Driving with a loaded Shotgun in San Antonio is illegal...

[pbwalker]

News to me. Unless I am misunderstanding.

Sec. 21-16. Carrying loaded rifle or shotgun.
It shall be unlawful for any person, other than duly authorized peace officers, to carry a loaded rifle or shotgun on any public street within the city or in a motor vehicle while the same is being operated on any public street within the city.
(Code 1959, § 26-28)
Cross references: Regulation of firearms and weapons, § 21-151 et seq.

Is this common?

[bdickens]

I'll bet the State Legislature would like to know about that.

[KBCraig]

Invalid and un-enforceable above the municipal court level.

[flintknapper]

San Antonio has just gone "crazy", have they not?


I thought AUSTIN was supposed to be the liberal bastion of the state.

[John]

San Antonio has just gone "crazy", have they not?


I thought AUSTIN was supposed to be the liberal bastion of the state.

I believe I recall that it is illegal to carry a knife on your person in San Antonio. Am i remembering correct?

[bdickens]

They might think it is, but I'm sure the state has other ideas. One of you guys from San Antonio should probably PM Mr. Cotton to ask what to do.

[flintknapper]

San Antonio has just gone "crazy", have they not?


I thought AUSTIN was supposed to be the liberal bastion of the state.

I believe I recall that it is illegal to carry a knife on your person in San Antonio. Am i remembering correct?

A "locking" folding knife IIRC, but I don't remember the particulars.

This may be it:

Code 1959:

Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.

a. It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5 1/2) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.
b. The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:
1. In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;
2. On his own premises or premises under his control;
3. Traveling;
4. Engaged in lawful hunting, fishing or other lawful sporting activity; or
5. Using such a knife in connection with a lawful occupation, during such utilization.



Ridiculous!

[Charles L. Cotton]

News to me. Unless I am misunderstanding.

Sec. 21-16. Carrying loaded rifle or shotgun.
It shall be unlawful for any person, other than duly authorized peace officers, to carry a loaded rifle or shotgun on any public street within the city or in a motor vehicle while the same is being operated on any public street within the city.
(Code 1959, § 26-28)
Cross references: Regulation of firearms and weapons, § 21-151 et seq.

Is this common?

It's neither common nor enforceable. It's preempted by State law. San Antonio has a lot like Jersey City, NJ -- it thinks it's not subject to state law.

Chas.

[couzin]

Please let me know if I am reading it wrong - but doesn't the statute state "handgun" in the revised law and not the generic "firearm"? Therefore, wouldn't a "loaded" long gun be illegal anywhere in Texas? Or only when you try to conceal it? Handgun is defined by the statute as:

§ 46.01. DEFINITIONS. In this chapter:
...(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand(emphasis added).

Of course - there are those pistol grip type shotguns that could probably be used one-handed...

The statute itself reads in part:

§ 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 the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

It says handgun, illegal knife, club, in this part, and only mentions "firearm" later with reference to those persons 'prohibited from owning a firearm' (felons and other prohibited persons)?????

[srothstein]

You missed that Section 46.02 also mentions only handguns for being carried unlawfully. In general, a long gun is not illegal to carry in Texas.

[Liko81]

Invalid and un-enforceable above the municipal court level.

Unenforceable AT the municipal court level; a municipal court judge must adhere to State law as well and the Texas Constitution's "but the Legislature" clause, however maligned, gives effective pre-emption. I think your statement could be better said along the lines of "impossible to convict beyond the municipal court level, and if so, easily overturned on appeal", but that's longer.

[GrillKing]

Invalid and un-enforceable above the municipal court level.

Unenforceable AT the municipal court level; a municipal court judge must adhere to State law as well and the Texas Constitution's "but the Legislature" clause, however maligned, gives effective pre-emption. I think your statement could be better said along the lines of "impossible to convict beyond the municipal court level, and if so, easily overturned on appeal", but that's longer.

So what would a municipal court conviction do to you? I mean as far as your ability to purchase firearms, keep your CHL, etc. Would it just be the equivilent of a traffic violation?

Thanks.

[Pinkycatcher]

Invalid and un-enforceable above the municipal court level.

Unenforceable AT the municipal court level; a municipal court judge must adhere to State law as well and the Texas Constitution's "but the Legislature" clause, however maligned, gives effective pre-emption. I think your statement could be better said along the lines of "impossible to convict beyond the municipal court level, and if so, easily overturned on appeal", but that's longer.

So what would a municipal court conviction do to you? I mean as far as your ability to purchase firearms, keep your CHL, etc. Would it just be the equivilent of a traffic violation?

Thanks.

Nothing, you would just appeal it to the state court, where you would win, but spend money doing it.

[GrillKing]

But what if you didn't appeal? What's the worse case scenario? $500. fine? Lose CHL? etc.

[LarryH]

You'd have to look at the city code and see whether the offense was a Class C, B or A misdemeanor or (shudder) a felony.

A class C would have no effect, a B or A would make you ineligible for a CHL for (IIRC) 10 years and a felony would make you permanently ineligible (with certain exceptions, I think).

If you looked at the CHL laws (and there's a link to them somewhere on the forum), you can read the specifics.