Concealed Carry in Texas

txyaloo

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What makes this not a handgun for those of us not in the know?

That little metal plate in the back is an autosear. It makes the entire gun a machine gun in the eyes of Texas and the federal government.

I believe its an upgraded Glock 17 which can be made fully auto like the 18 , the Glock 18's have a selector switch which i dont see pictured.

It's actually a Glock 19. I made the sear. It is full auto only so there is no selector.
 

rubicon04

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That little metal plate in the back is an autosear. It makes the entire gun a machine gun in the eyes of Texas and the federal government.



It's actually a Glock 19. I made the sear. It is full auto only so there is no selector.

what material did you decide to machine it out of ?
 

EvergreenSVT

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What makes this not a handgun for those of us not in the know?

Because it is defined as a machinegun.

Txyaloo, understood on NFA being illegal in TX. Understood also on ATF changing their minds easily--there is a reason Congress has been grumbling about reforming them for years. Their practice of issuing letters one at a time to set policy is indefensible. Other regulatory agencies publish things openly.
 

txyaloo

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what material did you decide to machine it out of ?

Just some scrap stainless we had laying around. The trip takes the most wear, and it's easy enough if it wears out. It's a post sample, so it doesn't have much value to it.
 

ford_racer

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Because it is defined as a machinegun.

Txyaloo, understood on NFA being illegal in TX. Understood also on ATF changing their minds easily--there is a reason Congress has been grumbling about reforming them for years. Their practice of issuing letters one at a time to set policy is indefensible. Other regulatory agencies publish things openly.

I don't think he knew that it was a handgun turned into a machinegun. It looks exactly like a regular Glock. You'd have to be told it was a machinegun, or fire it, to know.

I didn't know it was a machinegun until Jeff said he made it so.
 

EvergreenSVT

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I wouldn't have known from the pic either. The important thing to know is it can't be a handgun and a machinegun at the same time.
 

Iceman II

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Would you still arrest if a person provides the appropriate paperwork showing the weapon is registered as a rifle or machine gun? (I know LE can arrest for that anyway since technically they are illegal to own in Texas, and being properly registered at the federal level is only a defense to prosecution.)

Negative, I would not make an arrest so long as everything checked out. I would do a thorough check on the guy and get as much intell as i could.
 

Iceman II

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I forgot to address this part last night. I've never taken a UCW course in Texas. There is no such thing. UCW is a charge in the penal code. It is not a course or a license. UCW does not apply in bars if a person is carrying a rifle, SBR, SBS, or machine gun. Go read the statute. It only applies for handguns, illegal knives, and illegal clubs. A person carrying in one of those establishments with one of the firearms mentioned previously would not be carrying under the authority of their CHL. They would be carrying under the provisions of Texas law that does not prohibit a person, CHL licensee or not, to carry openly or concealed a rifle, shotgun, SBR, SBS, or MG.

Actually there should be a sign at the front entrance that says something to the effect of not carrying a "firearm" on the premises. Should fall under the Texas Alcohol Beverage Code.
 

txyaloo

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Actually there should be a sign at the front entrance that says something to the effect of not carrying a "firearm" on the premises. Should fall under the Texas Alcohol Beverage Code.

Great discussion so far. I appreciate you indulging me.

I know exactly what sign you're talking about. It's the blue TABC sign that's displayed at package stores, gas stations, and restaurants. Then there's the red 51% sign at bars. The blue sign doesn't apply to licensees, but the red sign only applies to licensees carrying a handgun under the authority license.

Do you know what Texas code bans weapons in bars? (When talking about bars, an assumption is in place that whomever is carrying the rifle is not consuming alcohol while carrying.) I've studied the ABC, Local Govt Code, and the Penal code, and as far as I'm aware, none prohibit carry of rifles in bars. There may be some local ordinances in place that prohibit this, but I believe those ordinances may be not be enforceable since Texas has state preemption of firearms laws.

Penal code 46.03 which is places where weapons are prohibited doesn't list bars. 46.035 does list bars, but that only applies to a CHL holder carrying a handgun under the authority of their license. It doesn't apply to a concealed rifle.

TABC 11.041 and 61.11 talk about warning signs, and how it is unlawful to carry a weapon on their premises unless the person has a CHL. Then we have the 51% sign, but the TABCode never references the penal code sections which make it unlawful to carry a weapon in a bar.

My assumption is the signs are referencing UCW, and UCW does raise the charge to a felony if a handgun is carried in a bar:

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

But, we've established a handgun and a machine gun or short barrel rifle are not the same thing even if they may look similar.

From what I can tell, it's perfectly legal to carry a concealed rifle/SBR, into a bar or past a 30.06 sign banning concealed carry of a handgun.
 

txyaloo

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Negative, I would not make an arrest so long as everything checked out. I would do a thorough check on the guy and get as much intell as i could.

That's good to hear. Have you run in to much legal NFA stuff (SBR, SBS, MG, etc) during stops?

Are you still working I-10 between San Antonio and Houston? Feel free to PM if you'd rather not say publicly.
 

Iceman II

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Negative, can't say that run into much legal NFA stuff, guess its been a couple of years. Actually I work the other way from San Antonio, going west. San Antonio is my District Office. I work into the Hill Country, such as Menard, Junction, Mason, Brady, Kerrville Fredericksburg, Boerne and Bandera.
 

txyaloo

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Negative, can't say that run into much legal NFA stuff, guess its been a couple of years. Actually I work the other way from San Antonio, going west. San Antonio is my District Office. I work into the Hill Country, such as Menard, Junction, Mason, Brady, Kerrville Fredericksburg, Boerne and Bandera.

Did you change districts? For some reason, I thought you were working the other direction from SA. I don't make it out that way much anymore.

I didn't figure you ran in to it often. I usually have some type of NFA item on me when going to Houston, Austin, DFW, or longer trips. Usually an MP5K in a laptop bag in the passenger compartment, and possibly a few more MGs in the trunk if I'm going to demo them. I keep waiting to see how that interaction is going to go next time I get stopped. :lol:
 

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