open carry in texas -- all kinds of confusion

Midget

Midget

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so i'm posting here because 1) i don't have an account at glocktalk and 2) trust you guys at BF, and 3) ride a motorcycle.


i stumbled upon this pic and this thread on GT and am confused.


0bd2b365.jpg



it's a guy carrying a shotgun on his motorcycle.

and here's the thread.
http://www.glocktalk.com/forums/showthread.php?t=1277028




what confuses me is the responses by several TX members that say that would be legal as long as it's not carried in a threatening manner.




oh, and i have a CHL in texas as well.


and... i'm with the understanding that i most certainly can NOT carry a weapon *open carry* in TX. even if i *print* that could be construed as an intent with deadly force.



so are the guys at GT off their wagon, or is it actually legal to carry a rifle/shotgun open carry?

my guess is this has something to do with their motorcycle... is it b/c they don't have a trunk to carry it in?
 
I would think it is legal to transport, although because its not something you see everyday, it would look a little odd. But I can't say for sure because I don't live in Texas and have never carried a shotgun on a motorcycle before :D

I don't know about Texas, but in Oregon if you "print", it can be considered brandishing. Your explanation in Texas seems really extreme.
 
Funny picture. If that guy was riding here in the Netherlands, he'd have lots of cops around him within an hour and probably the AT too (AT is Dutch version of SWAT).
 
I know that here in MA, if it was unloaded, it might be ok. It is a long arm, and as such is classified differently than a handgun, which would need to be concealed. For instance, in MA, if you carry a loaded rifle or shotgun on a public way (read road) you would be in violation of statutory law.
 
Open Carry Pistols in AZ.

In the 1970s it was legal to openly carry holstered pistols in Arizona. My wife could not believe it when guys in Leather jackets came in to the restaurant with holstered six-guns strapped to their legs.

Later, we helped our neighbor, Jeff Cooper, build Gunsite, outside of Paulden, AZ. I helped Jeff train several AZ Sheriff's Departments with 1911s.

Everyone went everywhere with cocked and locked 1911s clearly visible. Civilian concealed carry was illegal.

AZ may be different now, but it was a very respectful place in the 1970s.
 
I can't quote the exact text but Texas treats long guns differently than handguns. You can open carry a long gun but not a handgun (with some exceptions like private property and hunting).
... and yes, I agree, it's stupid. Why treat long guns one way and handguns another :confused:

I've lived in Texas since 2001. While the state does a lot right, as far as 2A rights are concerned, this is one area where Texas definately needs to improve. It baffels me why OC of a handgun is illegal. As the OP pointed out, if I print while CC'ing I can face legal trouble but I can sling a 12 guage over my shoulder and and stoll down main street :-P
 
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Yeah, a friend of mine used to do that all the time with an AR15. I've walked down the street in downtown Houston with a rifle or shotgun on my way between my car and a gun show.

http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.42.htm
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

In other words, if it is not intended to alarm, then no offense.

Also: http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.46.htm
CHAPTER 46. WEAPONS
(b) Section 46.02 does not apply to a person who:
(2) is traveling;

(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;


So if he's going to target shoot, he's good.
 
It is not illegal to carry a SHOTGUN in the open, or a RIFLE as long as they are not used menacingly.
The permit is for a CONCEALED WEAPON if you don't conceal it, and you don't threaten anyone with it, you can carry it.

If you plan to conceal your weapon, you need a permit.

Same with knives, any knife past a certain size has to be kept in plain sight.
I love Texas, wish I still lived there.

kc
 
kevin -the professor said:
It is not illegal to carry a SHOTGUN in the open, or a RIFLE as long as they are not used menacingly.
The permit is for a CONCEALED WEAPON if you don't conceal it, and you don't threaten anyone with it, you can carry it.

If you plan to conceal your weapon, you need a permit.

Same with knives, any knife past a certain size has to be kept in plain sight.
I love Texas, wish I still lived there.

kc
Click to expand...

As stated in a previous post, the conceal carry permit is for handguns only. There are only a few instances where you can openly carry a handgun in Texas such as on your private property. Long guns have a different set of rules here. You can carry a shotgun or even your AR in the front seat of your car in the open but I suspect you will get lots of questions if you are stopped while doing such or someone looks in your car, freaks out and calls the law. Law abiding citizens of Texas can carry a concealed handgun in their car too with NO LICENSE. Legal age and legality of purchasing/owning a weapon (no criminals) are part of the criteria of course. It must be concealed. Therefore, you better figure that most folks are packin something, somewhere. Yeah, that includes grandma's and people you would never suspect of it.........
 
reader1 said:
Open Carry Pistols in AZ.

In the 1970s it was legal to openly carry holstered pistols in Arizona. My wife could not believe it when guys in Leather jackets came in to the restaurant with holstered six-guns strapped to their legs.
Click to expand...

With a few restrictions, it still is. As of this year, a permit is not required even to carry a concealed weapon in AZ. (Source)

Washington has similar laws, and there are some who are dedicated to carrying their weapons in the open, as a means of proselytizing for the rights of gun carriers. I prefer to keep my defense options to myself.

Even as a gun owner, if I saw that guy with the shotgun on his back, I'd be a bit uncomfortable, too. I guess it's kinda hard to conceal a shotgun on a motorcycle even when you have legitimate reason to carry it, but it's still a jarring sight.
 
It's totally legal to do in VA, A buddy of mine even carried a BA50 on his back on a honda shadow once. We put it in a duffle bag barrel up and then used several belts and some rope to tie the gun to his back so it would not shift.
 
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