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by broberts001
Fri Mar 20, 2020 4:50 pm
Forum: General Texas CHL Discussion
Topic: Texas Law regarding Open Carry of Firearm
Replies: 21
Views: 15185

Re: Texas Law regarding Open Carry of Firearm

^^^ Thank you for that thoughtful answer. This was my understanding as well. I guess the key is "concealed". It is presumed that the "firearm" is not carried concealed on my person. If it was/is - it could then be treated as an NFA item. So, the best practice for this type of weapon, in the case of TX, is to have it in the open like a long gun.

Just to clarify, I have my share of SBR but sometimes like to mix up my current practice/training tool depending on the needs of the shooter utilizing it. Now I just need to find the case law to support these opinions.

Thank you,

Bryan
by broberts001
Fri Mar 20, 2020 10:02 am
Forum: General Texas CHL Discussion
Topic: Texas Law regarding Open Carry of Firearm
Replies: 21
Views: 15185

Re: Texas Law regarding Open Carry of Firearm

Grayling813 wrote: Fri Mar 20, 2020 9:47 am My understand of AR pistol vs rifle was that the receiver had to have been designated as a "pistol" when manufactured, otherwise if the barrel/overall length falls below ATF rifle rules it is subject to being classified as a short barreled rifle and requires a stamp.

Turns out...there is an "other"....

I'm guessing its something like this:
https://franklinarmory.com/products/com ... xo-series/
^^^ Correct, Franklin was the first to use this concept of "firearm" for sales of an AR15 weapon. overall length > 26", no stock but with a forward vertical grip. This does not make it a pistol, rifle or NFA weapons - which leaves it in the general category of firearm.
by broberts001
Fri Mar 20, 2020 8:23 am
Forum: General Texas CHL Discussion
Topic: Texas Law regarding Open Carry of Firearm
Replies: 21
Views: 15185

Re: Texas Law regarding Open Carry of Firearm

Let me give the exact scenario that I faced.

I was in bed, shots rang out beside out house, I picked up the "firearm", flashlight and cell phone. I called the police, reported the gun fire and went outside to talk to the neighbors. I wanted to walk outside with the "firearm" but choose to only go out with my IWB handgun (I have a CHL/LTC). Other neighbors came outside with their rifles, shotguns, etc.

My concern was when law enforcement rolled up to the home and I had the "firearm" slung.

FYI, it was a drive by shooting 2 houses down, 12 shots fired, two homes hit.

Thanks,

Bryan
by broberts001
Fri Mar 20, 2020 7:31 am
Forum: General Texas CHL Discussion
Topic: Texas Law regarding Open Carry of Firearm
Replies: 21
Views: 15185

Re: Texas Law regarding Open Carry of Firearm

In the configuration I described, it is not considered a rifle, it is not considered a pistol, it is not regulated by the NFA and therefore not considered a SBR or AOW - because it does not have a stock.

Since it is not a pistol, then it does not need a holster for any open carry. I can only assume since it is not considered a pistol, it could be carried like a long gun.

Thoughts ?

Thank you,

Bryan Roberts
by broberts001
Fri Mar 20, 2020 5:22 am
Forum: General Texas CHL Discussion
Topic: Texas Law regarding Open Carry of Firearm
Replies: 21
Views: 15185

Texas Law regarding Open Carry of Firearm

I am hoping to get an answer to this question; hoping it has been previously addressed.

I know we can open carry a long gun (rifle) with no issue.
I know we can conceal carry and open carry handguns (with holster) with no issues.

But, what about a "firearm". By "firearms", am referring to a weapon such as an AR15 that is > 26" with no stock, with a brace and a vertical grip. This does not meet NFA requirements as an AOW or SBR. It does not meet the definition of a pistol nor a rifle. So, can it be carrier like a long gun in Texas, slung over my back?

Thank you,

Bryan

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