TexasCHLforum.com

cb1000rider wrote:

E.Marquez wrote: Do you know of a case where a Hunter, or someone going to the range, gun store, selling a rifle in a public place, ect was cited?
If you do, please post the link..
More so, while there have been a few case of activists being cited.. for violation of 42.01.. has there been any convection's? If so, please cite the case for my edification..

I can't cite any. I can site youtube videos where people called local municipal PDs to indicate that they were going to peacefully carry a long gun, and LEOs indicated that if they got a call they would arrest for disturbing the peace. For me, that's enough.

The problem with the arrest, to me, isn't loss of the CHL. It's that even the charge is massively punitive by nature - it's very likely to impact my employ-ability for a very long time, even assuming the charge gets tossed.

And the 1st Amendment guarantees free speech as a right,, yet you will be charged with DC if you scream "Fire " or "GUN " in a dark movie theater.

Your pont of being able to carry a long gun Everywhere.. anywhere because of what is in the 2nd amendment does not prove to be true or realistic, in the reality we live in. I'm guessing since the days or Kennedy, or maybe Lincoln.. you have not been able to "bear arms" near the president... even though the 2nd amendment says what it does.
There are many more places you may not "bare arms" these days for sure.. and I don't like it much myself But my not likening it does not change the reality of it.

tommyg wrote:Since we got off on the issue of long gums if you carry a long gun and the police
charge you with disturbing the peace then you get your CHL Revoked if convicted.
This makes open carry a long gun a crime

It seems only those trying to get arrested for disorderly conduct while open carrying a rifle have been recently reported.
Do you know of a case where a Hunter, or someone going to the range, gun store, selling a rifle in a public place, ect was cited?
If you do, please post the link..

More so, while there have been a few case of activists being cited.. for violation of 42.01.. has there been any convection's? If so, please cite the case for my edification..

Thanks

JALLEN wrote:I'm still somewhat concerned that police are being briefed about these gang members with shotguns, but not briefed adequately, or similarly, about ordinary citizens who might carry in the same way, both equally lawful, it seems.

Im not a LEO, and have in the real big picture only limited contact with LEO's I know ..
All I can say from my small port window view is.. The LEO's I know or have met, are fully aware of what is legal or not when it comes to open carry.
And yes, most of them in passing discussion have said, if they observed a person open carrying a long gun in a manner, or location that appear to be out of place, out of the norm, they would contact them... that contact may or may not move to detention and investigation depending on how the initial contact goes.

JALLEN wrote:

E.Marquez wrote: I was not tracking the common, or or even infrequent arrest of a citizen in Texas for the charge of carrying a loaded long gun in the vehicle.
If you would, can you cite a case? I'd love to read up on it.

Respectfully

Haven't there been a couple reported here on the Forum in the last year or so? I recall one, the fellow on a Boy Scout hike with his kid and AR type.

"in the vehicle" is probably legally irrelevant.

I started this part of the discussion talking about a long gun in a car....that was the specific type of "carry" of a loaded long gun I was focusing on, and what I thought you were replying to. I now understand, your lumping any carry of a long gun into the discussion.. My apologies i did not catch that.

Yes, a local activist went out to get arrested, and accomplished his goals.. Making sure his young son was present to capture it on video. A hung jury trial was the result, case is being retried last i heard. Likely there are other Open carry activists that have been arrested as well.. but that is not what i was discussing. Sorry for the confusion.

JALLEN wrote:

E.Marquez wrote:

JALLEN wrote: Assuming the shotgun is unloaded, I suppose.

Where do you derive the need for it to be unloaded?
Best I can tell, there is no law that regulates the carrying of a long gun in Texas.

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

Then why are folks arrested for it?

It seems this gang is getting a "King's X!"

I was not tracking the common, or or even infrequent arrest of a citizen in Texas for the charge of carrying a loaded long gun in the vehicle.
If you would, can you cite a case? I'd love to read up on it.

Respectfully

JALLEN wrote: Assuming the shotgun is unloaded, I suppose.

Where do you derive the need for it to be unloaded?
Best I can tell, there is no law that regulates the carrying of a long gun in Texas.

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

texanjoker wrote:
To add to that one would need PC for a vehicle stop. Having knowledge they may be carrying a gun is not good PC for a stop w/o actually seeing it. Now if they were doing 45 in a 25 school zone and happened to have a gun in the car in plain site one could consider taking additional measures. But then this is Texas and I imagine many many people violate this school zone law all the time.

As I rode along that shift... the stop that brought this issue to light was for a failure to indicate turn ..Sec. 545.104. SIGNALING TURNS; USE OF TURN SIGNALS, (b) An operator intending to turn a vehicle right or left shall signal continuously for not less than the last 100 feet of movement of the vehicle before the turn.

It was PC for contact, no citation was issued as license, registration, inspection sticker, insurance and both occupants checked out good and the operator did use the turn signals.. but only for a few feet...the officer I was with elected to educate vice cite.

JALLEN wrote:

E.Marquez wrote: Of note.. there is a Texas gang, fairly active in my area, that is known for keeping a shotgun on the back seat, openly displayed. The PD's know this and understand that upon contacting these gang members, they WILL SEE a shotgun in the car, legally carried in such a manner. ....When I was briefed on all that, it never occurred to me the logistics of those gang members moving from place of roost to place of gathering... without running afoul of the no guns School zone laws

So are you saying that Texas LEO's observe this criminal activity and refuse to enforce the laws they enforce on the rest of us, out of fear?

No sir.. not at all what I said...

IN Texas, we have a known gang, whose members know the law as it relates to a long gun inside a vehicle.. They openly carry (store) the gun in plain view on the back seat.

This in itself is perfectly legal.
Only when you bring in other variables (school zone, convicted felon, ect) does this action become illegal.
I'm told, they are pretty disciplined, officers do not find those displaying the long gun to be otherwise doing anything illegal (drugs in the car, felon in possession, warrants, convicted of family violence, ect)

The school zone thing has be wondering though... .. I don't know where every school in Central Texas is at, nor where the invisible 1000ft line is.
I doubt I could without serious recon and research move about Central Texas from home to the clubs / bar / pool halls / gathering areas common to gangs without running afoul of the law.

As does 41.02 (a) (8).... a LEO could, easily decide, that gun on the back seat was being displayed in a manner calculated to cause alarm. A DA or judge might disagree..... but it could be articulated i suppose to be a reasonable claim.

Keith B wrote:

Dave2 wrote:I'm pretty sure that the reduced speed limit signs don't denote the boundary of school property. Otherwise the school in my neighborhood would own a *lot* of houses.

But the Gun Free School Zone is all property within 1000 feet of a school, including private property. The deal is a private property owners get an exception on their property, but no one else does.

Which begs the question... How does your average citizen going about his live and daily travels know where every school in the state is and where this invisible 1000 foot line is?

Does the state produce a map with school zone overlay?

Does anyone one?

Of note.. there is a Texas gang, fairly active in my area, that is known for keeping a shotgun on the back seat, openly displayed. The PD's know this and understand that upon contacting these gang members, they WILL SEE a shotgun in the car, legally carried in such a manner. ....When I was briefed on all that, it never occurred to me the logistics of those gang members moving from place of roost to place of gathering... without running afoul of the no guns School zone laws