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-   -   Texas gun laws (http://goldismoney.info/forums/showthread.php?t=337225)

cigarlover 01-07-2009 08:56 AM

Texas gun laws
 
I gotta say from what i have seen you guys o things right down there. Very similar to NH and Vermont. I also noticed the right to defend yourself and use deadly force was relaxed. Very nice. Only thing left to do is convince them that state law trumps Federal law and yall can be carry machine guns too!!

The Argent Dragon 01-07-2009 09:10 AM

Re: Texas gun laws
 
The Castle Doctrine was a HUGE improvement down here. :wink:

Personally, I'd like to see an OPEN-CARRY law passed.

cigarlover 01-07-2009 09:18 AM

Re: Texas gun laws
 
Oh I missed that??? What is the carry law? Concealed only? NH has open carry. Scares the crap out of a lot of people though LOL. You would think they would feel safer knowing law abiding citizens were close by with weapons to defend against a criminal. LOL

The Argent Dragon 01-07-2009 09:33 AM

Re: Texas gun laws
 
Quote:

Originally Posted by cigarlover (Post 1499605)
Oh I missed that??? What is the carry law? Concealed only? NH has open carry.....

We have CHL = Concealed Handgun License which allows you to carry concealed only as long as it's not in a school or other prohibited public facility.

Hey, I just found out there's reciprocity which means a CHL is good in several states.
Checkout this link : http://www.txdps.state.tx.us/adminis...eciprocity.htm

The Argent Dragon 01-07-2009 09:39 AM

Re: Texas gun laws
 
For those visiting California, here's a heads up.

I live in another state and have a permit to carry a concealed handgun that was issued in my home state. Does my permit allow me to carry a concealed handgun while in California?

No. Weapons permits from other states are not valid in California.

http://ag.ca.gov/firearms/pubfaqs.php#29

:s15:

madfranks 01-07-2009 09:49 AM

Re: Texas gun laws
 
Uh oh, just found this one too:

I live in California and have a permit to carry a concealed handgun that was issued in this state. I was arrested for possesion of a handgun even though I had my permit with me - am I allowed to carry a concealed handgun in California?

NO. Even weapons permits from California are not valid in California.

CattleRancher 01-07-2009 11:25 AM

Re: Texas gun laws
 
Quote:

Originally Posted by The Argent Dragon (Post 1499591)
The Castle Doctrine was a HUGE improvement down here. :wink:

Personally, I'd like to see an OPEN-CARRY law passed.

It has been reported that an open carry bill will be introduced in the current session of the Texas Legislature by Rep. Debbie Riddle, a Republican from Tomball Texas.

cigarlover 01-07-2009 11:47 AM

Re: Texas gun laws
 
Quote:

Originally Posted by madfranks (Post 1499667)
Uh oh, just found this one too:

I live in California and have a permit to carry a concealed handgun that was issued in this state. I was arrested for possesion of a handgun even though I had my permit with me - am I allowed to carry a concealed handgun in California?

NO. Even weapons permits from California are not valid in California.

Now thats funny right there. LMAO!!! Sadly massachusettes is right behind ya, or maybe in front.

cigarlover 01-07-2009 11:53 AM

Re: Texas gun laws
 
Quote:

Originally Posted by The Argent Dragon (Post 1499640)
We have CHL = Concealed Handgun License which allows you to carry concealed only as long as it's not in a school or other prohibited public facility.

Hey, I just found out there's reciprocity which means a CHL is good in several states.
Checkout this link : http://www.txdps.state.tx.us/adminis...eciprocity.htm


Yea some one sided agreements.. LOL He allows Ma residents to carry there but Ma doesnt allow anyone to carry LOL. Depends on where you live actually. In my town the cheif wont issue any carry permits. Guess he's gonna come and protect me when Im walkin down the road and get jacked.

NH and Vermont arent on the list either. I guess its too easy to get a carry permit up there. I think one might not be needed.

Ringhunter 01-07-2009 01:15 PM

Re: Texas gun laws
 
Picked up a P38 at a flea market in Texas years ago, just loaded it and stuck it in my belt no one even seemed to notice. Ah the good ole days

Iptuous 01-07-2009 01:21 PM

Re: Texas gun laws
 
Also, we have state law against machine guns, except as allowed by federal law.

JJ_ 01-07-2009 01:28 PM

Re: Texas gun laws
 
Quote:

Originally Posted by CattleRancher (Post 1499831)
It has been reported that an open carry bill will be introduced in the current session of the Texas Legislature by Rep. Debbie Riddle, a Republican from Tomball Texas.

God bless her...


Hope it Passes

EE_ 01-07-2009 01:29 PM

Re: Texas gun laws
 
Does anyone know the law in Texas for vehicle carry.
Is it like FL and AZ, where you can keep a loaded handgun in the glove compartment, on the seat or dash, as long as it is in a holster?

Iptuous 01-07-2009 01:31 PM

Re: Texas gun laws
 
Quote:

Originally Posted by EE_ (Post 1500099)
Does anyone know the law in Texas for vehicle carry.
Is it like FL and AZ, where you can keep a loaded handgun in the glove compartment, on the seat or dash, as long as it is in a holster?

I believe so. since the castle doctrine law passed....

scottymonger 01-07-2009 01:42 PM

Re: Texas gun laws
 
If you don't have a Texas CHL, the statute says you can't conceal a handgun in your car unless you are "traveling". What does travelling mean? The case law is all over the place. The statute needs to be re-written to define "travelling" more precisely.

Carry of handguns "on or about one's person" on foot or in a vehicle is explicitly prohibited by statute. "On or about one's person" has been defined by the Texas courts to include any handgun within arm's reach of an individual whether concealed or open. Under one's seat, on the dash, in the glove compartment or even in the backseat are spatial positions which have been held to be "on or about one's person." Texas law, however, exempts individuals who are carrying handguns for self-protection while traveling across Texas on a "bonafide" journey or engaged in a lawfully related firearm activity such as hunting or target shooting. Although police should not arrest an individual who falls within these exemptions, any doubt as to a person's true intentions could result in a delay or an overnight jail stay.

As I understand it, the "Castle Doctrine" allows for the use of deadly force under certain circumstances, at your residence, in your car, or at your workplace. I don't think that it overrides the CHL statute and the case law pertaining to carrying a gun in your vehicle without a CHL.

JJ_ 01-07-2009 01:50 PM

Re: Texas gun laws
 
Quote:

Originally Posted by EE_ (Post 1500099)
Does anyone know the law in Texas for vehicle carry.
Is it like FL and AZ, where you can keep a loaded handgun in the glove compartment, on the seat or dash, as long as it is in a holster?

yup - just recently changed

you're allowed to keep a loaded handgun "on or about your person" yet concealed in your vehicle lawfully without a Concealed Handgun License.


Had a nasty little discussion with my lil bro -- (cop) over that one.

JJ_ 01-07-2009 01:51 PM

Re: Texas gun laws
 
Quote:

Originally Posted by scottymonger (Post 1500126)
If you don't have a Texas CHL, the statute says you can't conceal a handgun in your car unless you are "traveling". What does travelling mean? The case law is all over the place. The statute needs to be re-written to define "travelling" more precisely.

Carry of handguns "on or about one's person" on foot or in a vehicle is explicitly prohibited by statute. "On or about one's person" has been defined by the Texas courts to include any handgun within arm's reach of an individual whether concealed or open. Under one's seat, on the dash, in the glove compartment or even in the backseat are spatial positions which have been held to be "on or about one's person." Texas law, however, exempts individuals who are carrying handguns for self-protection while traveling across Texas on a "bonafide" journey or engaged in a lawfully related firearm activity such as hunting or target shooting. Although police should not arrest an individual who falls within these exemptions, any doubt as to a person's true intentions could result in a delay or an overnight jail stay.

As I understand it, the "Castle Doctrine" allows for the use of deadly force under certain circumstances, at your residence, in your car, or at your workplace. I don't think that it overrides the CHL statute and the case law pertaining to carrying a gun in your vehicle without a CHL.

I believe that's the old statute.

Changed in September of '07

edit:
I'll try to post the statute later tonight... can't now.

EE_ 01-07-2009 01:53 PM

Re: Texas gun laws
 
Quote:

Originally Posted by JJ ShortStroke (Post 1500146)
yup - just recently changed

you're allowed to keep a loaded handgun "on or about your person" yet concealed in your vehicle lawfully without a Concealed Handgun License.


Had a nasty little discussion with my lil bro -- (cop) over that one.

Tanks!.....

scottymonger 01-07-2009 01:57 PM

Re: Texas gun laws
 
JJ you are right. Here is the new one


New Texas Gun Laws

Today's the day Texas laws passed during the 80th Legislature take effect:

Legal, stowed weapons okay in vehicle

Reacting to Texas prosecutors who'd continued to arrest legal gun owners in spite of the Legislature's intent in a bill from 2005, this year the Texas Legislature set in stone the rights of legal gun owners to carry a weapon in their vehicle without violating the law.

The new statute says an individual cannot be charged with unlawfully carrying a weapon (UCW) in their personal vehicle unless:

the handgun is in plain view (not found as a result of a consent search),
the person is engaged in criminal activity other than traffic violations,
the person is legally disallowed from owning a weapon (e.g., past criminal convictions), or
The person's name is in the state of Texas' criminal street gang database.


Otherwise, if the weapon is concealed on your person or somewhere in the vehicle out of plain sight, and none of the other restrictions apply to you, it's now legal to carry a handgun in your car. N.b., even with the passage of this new law, the safest bet in Texas to avoid being hassled over your weapon is to get a concealed carry license. Then you're home free no matter what and don't have prosecutors sitting around thinking up reasons to apply exceptions to this new statute.

Changes to concealed carry statutes
Speaking of CCLs, holders of concealed handgun permits will only have to renew their permit every 10 years instead of five, as the law previously stood. In addition, the names of CCL permit holders will no longer be public records.


Castle Doctrine
This bill changed less in Texas' statutes, which already protected homeowners who shot burglars and trespassers pretty strongly, than in other states where it has passed. San Marcos Police Chief Howard Williams said that even under the new law, a homeowner must "have an articulable fear for your safety.” That's still the case under the new statute.

JJ_ 01-07-2009 01:59 PM

Re: Texas gun laws
 
gotta link?

I'm still going to try to link to the state statute later...

scottymonger 01-07-2009 02:01 PM

Re: Texas gun laws
 
Quote:

Originally Posted by JJ ShortStroke (Post 1500164)
gotta link?

I'm still going to try to link to the state statute later...

Link to the Statute:

http://www.capitol.state.tx.us/tlodo...l/HB01815F.htm


Link to the article posted above:

http://gritsforbreakfast.blogspot.co...-gun-laws.html

EE_ 01-07-2009 02:08 PM

Re: Texas gun laws
 
Quote:

Originally Posted by scottymonger (Post 1500159)
JJ you are right. Here is the new one


New Texas Gun Laws

Today's the day Texas laws passed during the 80th Legislature take effect:

Legal, stowed weapons okay in vehicle

Reacting to Texas prosecutors who'd continued to arrest legal gun owners in spite of the Legislature's intent in a bill from 2005, this year the Texas Legislature set in stone the rights of legal gun owners to carry a weapon in their vehicle without violating the law.

The new statute says an individual cannot be charged with unlawfully carrying a weapon (UCW) in their personal vehicle unless:

the handgun is in plain view (not found as a result of a consent search),
the person is engaged in criminal activity other than traffic violations,
the person is legally disallowed from owning a weapon (e.g., past criminal convictions), or
The person's name is in the state of Texas' criminal street gang database.


Otherwise, if the weapon is concealed on your person or somewhere in the vehicle out of plain sight, and none of the other restrictions apply to you, it's now legal to carry a handgun in your car. N.b., even with the passage of this new law, the safest bet in Texas to avoid being hassled over your weapon is to get a concealed carry license. Then you're home free no matter what and don't have prosecutors sitting around thinking up reasons to apply exceptions to this new statute.

Changes to concealed carry statutes
Speaking of CCLs, holders of concealed handgun permits will only have to renew their permit every 10 years instead of five, as the law previously stood. In addition, the names of CCL permit holders will no longer be public records.


Castle Doctrine
This bill changed less in Texas' statutes, which already protected homeowners who shot burglars and trespassers pretty strongly, than in other states where it has passed. San Marcos Police Chief Howard Williams said that even under the new law, a homeowner must "have an articulable fear for your safety.� That's still the case under the new statute.

Doesn't state anything about having to be in a holster, or in the glove compartment.

scottymonger 01-07-2009 02:16 PM

Re: Texas gun laws
 
No, it doesn't have to be in a holster or in the glove compartment.

My guess is that the less "stowed" the weapon is, the more hassle you will get from the cops.

The Argent Dragon 01-07-2009 02:57 PM

Re: Texas gun laws
 
Quote:

the handgun is in plain view (not found as a result of a consent search),
So technically you could have your Glock inside a Glock case in your front seat since the gun is not in plain view - it's in a case.

.......not that I'd practice that though.

:tongue_ma:

latitude22 01-07-2009 02:59 PM

Re: Texas gun laws
 
Nothing beats florida, it's the friggin wild west out here. Castle laws in florida and texas both are lax.

cigarlover 01-07-2009 03:00 PM

Re: Texas gun laws
 
Lots o good info. Thanks guys.

In regards to the machine gun, I thought it was subject to Federal law but there was no state law. So if you get a federal permit you are free to have one in Tx. That would be great. I could use an m 60 when I go grocery shopping.

The Argent Dragon 01-07-2009 03:02 PM

Re: Texas gun laws
 
Quote:

Originally Posted by cigarlover (Post 1500294)
Lots o good info. Thanks guys.

In regards to the machine gun, I thought it was subject to Federal law but there was no state law. So if you get a federal permit you are free to have one in Tx. That would be great. I could use an m 60 when I go grocery shopping.

You're correct......there are no state restrictions.

NFA and GCA govern federally.

latitude22 01-07-2009 03:05 PM

Re: Texas gun laws
 
How works in here in florida (i've had this convo with my FFL) is you get the sheriff to sign off, then you pay the $250 stamp tax to the feds, then you have to buy a PRE-BAN rifle, you cannot buy a fully auto rifle from a local manufacturer, it has to be preban and they aint cheap.

The Argent Dragon 01-07-2009 03:09 PM

Re: Texas gun laws
 
Quote:

Originally Posted by latitude22 (Post 1500303)
........you get the sheriff to sign off, then you pay the $250 stamp tax to the feds, then you have to buy a PRE-BAN rifle, you cannot buy a fully auto rifle from a local manufacturer, it has to be preban and they aint cheap.

Same here........in fact the Federal Law mandates citizens cannot purchase or own machine gun made after 1986

Firearm Owners Protection Act of 1986

http://www.gunlawnews.org/FOPA-86.html

:wink:

latitude22 01-07-2009 03:11 PM

Re: Texas gun laws
 
Quote:

Originally Posted by The Argent Dragon (Post 1500314)
Same here........in fact the Federal Law mandates citizens cannot purchase or own machine gun made after 1986

Firearm Owners Protection Act of 1986

http://www.gunlawnews.org/FOPA-86.html

:wink:

Yea I thought it would be really cool to have a full auto until I found it was going to cost 5k.


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Gold & Silver Forum - Texas gun laws
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-   Firearms (http://goldismoney.info/forums/forumdisplay.php?f=159)
-   -   Texas gun laws (http://goldismoney.info/forums/showthread.php?t=337225)

Heimdhal 01-07-2009 03:14 PM

Re: Texas gun laws
 
Quote:

Originally Posted by latitude22 (Post 1500303)
How works in here in florida (i've had this convo with my FFL) is you get the sheriff to sign off, then you pay the $250 stamp tax to the feds, then you have to buy a PRE-BAN rifle, you cannot buy a fully auto rifle from a local manufacturer, it has to be preban and they aint cheap.

Hey lat, where in florida are ya? Im in the south east.

While its true that the pre ban machine guns are insanley expensive, they also gain about 1/3 of their value every year or so. Buy one for a couple k, and in a few years itll be worth considerably more.

So not only are they fun to own, but they are a very good investment vehicle. Guns genrealy seem to outpreform gold and silver in wealth retention and preservation.

The Argent Dragon 01-07-2009 03:27 PM

Re: Texas gun laws
 
I'd like to own one of these babies :

http://www.ohioordnanceworks.com/mis...ID%2018349.jpg
H&K F.R. Germany H&K 21, .308 Cal
HK 21 built out of G3 by Valmer.
(New)
$18,500.00
Ref # 18349


http://www.ohioordnanceworks.com/mis...nsferable.html

latitude22 01-07-2009 04:25 PM

Re: Texas gun laws
 
Quote:

Originally Posted by Heimdhal (Post 1500338)
Hey lat, where in florida are ya? Im in the south east.

While its true that the pre ban machine guns are insanley expensive, they also gain about 1/3 of their value every year or so. Buy one for a couple k, and in a few years itll be worth considerably more.

So not only are they fun to own, but they are a very good investment vehicle. Guns genrealy seem to outpreform gold and silver in wealth retention and preservation.

On the Treasure Coast right now, wish we were in the bahama (we usually are by now) but due to circumstances beyond our control we're here for a while.

JJ_ 01-07-2009 04:28 PM

Re: Texas gun laws
 
Quote:

Originally Posted by The Argent Dragon (Post 1500367)
I'd like to own one of these babies :

http://www.ohioordnanceworks.com/mis...ID%2018349.jpg
H&K F.R. Germany H&K 21, .308 Cal
HK 21 built out of G3 by Valmer.
(New)
$18,500.00
Ref # 18349


http://www.ohioordnanceworks.com/mis...nsferable.html


:36_1_25:

GOOOD GRIEF man

I'll only drop that kinda cash on something I can drive

Heimdhal 01-07-2009 05:37 PM

Re: Texas gun laws
 
Quote:

Originally Posted by latitude22 (Post 1500486)
On the Treasure Coast right now, wish we were in the bahama (we usually are by now) but due to circumstances beyond our control we're here for a while.

Im in Palm beach, myself. With the weather we've been having latley, feels like we might as well be in the bahamas for the summer...freaking 80 degress with 90% humidity in JANUARY.....:36_1_63:

wallew 01-07-2009 05:55 PM

Re: Texas gun laws
 
Quote:

Originally Posted by JJ ShortStroke (Post 1500495)
GOOOD GRIEF man I'll only drop that kinda cash on something I can drive

JJSS,

It funny you should say that. It used to be that's what people said about automobiles. You know, something like, 'that car cost HOW MUCH? I'll only drop that kinda cash on a HOUSE'.

I guess you don't want to know what a really nice example of a Ma Deuce is worth these days? Think three to five times that as a start and they just go up from there.

Of course, Carroll Shelby recently sold his personal Shelby Cobra for $5.5 million, so it's all relative. And what did YOUR house cost you? No, don't tell us, just think about it.

latitude22 01-07-2009 05:56 PM

Re: Texas gun laws
 
Quote:

Originally Posted by wallew (Post 1500672)
JJSS,

It funny you should say that. It used to be that's what people said about automobiles. You know, something like, 'that car cost HOW MUCH? I'll only drop that kinda cash on a HOUSE'.

I guess you don't want to know what a really nice example of a Ma Deuce is worth these days? Think three to five times that as a start and they just go up from there.

Of course, Carroll Shelby recently sold his personal Shelby Cobra for $5.5 million, so it's all relative. And what did YOUR house cost you? No, don't tell us, just think about it.

Hey who knows maybe it will be "I only drop that kinda cash on a loaf of bread soon" :rant:

latitude22 01-07-2009 05:58 PM

Re: Texas gun laws
 
Quote:

Originally Posted by Heimdhal (Post 1500636)
Im in Palm beach, myself. With the weather we've been having latley, feels like we might as well be in the bahamas for the summer...freaking 80 degress with 90% humidity in JANUARY.....:36_1_63:

I'm just bitter we're stuck here for the winter, I haven't had to deal with the snowbird traffic for a couple of years and it was nice. LOL we're usually not seeing people for 2 or 3 weeks at a time this time of year!

Heimdhal 01-07-2009 06:06 PM

Re: Texas gun laws
 
Quote:

Originally Posted by latitude22 (Post 1500678)
I'm just bitter we're stuck here for the winter, I haven't had to deal with the snowbird traffic for a couple of years and it was nice. LOL we're usually not seeing people for 2 or 3 weeks at a time this time of year!

wow, that sounds fantastic! I dont blame ya, i want to run away from all the snow birds too. We need some hurricanse this year to scare them off for a while. I didnt see nearly as many snow birds in 05 and 06 after the 04-05 hurricane season, they were all too scared!

The Argent Dragon 01-07-2009 06:06 PM

Re: Texas gun laws
 
Quote:

Originally Posted by JJ ShortStroke (Post 1500495)
GOOOD GRIEF man

I'll only drop that kinda cash on something I can drive

Hey, I can dream can't I ??? ......it's a helluva lot cheaper than a Ferrari. But let's look at something a tad more reasonable, ehh ?

Like new condition Powder Springs M10 in 45ACP. Guns is in great condition shot very little, comes with 1 factory mag. Price $3,800


http://www.llmachineguns.com/L___L_Machine_Guns.php

The Argent Dragon 01-07-2009 06:09 PM

Re: Texas gun laws
 
Quote:

Originally Posted by wallew (Post 1500672)
I guess you don't want to know what a really nice example of a Ma Deuce is worth these days?

Well, this one might not be whatcha call 'nice' but it is very shootable.

http://www.ohioordnanceworks.com/mis...ID%2018601.jpg
E.R. Maples M2 HB, .50 Cal.
Maples .50 gaged and tested by OOW.
Includes: M3 Tripod with pintel and T&E
(Excellent Plus Condition)
$25,000.00

cigarlover 01-07-2009 08:08 PM

Re: Texas gun laws
 
Quote:

Originally Posted by The Argent Dragon (Post 1500314)
Same here........in fact the Federal Law mandates citizens cannot purchase or own machine gun made after 1986

Firearm Owners Protection Act of 1986

http://www.gunlawnews.org/FOPA-86.html

:wink:


This goes back to the question i asked the other day. Does federal law trump state law? Are states sovereign or arent they? In a recent SC case on MJ the courts refused to hear a case and let the states decide, which is the way it should be. I understand the states rearely feel the same way and rarely tell the feds to butt out but .. well you know..

JJ_ 01-08-2009 09:51 AM

Re: Texas gun laws
 
Quote:

Originally Posted by wallew (Post 1500672)
Of course, Carroll Shelby recently sold his personal Shelby Cobra for $5.5 million, so it's all relative. And what did YOUR house cost you? No, don't tell us, just think about it.


Yeah - and relatively speaking - form a middle class POV -
Its FREAKING EXPENSIVE for a weapon. - ESPECIALLY an MBR in .308 that would rarely be fired FA.

A good man has to live within his means - and from that perspective is where I make that comment from.:yes:

The Argent Dragon 01-08-2009 09:57 AM

Re: Texas gun laws
 
Quote:

Originally Posted by JJ ShortStroke (Post 1501804)
A good man has to live within his means -

Is this within your means ?

http://www.ohioordnanceworks.com/mis...ID%2018368.jpg
Daniel S.W. Inc. M-11, .380 Cal.
Brand new in the box M-11 Cobray in .380.
Includes: 1 magazine and magazine loader and manual.
(New in Box)
$2,800.00
Ref # 18368


:s9:

JJ_ 01-08-2009 12:41 PM

Re: Texas gun laws
 
I'm sorry - did you just confuse me for a good man?:wink:






bancha


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