Thread: Question
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Old April 7, 2010, 09:31 PM   #11
dogtown tom
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Join Date: January 23, 2006
Location: Plano, Texas
Posts: 1,562
Quote:
NavyLT:... It is illegal in Texas to carry a firearm in public capable of being used for self defense UNLESS one pays to obtain training and pays a tax to obtain the state's permission to do so.
Quote:
NavyLT: ...Can I do that in Texas? No. Open carry is illegal in Texas, violating Penal Codes 46.02 and 46.035. So, can I conceal the handgun in Texas and do the same thing, without a license. No. That action would be illegal as well violating Penal Code 46.02.

Now, in order to obtain a Texas Concealed Handgun License, according to Government Code 411.174 (7), proficiency with a handgun must be proven and 411.174 (6) requires a "fee" of $140.00 to be paid to the state. To me, a fee paid to the state for their permission to perform an act is a tax...

I rest my case.

Note your use of the word FIREARM, not HANDGUN in the first quote above. Magically, the "firearm" disappears in the second quoted passage and now this is about "handguns".

You cite the Texas Penal Code, yet leave quite a bit of information out. For example:

1. It is perfectly legal under Texas law to openly carry rifles and shotguns in a public place as long as you do not intentionally or knowingly display the firearm in a public place in a manner calculated to alarm. There is no training required, there is no fee or tax paid to the state.

2. It is perfectly legal for me to wear my handgun in an open and unconcealed manner in a number of places. On my own property or property under my control, in my own business or in a business under my control AND most importantly, when engaged in a sporting activity (such as hunting or target shooting) or traveling to or from such an activity. Can I open carry in a WalMart? No, but the store manager could.

3. Your claim of "...It is illegal in Texas to carry a firearm in public capable of being used for self defense...". There is no Texas law that mentions anything about whether any firearm "is capable of being used for self defense."

4. UNRESTRICTED "open carry" of "handguns" is illegal in Texas. I believe this is true of every state that has a so called "open carry" law. There are simply places you cannot carry any firearm, (long gun or handgun)whether concealed or not.

5. It is perfectly legal, (as long as I am not engaged in a criminal activity, in a criminal street gang, or otherwise prohibited by law from possessing a firearm) to have a concealed handgun on or about my person as long as I am in a vehicle owned by me or under my control or en route to said vehicle. As a matter of fact Texas law REQUIRES that the handgun be concealed while inside the vehicle.

Here is an excellent summary of Texas Firearms Laws:
http://www.ar15.com/content/page.html?id=637
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