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by srothstein
Fri Mar 20, 2020 8:53 am
Forum: General Texas CHL Discussion
Topic: Texas Law regarding Open Carry of Firearm
Replies: 21
Views: 15886

Re: Texas Law regarding Open Carry of Firearm

broberts001 wrote: Fri Mar 20, 2020 5:22 amBut, 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.
I believe you meant to say the length is <26" not greater than. Under state law that makes it a pistol. Under federal law, I believe it also makes it a pistol. By not having a stock it is designed to be fired with one hand, which is the requirement for a pistol.

So, I think you can carry it openly if you have an LTC and it is in a shoulder holster or belt holster.

EDIT TO CORRECT MY MISINTERPRETATION OF THE QUESTION:


My earlier answer was based on a mistake I made that some of the others seem to have gotten correct.

So, I think you can carry it openly if you have an LTC and it is in a shoulder holster or belt holster.[/quote]

When you said a vertical grip, I took it as the pistol grip. Several others have shown ARs with vertical foregrips. A vertical foregrip means it is not designed to be fired by one hand. That removes it from the pistol definition under both federal and state law. The lack of a stock removes it from the federal rifle definition (designed to be fired from the shoulder). But in Texas, the state law does not define rifles. It regulates pistols and leaves everything else alone. Since it is not a pistol, you do not need to have it in a holster and you do not need to have an LTC to carry it.

I agree that you can carry it on a sling over your shoulder or on your back.

I do want to remind you that just because you can doesn't mean you should. I would expect that there are going to be a lot of "man with a gun" calls to the local police and I will not guarantee that every officer is going to be as up to date on the laws as the people in this forum. You may end up on a trip to the local county jail for a visit. I am sure you would win the court case, but the stay will not be pleasant and could be expensive.

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