Legally carry class 3 firearm?

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mth91
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Legally carry class 3 firearm?

#1

Post by mth91 »

Howdy folks,

Just a quick question for anyone who might know. If you possess a class 3 license and a concealed handgun license, is it then legal to conceal a class 3 handgun? I'm not certain that it would be wise anyway, since it has the potential to be less easily controlled in the event of a confrontation, but it would be interesting to know.

Thanks for your time.

gringo pistolero
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Re: Legally carry class 3 firearm?

#2

Post by gringo pistolero »

Texas law prohibits carrying handguns, illegal knives, and clubs. (With some exceptions.) And prohibited places. (Likewise.) So if a firearm is not a handgun,and you're not some place firearms are prohibited for citizens (46.03) and it's legal for you to possess that firearm (46.04/46.05) it's not against Texas law to carry it.

Having a FFL with a Class 3 SOT seems to cover 46.05 but IANAL.
I sincerely apologize to anybody I offended by suggesting the Second Amendment also applies to The People who don't work for the government.

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mth91
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Re: Legally carry class 3 firearm?

#3

Post by mth91 »

I apologize, but I don't know what those acronyms mean. I haven't been here for very long.

old farmer
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Re: Legally carry class 3 firearm?

#4

Post by old farmer »

mth91 wrote:I apologize, but I don't know what those acronyms mean. I haven't been here for very long.
fishing? :nono:
God Bliss America.

gringo pistolero
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Re: Legally carry class 3 firearm?

#5

Post by gringo pistolero »

mth91 wrote:I apologize, but I don't know what those acronyms mean. I haven't been here for very long.
Maybe I should be the one apologizing. I saw "class 3 handgun" and assumed, incorrectly it seems, it meant a handgun on the NFA registry. Sorry.
I sincerely apologize to anybody I offended by suggesting the Second Amendment also applies to The People who don't work for the government.

alvins

Re: Legally carry class 3 firearm?

#6

Post by alvins »

somthing sounds fishy but only dealers have a class 3 license. your chl has nothing to do with anything when it comes to class 3.

what about class 3 would be less easily controlled when carrying?

I guess i could carry my silencer on my glock but it makes the gun another 9 inches long. not somthing easily concealed.

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Re: Legally carry class 3 firearm?

#7

Post by Carry-a-Kimber »

What is a "Class III License"? A Curio & Relic dealer? An antique handgun is covered under a CHL just like a modern handgun. Or maybe a Class III SOT? I am confused.

alvins

Re: Legally carry class 3 firearm?

#8

Post by alvins »

Carry-a-Kimber wrote:What is a "Class III License"? A Curio & Relic dealer? An antique handgun is covered under a CHL just like a modern handgun. Or maybe a Class III SOT? I am confused.

i usually think of a black smith when someone asks me.

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Re: Legally carry class 3 firearm?

#9

Post by srothstein »

mth91 wrote:I apologize, but I don't know what those acronyms mean. I haven't been here for very long.
FFL means Federal Firearms License
SOT means Special Occupational Tax (I think)
IANAL means I am not a lawyer

What the person who answered you was saying is that the only people who have or get a class III license are those who are firearms dealers (FFL). As an individual, you get a receipt for your paying the one time $200 tax on a firearm that meets the registry requirements.

Nothing in Texas law mentions carrying a fully automatic weapon when it mentions what is illegal to carry. The 46.04 and 46.05 mentioned in the answer refer to sections of the Penal Code that also cover possession of the weapon. In particular, 46.05 bans possession of machine guns but has a defense if it is pursuant to the national firearms registry (the federal "class III license" you mentioned to begin with.

So, as I read the law, you could carry,a s one example, a Glock 18 that is fully automatic IF you kept it concealed and had a CHL that included semi-automatic weapons. the IANAL disclaimer applies to me also, and this is not legal advice, just my personal opinion.
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Re: Legally carry class 3 firearm?

#10

Post by Wes »

:iagree:

Just remember, a law does not have to exist giving you permission, one just can not exist taking away the right. A SA (semi auto) CHl license classification states "SA: any handguns, whether semi-automatic or not;" and while I am not a lawyer, i read that to say auto is ok. So if the above applies, sure, you could, but why would you? You are still responsible for your actions while carrying and if you were to use the weapon, the notorious inaccuracies of such a weapon would preclude most reasonable people from making the choice to fire. Now, carrying suppressed is a whole different story and while I have considered carrying like this, the practicality of carrying and drawing such a lengthened barrel is anything but easy.
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mth91
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Re: Legally carry class 3 firearm?

#11

Post by mth91 »

Sorry, I know that was a strange question. It just crossed my mind, and I wanted to know if there was any restriction on carrying like a glock 18 or things of that nature. I'm aware that it would be foolish to actually do so, considering how uncontrolled it would be in an already dangerous situation. Thanks for answering though.

Edit: Also, I'm fairly certain you don't have to be a firearms dealer to have a class 3 license. They apply to things like silencers as well.
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Re: Legally carry class 3 firearm?

#12

Post by Wes »

Suppressors are considered 'nfa firearms' under federal law, a title II firearm to be exact. This category of firearms would also apply to your full auto weapons and high explosives. To sell a title II firearm, you must be a class III federal firearms dealer. Other limitations apply to specific items, like machine guns, but certain FFLs can still obtain them, just not sell them to the general public. Those which they can sell, require the application for and payment of a tax stamp. Not just anyone can be an FFL dealer or possess 'nfa firearms', much less carry them concealed or otherwise.
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Re: Legally carry class 3 firearm?

#13

Post by TheDude »

mth91 wrote: Edit: Also, I'm fairly certain you don't have to be a firearms dealer to have a class 3 license. They apply to things like silencers as well.
There really isn't such a thing as a Class 3 license. As others have stated you are talking about an SOT. Dealers have those and are somtimes referred to as a Class 3 Dealer. You must first be a FFL holder to even apply for a SOT. You can't just get an SOT so you can own cool guns. Citizens do not need an SOT to own an NFA firearm or suppressor. You just have to pay a $200 tax to the BATF, submit fingerprints, photos, a background check, and then the NFA item is registered under you name. Remember for citizens to own Full-Auto firearms they must have been manufactured and registered before 1986 and they cost as much as a new automobile. I don't think there are many if any Pre-1986 Glock 18s in the registry.

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Re: Legally carry class 3 firearm?

#14

Post by Panda »

mth91 wrote: Edit: Also, I'm fairly certain you don't have to be a firearms dealer to have a class 3 license. .
I'm fairly certain you're mistaken. If not, it should be a piece of cake to link to the department or agency website for this license, with license fees, duration, requirements, and so on.

alvins

Re: Legally carry class 3 firearm?

#15

Post by alvins »

Wes wrote:Suppressors are considered 'nfa firearms' under federal law, a title II firearm to be exact. This category of firearms would also apply to your full auto weapons and high explosives. To sell a title II firearm, you must be a class III federal firearms dealer. Other limitations apply to specific items, like machine guns, but certain FFLs can still obtain them, just not sell them to the general public. Those which they can sell, require the application for and payment of a tax stamp. Not just anyone can be an FFL dealer or possess 'nfa firearms', much less carry them concealed or otherwise.
sums it up pretty well nothing else to explain.
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