IF the current bill becomes law, how will it change what you are doing now?

[Charlie]

Hadn't heard that??? Can't one CC with an ankle holster? I guess I could just pull my socks up to cover the gun, right?

 

[Vaquero]

If you carry in a belt holster and sag like a gangster, is it illegal because it becomes a tactical thigh holster?

 

[jrbfishn]

Does the bill specify how high on the body a belt should be?
For some, it would become a knee holster.

 

[ZX9RCAM]

Belt or shoulder holster was a requirement I thought...

What if one wore a REAL short belt around their ankle.....

 

[ShootingTheBull]

By that logic, driving is illegal so the act of driving a car is enough for police to stop and check your license.

Sorry, but no, that analogy doesn't work, because simply sitting in a car is not illegal and you don't need a license. But sitting with a gun exposed on your belt *is* illegal. And would remain so, even after this bill passes (except for those with a license). So -- how is the cop supposed to know you have a license?

The car analogy has been brought up before, but it just doesn't fit. Let me give you a far better analogy -- an NFA item. You cannot own or use an NFA item without a tax stamp. So if you were to be, say, open-carrying a long rifle that had a silencer attached, would you expect an officer to ask to see your papers? Shouldn't he? Why wouldn't he?

 

[Younggun]

The NFA analogy doesn't work because in Texas it is illegal to own NFA items even if it is registered. Totally different from carrying a handgun.

I didn't say sitting in a car. I said driving a car, which is illegal, unless you have a license, just like carrying a gun.

 

[Younggun]

In other words, having an NFA item in your possession, registered or not, is a crime in Texas. You can be arrested for having you registered NFA item and it fits perfectly with the law.

 

[ray22]

In other words, having an NFA item in your possession, registered or not, is a crime in Texas. You can be arrested for having you registered NFA item and it fits perfectly with the law.

Could you share where you got this information. Would like to read it.

Govern wisely and as little as possible~Sam Houston

 

[Mexican_Hippie]

There's a defense to prosecution but they can arrest you if they're being pricks.

 

[Younggun]

Could you share where you got this information. Would like to read it.

Govern wisely and as little as possible~Sam Houston

Texas Penal code 46.05

 

[benenglish]

The kind of thing that would really, really screw it up would be the worst-case scenario as described by Sen. Whitmire: for someone who openly carries to have their firearm snatched by a bad guy who then goes on to do something very bad with it.

I don't anticipate ever OCing. If I do, however, it will be a revolver that has been through this: Gun Safety Add-ons, Smart Guns, Magna-Trigger

Back in the old days, I wouldn't use the MagnaTrigger. I worked with too many computers and corrupting the data on floppy disks would have made my job insane. Nowadays, with flash drives and me being retired, that's no longer a problem.

 

[ray22]

Texas Penal code 46.05

Thanks

Govern wisely and as little as possible~Sam Houston

 

[Younggun]

Thanks

Govern wisely and as little as possible~Sam Houston

N/P.

Quoting the section on my phone woulda been a PITA. I leave that to the master.

 

[ray22]

In section C it states;
(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.

The way I read it, there's a defense from prosecution as long as it is registered pursuant to the NFA rules. I might be mistaken.
Thanks again for the info.
Govern wisely and as little as possible~Sam Houston

 

[Younggun]

In section C it states;
(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.

The way I read it, there's a defense from prosecution as long as it is registered pursuant to the NFA rules. I might be mistaken.

Govern wisely and as little as possible~Sam Houston

That's exactly correct, but it's still illegal.

The way the law is written, the process would be perfectly acceptable to be arrested, wait for court date, present papers, not be prosecuted.

This also means that being in possession give LE whatever reason they might need to come question you, ask for ID, arrest, etc because you are actually committing a crime. Although it's one you can't be prosecuted for if its registered and you present the paperwork in court.

Different from CHL because instead of having a "defense to prosecution", 46.15 says 46.02 doesn't apply to a CHL holder. So there is a way to carry a handgun without actually breaking the law, the same doesn't apply to NFA possession.

 

[txinvestigator]

That's exactly correct, but it's still illegal.

The way the law is written, the process would be perfectly acceptable to be arrested, wait for court date, present papers, not be prosecuted.

This also means that being in possession give LE whatever reason they might need to come question you, ask for ID, arrest, etc because you are actually committing a crime. Although it's one you can't be prosecuted for if its registered and you present the paperwork in court.

Different from CHL because instead of having a "defense to prosecution", 46.15 says 46.02 doesn't apply to a CHL holder. So there is a way to carry a handgun without actually breaking the law, the same doesn't apply to NFA possession.

Actually you can be prosecuted. It could go all the way to trial. All the state would have to do is prove that you were in possession of an NFA item. Your defense team would then have to provide evidence that your possession was pursuant to the NFA.

The reality is that it doesn't get that far.

 

[txinvestigator]

The NFA analogy doesn't work because in Texas it is illegal to own NFA items even if it is registered. Totally different from carrying a handgun.

I didn't say sitting in a car. I said driving a car, which is illegal, unless you have a license, just like carrying a gun.

The courts have ruled that stops just to check for a Driver License are not legal.

 

[txinvestigator]

I've been seriously thinking about carrying my S&W snub nose in my ankle holster while wearing shorts! Whadda' y'all think?


(just the sight of me wearin' shorts is enough to make people run)

I think you would get arrested.

 

[Younggun]

The courts have ruled that stops just to check for a Driver License are not legal.

Exactly.

And a carrying with a CHL fits much better with the driving analogy than NFA.

<Preparing for TXI correction>

 

[Mexican_Hippie]

Actually you can be prosecuted. It could go all the way to trial. All the state would have to do is prove that you were in possession of an NFA item. Your defense team would then have to provide evidence that your possession was pursuant to the NFA.

The reality is that it doesn't get that far.

Usually - if you're being respectful with the officer. But if you're being an idiot when speaking with an officer it can go sideways.

Moral of the story: Be respectful when you speak to people (LEO or not). It works out better 9 times out of 10.