30.06 Countermeasures

[longtooth]

Knife

[gigag04]

I carry right past them :)

[RPB]

I carry right past them :)

You stinker, so some anti-gun person (or new person) browsing here who doesn't know better doesn't get a wrong idea and thinks you are evil, you should explain that you have a right to as you are both a CHL AND a certified Peace Officer

(And I'm glad to have you as both, I feel safer when you young fellows who are in better shape than myself are armed and responsible, I'm too old to run away as fast as I once could)

I have never encountered a 30.06 sign except at a hospital, which didn't give me an option to "take business elsewhere, and inform them why" which would be my typical answer so I carry my knife and cane; but looking into purchasing an AOW to carry 3 or 4 rounds of "buckshot administration hardware" past the sign legally concealed....
IANAL

[Purplehood]

I carry a MAC10/9mm machine gun. 36rd mags, 1200 RPM! Even though its the size of a (very large, very heavy) pistol, it is not a handgun under Texas law...And if I switch the selector to semi, I can (barely) shoot it with one hand.

OK...OK...I don't really do this, but I could legally. And I do own one.

Hey apple ........ MAC10
Sorry, couldn't resist.

But seriously, my across the street neighbor was walking down the street with such a bag this morning, but he was using it to collect metal to recycle ..... he said.

Maybe he was collecting ammo casing...

[tooslow]

Hmmmm.. So if one gets a stock for a Glock and registers it as a SBR, they wouldn't be restricted by the CHL laws since it is now a SBR?

[BrianSW99]

After reading this post I had an epiphany, of sorts. I was looking for accessories for my glock and came across an advert for a stock. The ad also had the warning that if you own a glock pistol and bought the stock, you would then have to register the pistol as an SBR. So my idea is that if my glock is now registered as a short barreled rifle I should now be able to carry my “rifle” around anywhere and not be constrained by the handgun laws. I could even conceal that "rifle" and not have to have a CHL. I would just need to have the ATF tax paperwork with me whenever I am carrying that rifle around. Just a thought.

That may be correct for federal law, but I don't think the state laws would legally consider it a rifle.

[mmestx]

So, where would I be able to get clarification concearning the state definition of a glock that is registered as an SBR?

[Skiprr]

I must have been the only person thinking "gecko45" when I saw the thread title.

Nope. You weren't.

But geez, you know, I kinda miss gecko45. He was highly entertaining.

Knife

Have you been around John and me too long?

[denwego]

So, where would I be able to get clarification concearning the state definition of a glock that is registered as an SBR?

Short-barrled rifles/shotguns are still considered rifles and shotguns under state law, just a particularly restricted type. Vasquez v. State (1982) stated that a rifle whose barrel was shortened and stock completely removed didn't become a pistol, quoting "the definition referred to the design of the weapon, not to its present state after modification." That's supplemented by Ford v. State (1994), which said “the mere fact that a weapon may be defined as a handgun does not disqualify it from also being a short- barrel firearm. A weapon under twenty-six inches in length adapted from a shotgun makes it a short-barrel firearm regardless of whether it can be fired with one hand.”

Both of those cases refer to weapons which started off as long guns and were shortened, but I tend to believe that it would go the other way as well regarding handguns turned into SBRs. Those two cases would offer some strong precedent that a Glock turned into a SBR would still be considered a handgun based on its "original design," as well as also being a SBR which is regulated by §46.05. Thoughts?

[hirundo82]

Both of those cases refer to weapons which started off as long guns and were shortened, but I tend to believe that it would go the other way as well regarding handguns turned into SBRs. Those two cases would offer some strong precedent that a Glock turned into a SBR would still be considered a handgun based on its "original design," as well as also being a SBR which is regulated by §46.05. Thoughts?

I'd argue that a pistol registered as an SBR would still be considered by the state to be a handgun if carried without the stock attached (Texas law doesn't care about federal registration except as a defense to prosecution under §46.05), and would still be subject to the CHL restrictions. If carrying it with the stock attached it would be a "short-barreled firearm" per Texas law, and not subject to the CHL restrictions (§46.035)--where it could be carried would still be covered by §46.03 of course.

[Tristor]

I'm trying to clarify something here, as I've seen several references to it, but I'm not understanding how this works.

So, my understanding is that Texas issues Concealed Handgun Licenses, not Concealed Weapons Licenses or Concealed Carry Weapons Permits (i.e. it only allows for concealment of handguns, not other weapons).

So in this case, with the addition of a location that has a 30.06 sign posted, what is required in order to legally conceal carry an AOW/SBS (Serbu Super Shorty comes to mind)? I've seen several people mention this being legal, and I'm definitely interested in the possibility. So, can someone be a kind dear and link me to something explaining exactly how this legal interaction works that it's okay to conceal an AOW at all, much less past a 30.06 sign? On this same note, if it's legal past a 30.06 sign, I don't see why it wouldn't be legal to conceal carry an AOW elsewhere, so I wonder what would be considered the viability of shoulder-carrying (two-point sling under jacket/shirt?) a serbu super shorty as your EDC weapon? I'm pretty sure 4 rounds of buckshot beats 10 rounds of 9mm any day of the week.

[RPB]

I'm trying to clarify something here, as I've seen several references to it, but I'm not understanding how this works.

So, my understanding is that Texas issues Concealed Handgun Licenses, not Concealed Weapons Licenses or Concealed Carry Weapons Permits (i.e. it only allows for concealment of handguns, not other weapons).

So in this case, with the addition of a location that has a 30.06 sign posted, what is required in order to legally conceal carry an AOW/SBS (Serbu Super Shorty comes to mind)? I've seen several people mention this being legal, and I'm definitely interested in the possibility. So, can someone be a kind dear and link me to something explaining exactly how this legal interaction works that it's okay to conceal an AOW at all, much less past a 30.06 sign? On this same note, if it's legal past a 30.06 sign, I don't see why it wouldn't be legal to conceal carry an AOW elsewhere, so I wonder what would be considered the viability of shoulder-carrying (two-point sling under jacket/shirt?) a serbu super shorty as your EDC weapon? I'm pretty sure 4 rounds of buckshot beats 10 rounds of 9mm any day of the week.

I'm told ... The thing about the Super Shorty type guns in particular, are that while they are AOWs, they are subclassified under Federal law as smooth bore pistol category AOWs. (so, they are still pistols under Federal law, even if they don't fit Texas "handgun" definition well)

However a generic non-pistol AOW might work ... example: "cane gun"/"umbrella gun" ...."Zip gun"?.........etc with proper lengths etc (all I find are antiques though)....

30.06 only applies to handguns carried by a licensee, you could sling a shortened coach gun, which still complies to legal lengths etc. under the right coat maybe ..... or other non-pistol AOW or longarm

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club

[Tristor]

I'm trying to clarify something here, as I've seen several references to it, but I'm not understanding how this works.

So, my understanding is that Texas issues Concealed Handgun Licenses, not Concealed Weapons Licenses or Concealed Carry Weapons Permits (i.e. it only allows for concealment of handguns, not other weapons).

So in this case, with the addition of a location that has a 30.06 sign posted, what is required in order to legally conceal carry an AOW/SBS (Serbu Super Shorty comes to mind)? I've seen several people mention this being legal, and I'm definitely interested in the possibility. So, can someone be a kind dear and link me to something explaining exactly how this legal interaction works that it's okay to conceal an AOW at all, much less past a 30.06 sign? On this same note, if it's legal past a 30.06 sign, I don't see why it wouldn't be legal to conceal carry an AOW elsewhere, so I wonder what would be considered the viability of shoulder-carrying (two-point sling under jacket/shirt?) a serbu super shorty as your EDC weapon? I'm pretty sure 4 rounds of buckshot beats 10 rounds of 9mm any day of the week.

I'm told ... The thing about the Super Shorty type guns in particular, are that while they are AOWs, they are subclassified under Federal law as smooth bore pistol category AOWs. (so, they are still pistols under Federal law, even if they don't fit Texas "handgun" definition well)

However a generic non-pistol AOW might work ... example: "cane gun"/"umbrella gun" ...."Zip gun"?.........etc with proper lengths etc (all I find are antiques though)....

30.06 only applies to handguns carried by a licensee, you could sling a shortened coach gun, which still complies to legal lengths etc. under the right coat maybe ..... or other non-pistol AOW or longarm

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club

Right, I understand the legal definitions of handgun. My concern is that the statute that allows concealed carry of a handgun, does not allow concealed carry of any firearm other than a handgun, and since open carry is not legal in Texas, I'm trying to fathom how I would legally be able to carry an AOW or other concealed non-handgun weapon in a building marked with the 30.06 provision that disallows CHL holders from carrying their handgun?

[apostate]

Right, I understand the legal definitions of handgun. My concern is that the statute that allows concealed carry of a handgun, does not allow concealed carry of any firearm other than a handgun

It doesn't prohibit it either. I'm not aware of any Texas law prohibiting carrying concealed firearms, such as rifles and shotguns, in general (except for security guards on duty, and perhaps some other special cases) nor am I aware of any Texas statutes prohibiting concealing weapons such as pocket knives.

and since open carry is not legal in Texas

Open carry of handguns has some issues because of 46.035 but I'm not aware of any Texas law prohibiting openly carried weapons in general, such as rifles, shotguns, 4" hunting knives, etc.

Disclaimer: I'm not a lawyer