Original FW Gun Show question

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LSUTiger
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Re: Original FW Gun Show question

#31

Post by LSUTiger »

IANAL but AFAIK a magazine and/or ammo, whether together or separately, technically do not constitute a firearm and a loaded magazine can be carried concealed without a permit so 30.06 would not apply to either. (Unless they are classified as such for 30.06 purposes, but I don't recall ever reading or hearing anything to that effect. (To many ATF definitions and TX CHL rules!)

I disarm when necessary but sometimes have forgotten and keep my spare mag on me.

So I ask for opinions, can you legally carry a loaded magazine on your person CHL or not, 30.06 or not? Is there any type of "constructive possession/intent" issues that come into play? And if I were to have loaded spare mags on my person concealed while properly checking in an openly displayed unloaded weapon with unloaded spare magazine at the gun show would I be in violation of 30.06 or any other laws?

EDIT:
A police officer once tried to convince me that the magazine is a firearm because it is part of the firearm. I tried to explain, no its not, I can buy it with out an FFL (just as I can ammo and other gun parts), the part with the serial number is the firearm. We were discussing what constitutes display of a firearm (accidental, if your shirt comes up type stuff, no longer applies now but it did then) for TX CHL. Now if the magazine is in the gun at the time then and it can be seen then yes, it is not concealed. But a magazine and ammo alone visible is not a crime.
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