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long gun open carry in Texas after NM fed ruling

DKSuddeth

Accomplished Advocate
Joined
May 8, 2006
Messages
833
Location
Bedford, Texas, USA
imported post

With the fed ruling out of the district court in NM and no law prohibiting open carry of a long gun in TX, I still have a question that maybe somebody can answer.

It's been hinted at by a few that while long gun open carry is not against the law, there have been certain restrictions on the manner and place. My question is, is there an actual court case and opinion, or opinions, that cite to this?

If there isn't, then we definitely need to schedule a long gun carry soon.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,866
Location
Granite State of Mind
imported post

I'm not aware of any case law that creates restrictions. The 10th Circuit case won't apply directly (Texas is in the 5th Circuit), but it would be useful in court. Cases like TSRA President Jim Dark, who was eating at Sonic when he was ordered out of his truck and threatened with arrest (over an 1853 Enfield muzzle-loader!) would be fodder for 1983 suits.
 

seburiel

Regular Member
Joined
Jun 2, 2007
Messages
14
Location
San Antonio, Texas, USA
imported post

I notice that the municipal code of san antonio still lists section 21-15 as 'loaded rifle or shotgun' but the actual code seems to be missing from their searchable database.
I, for one, would L-O-V-E to join a longarm get together...
 

CrossFire

Regular Member
Joined
Nov 29, 2007
Messages
407
Location
Irving, Texas, USA
imported post

Count me in DKS. Just say when and where. I will also be attending Rodbenders open carryBBQ on Oct. 10, how about you?
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,709
Location
Fairfax County, Virginia, USA
imported post

The inquiry here should be as follows:

1. What Texas state statutes or regulations restrict or regulate long carry, if any?

2. Are local ordiances restricting or regulating long carry preempted by Texas state law?

3. Are their any court cases in the Texas state court system which have validated any police power to detain ("seize" is the technical legal term) persons for mere carry of a long gun?

Having said all that, "open carry" on this web site is about normalizing the open carry of holstered handguns.

I understand many people in Texas are frustrated with the refusal of the legislature (and the established gun rights groups) to move forward on legalizing open carry in some way, even just for concealed permit holders. ButI do not believe that carrying long guns in supermarkets in Dallas, Houston, and San Antonio is going to help us - it would probably hurt because the press and public will come to think that legalizing the the open carry of holstered handguns would legalize and validate the recently sighted behavior of people open carrying long guns in urban areas - in terms of publicity, the scary long gun people would become the poster children for the folks opposing legalizing the open carry of holstered handguns.

We are still looking for a Texas member to take over from Ian and lead the effort to legalize open carry in Texas - this will probably take years and be a lot of work, but I do think we can probaby get some kind of bill introduced in the next session if folks work with their gun friendly law makers - there are many flavors to choose from: normal open carry without a license; allowing concealed license holders to open carry; allowing open carry in unincorporated areas' allowing open carry in personally owned vehicles while traveling, etc.
 
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