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Dumb Question of the Day

Posted: Tue Dec 09, 2008 3:46 pm
by billfromtx
Is there or has thas there ever been a CCW Law in Texas dictating how many rounds your weapon can carry? I had a discussion with 2 people earlier and they swear there is. I thought I was up on the laws, but If I am wrong, I've been kidding myself :???:
Thanks in advanced

Re: Dumb Question of the Day

Posted: Tue Dec 09, 2008 3:53 pm
by seamusTX
There is no Texas law on magazine capacity or the amount of ammunition that you can carry on your person. To the best of my knowledge, there never has been.

A couple of states have magazine capacity restrictions. Except for California, I can't name them off the top of my head.

There is a federal law limiting shotgun magazine capacity when you are hunting migratory game. That could possibly be made to apply to a CHL holder's handgun. I don't know the exact wording of the law.

- Jim

Re: Dumb Question of the Day

Posted: Tue Dec 09, 2008 4:36 pm
by boomerang
When people insist there's a law I insist they cite it, chapter and verse.

Re: Dumb Question of the Day

Posted: Tue Dec 09, 2008 4:46 pm
by seamusTX
That's the easiest way to shut them up, and if they don't shut up, it's safe to ignore them.

It's pretty easy to find out if something is seriously illegal in Texas. As far as I know, all class A and B misdemeanors and felonies are defined in the Penal Code. Counties and municipalities cannot create offenses more serious than class C misdemeanors.

Federal laws and regulations and other states are a different story.

You don't know good we have it if you haven't lived in a state where local entities can define crimes. Something can be legal on one side of a street and a felony on the other.

- Jim

Re: Dumb Question of the Day

Posted: Tue Dec 09, 2008 4:59 pm
by Morgan
And THEN i look it up myself...trust but verify. If you read the CHL laws, you can find that it's illegal to carry in a church or nursing home.... and I can quote it so it looks like that's the case.... then you read further on and find the exception.

Re: Dumb Question of the Day

Posted: Tue Dec 09, 2008 5:03 pm
by Liko81
seamusTX wrote:There is no Texas law on magazine capacity or the amount of ammunition that you can carry on your person. To the best of my knowledge, there never has been.

A couple of states have magazine capacity restrictions. Except for California, I can't name them off the top of my head.

There is a federal law limiting shotgun magazine capacity when you are hunting migratory game. That could possibly be made to apply to a CHL holder's handgun. I don't know the exact wording of the law.

- Jim
There used to be, until 2004, a FEDERAL law stating that all handgun magazines for civilian sale had to be limited to 10 rounds capacity. It was part of the 1994 Assault Weapons Ban, which expired in September 2004. Beyond that, there's nothing statutory applying to Texas, and never has been. Until 13 years ago it wasn't even much of a concern as handgun carry was banned altogether, and with concealed carry, magazine capacity is pretty self-limiting for practical reasons.

Re: Dumb Question of the Day

Posted: Tue Dec 09, 2008 5:19 pm
by seamusTX
The federal law applied only to new purchases. If you had a larger mag from before the AWB went into effect, you could keep it and transfer it.

There are firearms owners running around who think it is still in effect.

- Jim

Re: Dumb Question of the Day

Posted: Tue Dec 09, 2008 7:09 pm
by bdickens
Not only can you carry as many rounds as you want, you can carry as many guns as you want!

Re: Dumb Question of the Day

Posted: Wed Dec 10, 2008 2:03 pm
by OverEasy
Just a word of caution, don't carry more ammo or guns than you can swim or tread water with. ;-)
regards, OE

Re: Dumb Question of the Day

Posted: Wed Dec 10, 2008 11:18 pm
by Kalrog
OverEasy wrote:Just a word of caution, don't carry more ammo or guns than you can swim or tread water with. ;-)
regards, OE
And if you can no longer stand up from all of the weight - then you are right out.

Re: Dumb Question of the Day

Posted: Tue Dec 16, 2008 10:33 am
by scott_dfw
One other note...just to play advocate...

Even though you might be able to carry as much as you'd like...

Consider what a LEO is going to think when he checks you out (trenchcoat and all)...and you have a bunch of guns hidden on you. In my daily carry, I think its 'reasonable' (not Obamalam reasonable... but gun-guy reasonable) to carry a big gun on my waist and a backup gun on my ankle. I've been checked many times and never had so much as a sneer in my direction from the police. (well, one time I met an obnoxious officer, but I was on my motorcycle and not carrying at all, that time. He made a big deal about nothing, simply because I had a CHL...names withheld)

Carry on. :txflag:

Re: Dumb Question of the Day

Posted: Tue Dec 16, 2008 10:43 am
by seamusTX
I see your point, but why does that officer "need" at least one service pistol, two magazines, a Taser, a big can of pepper spray, body armor, at least one two-way radio, at least one cell phone, a baton, and a shotgun or rifle in his patrol car?

We have constitutions and laws so that a LEO's opinions remain simply opinions.

- Jim

Re: Dumb Question of the Day

Posted: Tue Dec 16, 2008 11:24 am
by Purplehood
OverEasy wrote:Just a word of caution, don't carry more ammo or guns than you can swim or tread water with. ;-)
regards, OE
I can't swim.

Re: Dumb Question of the Day

Posted: Tue Dec 16, 2008 11:27 am
by seamusTX
Please learn how to swim.

More people die of drowning every year in the U.S. than are murdered by strangers.

- Jim

Re: Dumb Question of the Day

Posted: Tue Dec 16, 2008 11:34 am
by scott_dfw
seamusTX wrote:I see your point, but why does that officer "need" at least one service pistol, two magazines, a Taser, a big can of pepper spray, body armor, at least one two-way radio, at least one cell phone, a baton, and a shotgun or rifle in his patrol car?

We have constitutions and laws so that a LEO's opinions remain simply opinions.

- Jim
Yeah, but those opinions (sometimes later translated into discretion) can be the difference between a "have a nice day" and a "place your hands behind your back".

I'm on the exact same page as you are... I LOVE my rights, and exercising them to the 'nth degree.