TexasCHLforum.com

Looks like someone needs a refresher course

http://www.statesman.com/news/content/n ... 10yax.html

SigMan wrote:Looks like someone needs a refresher course

http://www.statesman.com/news/content/n ... 10yax.html

Not a bright guy... wonder why they called the AP rounds an illegal weapon?

AP rifle rounds are legal in Texas. AP rounds for a handgun are illegal.

Of course if he chased down the kids with a rifle and threatened them at gunpoint that's definitely illegal. BUT that doesn't make the rifle or the ammo a prohibited weapon.

Where to start? Major points off for reading the law and understanding how firearms work. The best grade this effort deserves is a C-.

What this guy is alleged to have done was stupid and illegal. However there are numerous things wrong with the newspaper article. In additon, the premise of the OP--"Does this violate Concealed Carry ?"--is flawed.

First, how they identify the gun--a "semiautomatic assault rifle."
An "assault rifle" is by definition selective fire. They must have consulted the wrong chapter of their Brady Campaign Guide to Firearms--they obviously meant to say "assault weapon," which in media-speak means "any of those scary black guns which Sarah says should be banned."

Second, the charge on possession of "armor-piercing ammunition"--Texas law defines it as follows:

Sec. 46.01. DEFINITIONS. In this chapter:
(12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.

The ammo in the AR-15 were probably standard FMJ rounds. As most of us know, virtually any centerfire rifle ammunition is capable of piercing soft body armor. Remember, one man's deer rifle is Sarah Brady's "high powered sniper rifle firing armor-piercing bulletes capable of punching through a bulletproof vest a mile away."

This includes rounds such as the venerable .30-30. There have been some attempts to regulate them at the federal level, including the infamous attempt by the late Senator Kennedy:

Another rifle caliber, the 30.30 caliber,
was responsible for penetrating
three officers’ armor and killing them
in 1993, 1996, and 2002. This ammunition
is also capable of puncturing light-armored
vehicles, ballistic or armored
glass, armored limousines, even a 600-
pound safe with 600 pounds of safe
armor plating.
It is outrageous and unconscionable
that such ammunition continues to be
sold in the United States of America.

Wisely these attempts have gone nowhere.

Finally to address the flawed premise of the OP--no, it does not violate concealed carry. There is no license required in Texas to carry a rifle or shotgun, concealed or unconcealed, on your property or off.

All in all, a mediocre effort by a media outlet to try to drum up support to ban those nasty assault weapons "for the children."

dcphoto wrote:AP rifle rounds are legal in Texas. AP rounds for a handgun are illegal.

Of course if he chased down the kids with a rifle and threatened them at gunpoint that's definitely illegal. BUT that doesn't make the rifle or the ammo a prohibited weapon.

§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
(b) It is a defense to prosecution under this section that
the actor's conduct was incidental to the performance of official
duty by the armed forces or national guard, a governmental law
enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that
the actor's possession was pursuant to registration pursuant to the
National Firearms Act, as amended.

...charged with aggravated assault and possession of a prohibited weapon...

So, what's the prohibited weapon? I can't seem to find that in the article anywhere.

...a magazine fully loaded with armor-piercing bullets, the possession of which is illegal, the affidavit said.

Any bets that the ammo was plain ol' M855?

Regardless of the whole story, it was a downright stupid move on Yax's part.

There is already a thread running on this here http://www.texaschlforum.com/viewtopic. ... 99&start=0" onclick="window.open(this.href);return false; and concealed carry only pertains to handguns (Concealed Handgun License.) Rifles can never be loaded and concealed, license or not.

And, AP rounds are only illegal per as defined in 46.01. See the thread above for info in my post.