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Discussion Starter · #1 ·
The wife and I have been in Austin, TX over the weekend. Nice area but I know it's a very liberal area. Anyone from the Texas area aware of any particular antigun laws or legislation particulaly in Austin? Can you have SBR's, machine guns, and suppressors there?
 

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What the law says and what some LEO's and prosecutors do sometimes do not agree. Some will still arrest and let the court(s) decide.

Here goes! ;D
NOTE: ALL BOLD items are my emphasis.
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§ 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.


(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.


(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
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:duh:

The law states that you can have a handgun, illegal (under Texas law) knife or club, if you are in your own premises or premises under your control (rented, leased, etc.) and you can carry the handgun or illegal weapon while en-route to your vehicle, but does not define what "en-route to" means (rest assured, test cases are in the future). The vehicle has to be owned, or under the control of the individual with the handgun. [I WOULD BE CAREFUL ABOUT THE ILLEGAL ITEMS. Check the following link and look under Chapter 46. http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm]

The law allows Texans (any person/individual) to carry guns in their cars, even without a concealed handgun license. As long you meet the law's other requirements – such as not being a gang member, refraining from criminal acts and keeping the gun out of sight. [Make sure that is is out of sight.]

Don't carry anywhere alcohol is sold/consumed. There are some exceptions for Concealed Handgun Licensees, (and people who's CHL's are recognized by TEXAS) but they are very specific exceptions.

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This is not all inclusive, but for people visiting TEXAS, this is a start.
:banghead:
 

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The wife and I have been in Austin, TX over the weekend. Nice area but I know it's a very liberal area. Anyone from the Texas area aware of any particular antigun laws or legislation particulaly in Austin? Can you have SBR's, machine guns, and suppressors there?
SBR's, machine guns, and suppressors can be obtained in TEXAS, just comply with federal laws.

NOTE: Under TEXAS law, possession of any of the above is a defense to prosecution if registered pursuant to the NFA. In other words, you may still be arrested for having one of the above, but you can spend a lot of money defending yourself in court. MOST, but not all, LEO's do not have any problem if you have the NFA paperwork with you. :duh:

§ 46.05. PROHIBITED WEAPONS.

(a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1 an explosive weapon;
(2 a machine gun;
(3 a short-barrel firearm;
(4 a firearm silencer;
(5 a switchblade knife;
(6 knuckles;
(7 armor-piercing ammunition;
(8 a chemical dispensing device; or
(9 a zip gun.
(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.
(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio; or
(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b).
(e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in which event, it is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:
(1) provided by the Commission on Law Enforcement Officer Standards and Education; or
(2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.
(g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.


Quiz on Texas Gun Laws. [Not complete, just fun.]

http://crime.about.com/library/blgunquiz_tx.htm

For more information, http://www.gunlaws.com/tgogup4.htm
 

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Thank you AWXCR

I figured if anyone would have the scoop on Texas laws - you would!
 

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Discussion Starter · #6 ·
Thanks guys. I'll be doing more extensive research but I needed an initial answer as quickly as possible. I'm in Indiana and I can have all the goodies I want as long as I comply with NFA rules etc. Does Texas as a state have a Concealed carry permit that is attainable?
 

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A Texas Concealed Handgun License is fairly easy to obtain. You have to attend a class of at least 10 hours and qualify with a handgun. If you qualify with a revolver, you can only carry a revolver. If you qualify with a semiautomatic handgun, then you can carry a derringer, revolver, semiautomatic, i.e., almost anything that is not illegal in Texas.

Information at:
http://www.txdps.state.tx.us/administration/crime_records/chl/chlsindex.htm

To be eligible for a license to carry a concealed handgun, a person must meet the following requirements:

(1) an applicant must have been a resident of this state for the six-month period preceding the date of application, relocate to this state with the intent to establish residency in this state, or must be eligible for a non-resident license as provided by the Act;

(2) the applicant must be at least 21 years of age;

(3) the applicant must not have been convicted of a felony. An offense is considered a felony if at the time of an applicant's application for a license the offense:

(A) is designated by a law of this state as a felony;

(B) contains all the elements of an offense designated by a law of this state as a felony; or

(C) is punishable by confinement for one year or more in a penitentiary.

(4) the applicant must not be currently charged with the commission of a Class A or Class B misdemeanor or an offense under Texas Penal Code, §42.01, or of a felony under an information or indictment;

(5) the applicant must not be a fugitive from justice for a felony or a Class A or Class B misdemeanor;

(6) the applicant must not be chemically dependent;

(7) the applicant must not be incapable of exercising sound judgment with respect to the proper use and storage of a handgun as defined in the Act;

(8 the applicant must not, in the five years preceding the date of application, have been convicted of a Class A or Class B misdemeanor or an offense under Texas Penal Code, §42.01. An offense is considered a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment;

(9) the applicant must be fully qualified under applicable federal and state law to purchase a handgun;

(10) the applicant must not have been finally determined to be delinquent in making a child support payment administered or collected by the attorney general, unless the applicant has since discharged the outstanding delinquency;

(11) the applicant must not have been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, state treasurer, tax collector of a political subdivision of the state, Texas Alcoholic Beverage Commission, or any other agency or subdivision of the state, unless the applicant has since discharged the outstanding delinquency;

(12) the applicant must not have been finally determined to be in default on a loan made under the Education Code, Chapter 57, unless the applicant has since discharged the outstanding delinquency;

(13) the applicant must not be currently restricted by or subject to a court order that restrains the applicant from injuring, harassing, stalking, or threatening the applicant's spouse or intimate partner, or the child of the applicant, the applicant's spouse, or intimate partner. This paragraph includes a protective order issued under the Family Code §3.58 or §3.581, or Family Code, Chapter 71. This paragraph does not include any restraining order or protective order solely affecting property interests;

(14) the applicant must not, in the 10 years preceding the date of application, have been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and

(15) the applicant must not have been made any material misrepresentation, or failed to disclose any material fact, in a request for application materials or in an application for a license to carry a concealed handgun.
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If you can obtain an NFA item, you can get a Texas CHL.

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Requirements--

(a) A person who wishes to obtain or renew a license to carry a concealed handgun shall apply in person to a certified handgun instructor to take the appropriate course in handgun proficiency, demonstrate handgun proficiency, and obtain a handgun proficiency certificate. An applicant will be required to demonstrate the applicant's ability to safely and proficiently use the category of handgun for which the applicant seeks certification.

(b) A proficiency examination to obtain or to renew a license must be administered by a certified handgun instructor. The proficiency examination must include:

(1) a written section on required subjects; and

(2) a physical demonstration of proficiency in the use of one or more handguns of specific categories and in handgun safety procedures.

(c) The department shall distribute the standards, course requirements, and examinations on request to any certified handgun instructor.

(d) The proficiency demonstration course will be the same for both the instructors and license applications. The course of fire will be at distances of three, seven, and fifteen yards, for a total of fifty rounds.

(1) Twenty rounds will be fired from three yards, as follows:

(A) five rounds will be fired "One Shot Exercise"; two seconds allowed for each shot;

(B) ten rounds will be fired "Two Shot Exercise"; three seconds allowed for each two shots; and

(C) five rounds will be fired; ten seconds allowed for five shots.

(2) Twenty rounds will be fired from seven yards, fired in four five-shot strings as follows:

(A) the first five shots will be fired in ten seconds;

(B) the next five shots will be fired in two stages:

(i) two shots will be fired in four seconds; and

(ii) three shots will be fired in six seconds.

(C) the next five shots at seven yards will be fired "One Shot Exercise"; three seconds will be allowed for each shot; and

(D) the last five shots fired at the seven-yard line, the time will be fifteen seconds to shoot five rounds.

(3) Ten rounds will be fired from fifteen yards, fired in two five-shot strings as follows:

(A) the first five shots will be fired in two stages:

(i) two shots fired in six seconds; and

(ii) three shots fired in nine seconds.

(B) the last five shots will be fired in fifteen seconds.

(e) The department shall issue a license to carry a concealed handgun to any person who is certified as a qualified handgun instructor and who pays the department a fee of $100 in addition to the training fee.
***************************************************************************************
 

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As a fellow Texas and being one of two people left near Austin that were actually born there, "Bienvenidos a Tejas! I heard on the radio that they are considering passing legislation to allow open carry in Texas so I think you're alright. The reason Austin is so f'd up is because there are a pile of people who come to UT and then NEVER FREAKIN LEAVE! Then in the 90's the fine folks from the PR of California found out that their dollar went a lot further here and invaded. So now we're ate up with overeducated perpetual students who are highly trained in the theoretical side of life but have nary a hour or two experience with the practical side of life and THEY WON'T FREAKIN LEAVE! Because if they ever graduated their student loans would come due and Philosophy don't pay. That's my $00.02 and in the great state of Texas I am still allowed to have that.
 

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I did not want anyone to say that I did not cover the law properly. >:D

There is not really a problem with NFA firearms in Texas, carrying a handgun in a vehicle or carrying on your person with a CHL if you just know where not to carry.

Our only problem is overzealous prosecutors and LEO's that have not been trained properly. :fencing: [Those liberals.] But hopefully we can beat them at the next election or retrain those that are capable of being retrained. [Retraining most liberals will not work, as they are always right, at least in their minds. :banghead:]

As seatfool said, we are getting toooooo many liberal people in Texas trying to change things like they think it should be. :jumpingonfire:
 

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Right on! She is a rarity indeed, great job.

My Mom graduated UT in 1969, never left Austin and couldn't use my Red Ryder as a paper weight much less a BB gun. On the other side of the coin my wife is a UT grad and we got the hell out of town the day after graduation, and she is a skeet shootin fool.
 

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As long as you mess with Texas in the Austin are you ought to be OK. I can't imagine you would suffer much more than a judicially mandated sensitivity class along with a change of diet to some sort of colon cleansing veggie bran topped with tofu flavored granola pills. Once completed you may need to attend a centering class or do some stretches to get yourself in the proper frame of mind, then shop for some hemp clothes that have been dipped in patchouli.
 

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seatfool, I might have swam with your mother at hippy hollow in 69. Ask her if she remembers a naked ******* with a cowboy hat & boots on, running around there. AUSTIN was a great place back then not to big, now theres just to many people.
 

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I thought Texas was the fochizzle as concerns firearms ownership. Sounds like we here in NC might be.
Firearms owners in Texas do not really have a problem, just have to know which prosecutors, PD's, and SO's do not follow what the law says. I'm sure that all States have the same problem with some prosecutors and LEO's.

Our laws on the Use of Force are very good. Follow this link to our Penal Code Chapter 9, especially sections 9.31 Self Defense, 9.32 Deadly Force in Defense of Person, 9.33 Defense of Third Person, 9.34 Protection of Life or Health, 9.41 Protection of One's Own Property, 9.42 Deadly Force to Protect Property, and 9.43 Protection of Third Person's Property.

http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm
 

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Discussion Starter · #19 ·
Let me throw something else into the mix. I forgot that I have a Florida nonresident concealed carry permit. And based on the information that came with it, I can carry concealed in Texas, as a nonresident, with the Florida NR permit. So that would cover me until the 6 month wait or maybe even bypass that.

I'll admit though, you guys are kind of scaring me away from moving there. Not that I'm dying to get there but there are some good job opportunities and warmer weather there for me and my family.
 

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I would not worry about moving here. There is not that big of a problem, I was just letting everyone know that there are some places that are not friendly. DON'T WORRY, BE HAPPY! The chance that you would have any problems are very slim. I have been here all my life and even with my contacts with the LEO's, before I became one, and my wife's contacts, none of them caused any problems as long as we were following the law.

Contact the Texas Department of Public Safety at Concealed Handgun Licensing Section: (800) 224-5744 for information on your specific question.
 
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