor told a story of a guy that had just bought some new shotguns. He was driving home with them in the front seat of his convertible. Some soccer mom-type that passed him saw this and called 911 to report "some maniac driving around with guns". The cops responded accordingly. Of course he wasn't charged but that took a good chunk of time out of his day.

As for leaving them in your back seat, that would seem to invite people to target your vehicle for a robbery.

Re: "Carrying" a Rifle or Shotgun

Posted: Fri Jan 16, 2009 10:49 pm
by Pinkycatcher
rm9792 wrote:But they (LEO) can harass or arrest you for inciting a riot or disturbing the peace. Cruddy but happens. Because someone else is scared you cant exercise your rights.
There was a court case that said the mere presence of a gun is not inciteful, one must be using it in a deliberate way to disturb the peace.

Re: "Carrying" a Rifle or Shotgun

Posted: Sat Jan 17, 2009 12:58 am
by Locksmith
No longer valid

Re: "Carrying" a Rifle or Shotgun

Posted: Sat Jan 17, 2009 1:38 am
by Pinkycatcher
Locksmith wrote:
Pinkycatcher
There was a court case that said the mere presence of a gun is not inciteful, one must be using it in a deliberate way to disturb the peace.
A citation on which case you are referring to would probably be helpful to some

It would wouldn't it? Except I can't find it, hmmmm... I'll look for it tomorrow.

Re: "Carrying" a Rifle or Shotgun

Posted: Sat Jan 17, 2009 10:55 am
by rm9792
Wont stop the ride.

Re: "Carrying" a Rifle or Shotgun

Posted: Tue Jan 20, 2009 1:47 am
by 03Lightningrocks
XtremeDuty.45 wrote:IANAL...As stated above you are legal to walk into wal mart with a rifle or shotgun slung over your shoulder. You just cant do that with a handgun. Not that one would sling a handgun over their shoulder but you cant open carry it.
Your post gave me a chuckle as I visualized walking into my Walmart with my pistol grip 12 gage shotgun slung over my back. I live in the big city and can only imagine the ruckus this would cause.

Hmmmmm.....just a thought here...maybe we can do a whole new type Wally walk with our shotguns? The trip to the ammo counter for that box of 12 gage buck shot will really be interesting. :biggrinjester:

Re: "Carrying" a Rifle or Shotgun

Posted: Thu Jan 22, 2009 2:06 pm
by Cutter
Pinkycatcher wrote:
rm9792 wrote:But they (LEO) can harass or arrest you for inciting a riot or disturbing the peace. Cruddy but happens. Because someone else is scared you cant exercise your rights.
There was a court case that said the mere presence of a gun is not inciteful, one must be using it in a deliberate way to disturb the peace.
But of course you would have to go through the hassle AND pay an attorney to assert that argument if you were picked up by an LEO.

-CT

Re: "Carrying" a Rifle or Shotgun

Posted: Sat Feb 14, 2009 5:59 pm
by TexasComputerDude
so do shotguns and other long guns have to be visible or can they be hidden behind the seat?