Does Open Carry Include Rifles?

[Renegade]

Any malevolent shooter will target OC people first and eliminate them first. CC all the time to protect others!

1) If this is true, the entire doctrtine that criminals prefer unarmed victim goes out the window.

2) Reality is though, OC are rarely targeted. I know of about 2 cases. Yet every day non-OCers are targeted by the tens of thousands.

 

[BBL]

1) If this is true, the entire doctrtine that criminals prefer unarmed victim goes out the window.

2) Reality is though, OC are rarely targeted. I know of about 2 cases. Yet every day non-OCers are targeted by the tens of thousands.

Shush your whore mouth!
How dare you speak facts?!?

But all kidding aside: does any anti-OC person have a reliable source with information that shows the incredible numbers of OCing GGWAG being targeted first before criminals move onto unarmed victims? I too know of maybe 1 case. Please do share.

 

[ScottDLS]

OC are the first ones to get targeted by the bad guys, that's why uniformed cops OC.

If you swallow your bubblegum it will stay in your stomach for 7 years.

 

[Lonesome Dove]

INSULTS COME OUT WHEN SOMEONE HAS NO INTELLGENT RECOURSE!

Nothing intelligent about carrying a rifle around.

 

[ScottDLS]

Nothing intelligent about carrying a rifle around.

What are rifles for then?

 

[toddnjoyce]

Nothing intelligent about carrying a rifle around.

Huh?

 

[easy rider]

Nothing intelligent about carrying a rifle around.

Please explain.

 

[motorcarman]

Nothing intelligent about carrying a rifle around.

Lucas McCain would argue! (Lucas McCain Quote "rifle is a pretty good friend if it's used right")

 

[DocBeech]

Is consuming alcohol while carrying a firearm really illegal ?

Of course it's a bad idea, but I can't remember the law.

Is it like operating a motor vehicle, where you can have alcohol in your system, but not over a certain amount?

It is not illegal to consume alcohol. It is illegal to be intoxicated or to be over 0.08 blood alcohol level while carrying a firearm.

1. Penal Code 49.01 (2). https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm describes intoxication.
   1. (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
   2. (B) having an alcohol concentration of 0.08 or more.
2. https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm Penal Code 46.035 Section d states
   1. "A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a holster."
3. I understand this is for Permit-Less carry so here is where it applies. Under House Bill 1927 it reads as follows
   1. Section 4 Article 55.01 (b) "This section does not authorize a person to possess, transport, or store a handgun, a firearm, or ammunition in violation of Section 37.125 of this code, Section 46.03, Penal Code, or other Law."

 

[Axxe55]

It is not illegal to consume alcohol. It is illegal to be intoxicated or to be over 0.08 blood alcohol level while carrying a firearm.

1. Penal Code 49.01 (2). https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm describes intoxication.
   1. (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
   2. (B) having an alcohol concentration of 0.08 or more.
2. https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm Penal Code 46.035 Section d states
   1. "A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a holster."
3. I understand this is for Permit-Less carry so here is where it applies. Under House Bill 1927 it reads as follows
   1. Section 4 Article 55.01 (b) "This section does not authorize a person to possess, transport, or store a handgun, a firearm, or ammunition in violation of Section 37.125 of this code, Section 46.03, Penal Code, or other Law."

you would think this was common sense. here hold my beer and watch this shit!

 

[Renegade]

Only the police are professional enough to carry firearms while intoxicated.

 

[ScottDLS]

Actually, only carrying handguns while intoxicated (and not on your own property) is prohibited. Long guns....carry away.

 

[toddnjoyce]

…
[*]https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm Penal Code 46.035 Section d states

46.035 was was repealed by Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(10), eff. September 1, 2021.

The prohibition is now under 46.02 UCW and applies whether one is a licenseholder or not.

TPC 46.02
UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) at the time of the offense:
(A) is younger than 21 years of age; or
(B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and
(3) is not:
(A) on the person's own premises or premises under the person's control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-6) A person commits an offense if the person:
(1) carries a handgun while the person is intoxicated; and
(2) is not:
(A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or
(B) inside of or directly en route to a motor vehicle or watercraft:
(i) that is owned by the person or under the person's control; or
(ii) with the consent of the owner or operator of the vehicle or watercraft.

Interestingly, it appears one can be intoxicated with a weapon while on their own property, in their own car or boat, or with the consent of the car/board owner/operator. Also, TPC 46.15 lists a whole slew of persons that TPC 46.02 and 46.03 does not apply to.

There’s various other places in the code that also address intoxication and firearms, but the PI statutes (TPC49) don’t address guns in any manner.

 

[DocBeech]

46.035 was was repealed by Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(10), eff. September 1, 2021.

The prohibition is now under 46.02 UCW and applies whether one is a licenseholder or not.

TPC 46.02
UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) at the time of the offense:
(A) is younger than 21 years of age; or
(B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and
(3) is not:
(A) on the person's own premises or premises under the person's control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-6) A person commits an offense if the person:
(1) carries a handgun while the person is intoxicated; and
(2) is not:
(A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or
(B) inside of or directly en route to a motor vehicle or watercraft:
(i) that is owned by the person or under the person's control; or
(ii) with the consent of the owner or operator of the vehicle or watercraft.

Interestingly, it appears one can be intoxicated with a weapon while on their own property, in their own car or boat, or with the consent of the car/board owner/operator. Also, TPC 46.15 lists a whole slew of persons that TPC 46.02 and 46.03 does not apply to.

There’s various other places in the code that also address intoxication and firearms, but the PI statutes (TPC49) don’t address guns in any manner.

Under 21 you can carry with an LTC, so this one is already "technically" wrong and right at the same time. Fun times are the laws. However it would seem strange that you carry while intoxicated and in a motor vehicle you are directly under the control of while intoxicated.

Clear as mud?

 

[BRD@66]

(B) inside of or directly en route to a motor vehicle or watercraft:
(i) that is owned by the person or under the person's control; or
(ii) with the consent of the owner or operator of the vehicle or watercraft.

So, always be on the way to my car - but don't drive if I'm intoxicated.
So much to remember if I'm half lit.

 

[Gordo]

We are also allowed to carry swords.
Now I can larp as the blind swordsman,
but only if I'm wearing traditional 19th century Japanese garb, and straw sandals.

 

[ScottDLS]

46.035 was was repealed by Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(10), eff. September 1, 2021.

The prohibition is now under 46.02 UCW and applies whether one is a licenseholder or not.

TPC 46.02
UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) at the time of the offense:
(A) is younger than 21 years of age; or
(B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and
(3) is not:
(A) on the person's own premises or premises under the person's control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-6) A person commits an offense if the person:
(1) carries a handgun while the person is intoxicated; and
(2) is not:
(A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or
(B) inside of or directly en route to a motor vehicle or watercraft:
(i) that is owned by the person or under the person's control; or
(ii) with the consent of the owner or operator of the vehicle or watercraft.

Interestingly, it appears one can be intoxicated with a weapon while on their own property, in their own car or boat, or with the consent of the car/board owner/operator. Also, TPC 46.15 lists a whole slew of persons that TPC 46.02 and 46.03 does not apply to.

There’s various other places in the code that also address intoxication and firearms, but the PI statutes (TPC49) don’t address guns in any manner.

Note, the above says nothing about long guns.

 

[hornetguy]

We are also allowed to carry swords.
Now I can larp as the blind swordsman,
but only if I'm wearing traditional 19th century Japanese garb, and straw sandals.

The stab-out at the OK corral....

 

[sergeant69]

Actually, only carrying handguns while intoxicated (and not on your own property) is prohibited. Long guns....carry away.

damn well better not be! thats the only excuse i have for taking 20 shots to hit one low and slow flying dove

 

[cycleguy2300]

Note, the above says nothing about long guns.

In Texas if it is not prohibited by law it is permitted.

Sent from my SM-S918B using Tapatalk