Rifle carry in car

[para45]

So i have read the law about rifle carry, i rigged up mount for the AR. Just incase i run out of .45's . However, i have heard that it is against some city ordiances to open carry a loaded rifle in car pls help?

[seamusTX]

A city or county cannot regulate the bearing of arms. The Texas state legislature has reserved that power to itself.

That doesn't mean you won't get hassled, though I've heard very few stories of people being hassled over long guns in the car.

The above is true for Texas public roads. National Parks are off-limits, and many states or cities in other states prohibit carry loaded long guns in vehicles.

- Jim

[para45]

This is a FAQ at concealedhandgun.com, the link is below. Now i am no where near SA, however thought this was a little wierd.

"Is the San Antonio City Ordinance, which states you may not carry a loaded long gun (rifle/shotgun) while in the city limits, negated by a concealed handgun license? "
"No, the Texas Concealed Handgun law does not address long guns."

http://www.concealedhandgun.com/faq.htm ... un_license

-Now i know that CHL law does not cover long guns, but were did this guy get this info at???-

[seamusTX]

I don't think San Antonio has an ordinance that generally prohibits weapons in vehicles. The muicipal code is here:
http://www.sanantonio.gov/codesrch.asp? ... 2&ver=true
Search for Sec. 21-157. It prohibits carrying weapons on "city property," and specifically excludes streets.

These ordinances were passed in 1995, and the state passed the pre-emption law, LGC §229.001, in response to this kind of ordinance.

Progress on getting rid of such ordinances is slow. The City of Galveston, where I live, has one.

The good news is that even if cities try to enforce such ordinances, a city can create only a class C misdemeanor.

- Jim

[bdickens]

Man, I think you need to seriously reconsider your daily routine if this is a serious concern of yours.

[OnTexasTime]

Times are a changing. When I was in High School in the 70's a lot the guys had their rifles & shotguns in the back window of their trucks. The principal would come on the "loudspeaker" and say boys I am not going to tell you again to keep your truck doors locked`.

My 1999 truck was the first truck I didn't put a gun rack in the back window (went with a behind the seat rack). I did have one in the farm truck and had a couple of encounters a few years ago when I would drive that truck into town. Once while through the local college campus, I was stopped by the college police and told that federal law did not allow guns on school property. I did not point out that I was on a city maintained street that the college happened to own property on both sides of and returned back that way later in the day. Someone did call on that truck sitting in a parking lot with the guns in the back window one time, but didn't get anywhere with that call. The police did run the license plate and I did get a call from the them since they knew me.

[seamusTX]

Once while through the local college campus, I was stopped by the college police and told that federal law did not allow guns on school property.

They were wrong. The federal law prohibits loaded weapons within 1,000 feet of elementary and secondary school grounds.

- Jim

[Charles L. Cotton]

This is a FAQ at concealedhandgun.com, the link is below. Now i am no where near SA, however thought this was a little wierd.

"Is the San Antonio City Ordinance, which states you may not carry a loaded long gun (rifle/shotgun) while in the city limits, negated by a concealed handgun license? "
"No, the Texas Concealed Handgun law does not address long guns."

http://www.concealedhandgun.com/faq.htm ... un_license

-Now i know that CHL law does not cover long guns, but were did this guy get this info at???-

I would think long and hard before relying on anything you read on http://www.concealedhandgun.com Read the rantings from these folks and you'll see what I mean. If memory serves me, this is the site that claimed the Motorist Protection Act didn't make it legal for non-CHLs to have handguns in their cars. Now, I see their site corrected that blatantly false statement, but then launches into a diatribe against car-carry, the Texas Legislature, the NRA, TSRA, and just about anyone else whose actions and opinions may cost them some CHL instructor business.

Apparently, the instructor works as an investigator for the DA's office, which may explain why he is so adamantly against HB1815 (car-carry) and the 2005 "traveling presumption." http://www.concealedhandgun.com/instructor.htm He even attacks the ACLU's report Above the Law that documented abuses by various DA's in response to the then-new "traveling presumption."

*Just a side note: The state legislature rewrote and passed this new UCW statute to replace the worthless "traveling" law passed in 2005. The TSRA still believes the old law is a good law, even though they helped sponsor the replacement law. The TSRA aligned themselves with the ACLU (yes, that's correct, the ACLU - check out their take on the 2nd Amendment) and the TCJC in order to help defeat the prosecution of any previous arrests generated by the prior, poorly written, "traveling" law. Strange bedfellows. The TSRA has also published on their website, contained in the article by, and about, the ACLU, a "how to handle" (my words) the police if stopped while carrying without a license. Decent law abiding citizens really don't need to worry about "handling" the police, BUT CRIMINALS, GANG MEMBERS AND GANG BANGERS DO. Don't think for a second they don't know how to surf the internet and get this advice courtesy of the Texas State Rifle Association. Whose side are these people on anyway? Oh, yes, of course, the same side as irresponsibility and the ACLU. Pretty amazing stuff.

http://www.concealedhandgun.com/newlaw.htm

Here is a link to the ACLU report documenting the Rosenthal-lead quest to ignore the 2005 "traveling presumption." There is no doubt where Mr. Miller's loyalties lie. http://www.tsra.com/docs/AboveTheLaw.pdf

Chas.

[seamusTX]

Oh, lovely.

The decision to obtain a Texas Concealed Handgun (Concealed Carry) License is to take on an awesome responsibility. The legal carrying of a concealed handgun exposes a Texas Concealed Handgun licensee to the potential risk of severe criminal, financial and emotional consequences. Considering this is a Texas law, why would you take a class from a "gun toting cowboy" who has absolutely no, or very little experience with the application of the law and is more concerned with "packing" or "special tactical weapons" (ah yes, we carry those everyday), than on the application of the Texas concealed carry law? Only you can make the choice of whether to take the Texas Concealed Handgun (concealed carry) training from full time law enforcement professionals with over 47 years experience dealing with the law on a daily basis, or from a "look what I have on my hip" type instructor.

- Jim

[srothstein]

I don't think San Antonio has an ordinance that generally prohibits weapons in vehicles. The muicipal code is here:
http://www.sanantonio.gov/codesrch.asp? ... 2&ver=true
Search for Sec. 21-157. It prohibits carrying weapons on "city property," and specifically excludes streets.

Jim, you started one section too late. 21-156:

(a) It shall be unlawful for any person under the age of seventeen (17) to carry a firearm on a public roadway or public right-of-way; on any other property in which a governmental entity has an interest; or on private property without the permission of the owner or person in control of the property within the city limits of the City of San Antonio.
(b) It is an affirmative defense to prosecution for a violation of this provision that: The firearm is being carried at a firing range or an area designated for target practice.

But, while you might get the ticket or arrested (and the next paragraph allows the seizure of the weapon), you will win in court. The pre-emption law clearly makes this invalid. I would think that it would also give you a cause of action for a federal civil rights violation if the police did seize your legal weapon.

[ELB]

I would think long and hard before relying on anything you read on http://www.concealedhandgun.com Read the rantings ... etc

Chas.

Oh wow, I had not seen this before. I took two classes from Sammy Miller (altho not recently -- I need to renew again this year), he didn't come across like this at all. ?? In fact he was a pretty strong proponent of CHL and self-defense in general, one of his comments being, roughly paraphrased, "when I am getting my butt stomped along side the road, I hope one of you comes along to help me out." The prosecutor that lectures in his class also came across to me as very pro-citizen carry -- he started off one of his lectures with a video of a convenience store clerk in SA getting killed in robbery, noted that most convenience store robberies in SA go unsolved (and there are a lot of them), which should be motivation for protecting ourselves. Granted CHL is different from the car-carry and traveling and all that, but given his tenor in class, I would not have expected him to come unglued over HB1815 and the like. I am truly baffled.

[seamusTX]

Jim, you started one section too late. 21-156:

(a) It shall be unlawful for any person under the age of seventeen (17) to carry a firearm on a public roadway or public right-of-way; on any other property in which a governmental entity has an interest; or on private property without the permission of the owner or person in control of the property within the city limits of the City of San Antonio.

I did see that. It clearly applies only to minors, which I assume no one posting to this forum these days is.

Oh wow, I had not seen this before. I took two classes from Sammy Miller (altho not recently -- I need to renew again this year), he didn't come across like this at all. ??

This is a problem with writing. It's easy to convey an extreme attitude without realizing it.

I know people in real life who are decent, humane people; but they have written things that make them sound like a lunatic.

- Jim

[Liberty]

I know people in real life who are decent, humane people; but they have written things that make them sound like a lunatic.

- Jim

Politics does that to people.

[Charles L. Cotton]

I would think long and hard before relying on anything you read on http://www.concealedhandgun.com Read the rantings ... etc

Chas.

Oh wow, I had not seen this before. I took two classes from Sammy Miller (altho not recently -- I need to renew again this year), he didn't come across like this at all. ?? In fact he was a pretty strong proponent of CHL and self-defense in general, one of his comments being, roughly paraphrased, "when I am getting my butt stomped along side the road, I hope one of you comes along to help me out." The prosecutor that lectures in his class also came across to me as very pro-citizen carry -- he started off one of his lectures with a video of a convenience store clerk in SA getting killed in robbery, noted that most convenience store robberies in SA go unsolved (and there are a lot of them), which should be motivation for protecting ourselves. Granted CHL is different from the car-carry and traveling and all that, but given his tenor in class, I would not have expected him to come unglued over HB1815 and the like. I am truly baffled.

I have to admit that I was surprised when I read the stuff on his website. He also takes a poke at the new Castle Doctrine, saying the old law was perfectly good and no one knows what the new one means. That's right out of the anti-Castle Doctrine DA's play book.

Additionally, these legislative loonies rewrote a perfectly good self defense statute and made it so stupid, it is virtually impossible for anyone to understand.

Thank you everybody who had a hand in passing these laws. Your astute (ignorant) foresight is overwhelming.

Although I am a firm advocate of the 2nd Amendment, I also believe there need to be checks and balances in place to safeguard our law abiding citizens and law enforcement officers from the "bad guys". These laws do neither.

"Checks and balances in place;" where have we heard this before? Oh yeah, it was Sara Brady, Chuck Schumer, Diane Feinstein, . . .

How about his call to oust everyone who voted for the Motorist Protection Act and the Castle Doctrine bills?

The morons in the state legislature, as well as the present governor who signed off on the laws, need to be voted out before our state becomes much like the ACLU controlled state on the far west coast, and which will cause our laws to continue to weaken law enforcement and victims rights, while strengthening the criminal element.

We have to presume a man means what he publishes to the entire world via the Internet. Comments made in a commercial setting where he's making money are more suspect, in my view.

http://concealedhandgun.com/newlaw.htm

Chas.

[Charles L. Cotton]

Sorry, I hijacked this thread. If people want to discuss concealedhandgun.com more, I'll split the posts off under a new thread.

Chas.