Announcement

Collapse
No announcement yet.

Is this officer wrong or am I ?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Is this officer wrong or am I ?

    I was having a discussion with a law officer here at my office......long story short I told his wife who was just nearly a victim of bad road rage a double barrel 12 gauge on the front seat would have been all she needed. Of course I was some what joking...but he said she couldnt carry a shot gun like that- I said What- Why not. ? He said you just cant go about carrying a gun like that- I said sure you can I do it all the time. He said it had to be in the rack of a window in truck,etc... I said why? what??? Im pretty sure he is totally wrong!

    Is it not my perfectly legal right to carry a rifle, shot gun, deer rifle, AR, AK, whatever I want laying right there on my front seat. I have done it for years...especially when seeing yotes on farm regulary coming in and out. He acted like I was crazy! I even went a step farther and told him other than for saftey reasons, there was no legal reason I couldnt have it fully loaded sitting there ready on the front seat.

    I have a CHL and I am not talking about pistols, or concealed,etc....

    #2
    The best I understand, you are correct, unless you are in a national forest.

    cb

    Comment


      #3
      from what I understand you may have any long rifle sitting open in your vehicle, but im pretty sure the ammo has to either be locked up in the cab or can be unlocked sitting in a diff compartment of the vehicle..like the bed of a truck, but I agree with you that we are legally able to carry any long gun in sight, if it was concealed then we would be wrong

      Comment


        #4
        Is this officer wrong or am I ?

        I think you are right on this one, I have been pulled over with a rifle in between the seat and middle console . Told the officer it was there before he saw it to avoid a conflict and that was that. He asked me if it was loaded then went on like it wasn't even there

        Comment


          #5
          I always throw long gun in front seat when going out hunting! Shotguns I don't have loaded,unless they're semi's,put them in mag and chamber empty.Rifles we will point muzzle down with one in chamber with bolt up! Never had a problem.

          Comment


            #6
            I am pretty sure your right.

            Comment


              #7
              I know you can have the firearm out in the open, but I'm not positive if it can be loaded or not. Hopefully one of the LEOs here can clarify.

              Comment


                #8
                I thought you could put a long gun on your dash if you wanted to.

                Comment


                  #9
                  Yes you can carry it in your vehilce, loaded or unloaded. The problem you can run into is displaying it in the public view.


                  Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:

                  (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

                  (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;

                  (3) creates, by chemical means, a noxious and unreasonable odor in a public place;

                  (4) abuses or threatens a person in a public place in an obviously offensive manner;

                  (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

                  (6) fights with another in a public place;

                  (7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;

                  (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
                  (9) discharges a firearm on or across a public road;

                  (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or

                  (11) for a lewd or unlawful purpose:

                  (A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;

                  (B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or

                  (C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.

                  (b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.

                  (c) For purposes of this section:

                  (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and

                  (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.

                  (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

                  (e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.

                  Comment


                    #10
                    Yeah, it may not be illegal but I wouldn't do it unless I was out on the lease or something. These days, with all of the public shootings and such, you know it'll scare the bejeezus out of someone that's not used to being around firearms. Especially if it's an AR or something similar.

                    Comment


                      #11
                      I guess I may be in error. I travel on large properties daily and have been told by all my landowners to shoot varmints and hogs on site. I carry my ranch rifle behind the back seat in a sling. My thought is that it is out of normal view while I am out of the vehicle and somewhat quickly accessible if I need it on property. So am I wrong by "concealing" it behind the seat? I had no idea there were parameters for long guns. I haven't been stopped (knock on wood) in years, so I have not had occasion to disclose it's presence to an LEO.

                      Comment


                        #12
                        You can carry it in your vehicle loaded and ready to go.

                        Comment


                          #13
                          Dont know the exact answer but i would think if the shotgun is not sawed off below legal length it should be good. I just would not leave it out if I was not in the vehicle...probably get stolen!! Oh, drowning those coyotes on the farm would be more efficient!!! (JUST JOKING FOLKS......kinda!)

                          Comment


                            #14
                            Scary Gun clause

                            Originally posted by daveally View Post
                            Yeah, it may not be illegal but I wouldn't do it unless I was out on the lease or something. These days, with all of the public shootings and such, you know it'll scare the bejeezus out of someone that's not used to being around firearms. Especially if it's an AR or something similar.
                            Had FT Worth PD when asked if I could take a gun out in public at gun show explain it would not be a good idea to have it open while carryin it to the show from the truck. I said I did not have a case. She just said it was not a good Idea??/ Alarming citizens and all..?? Prob if it was pink i would be ok.

                            Comment


                              #15
                              Ammo needs to be in a separate area or locked in case. You can not have ammo in the rifle. This is just what I have been told by an officer.

                              Comment

                              Working...
                              X