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SVTPerformance's Chain of Restaurants
Donut Shop
Concealed Carry in Texas
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<blockquote data-quote="txyaloo" data-source="post: 11376238" data-attributes="member: 23362"><p>I understand you can't enforce federal laws, and this is specifically pertaining to Texas state law.</p><p></p><p>Now, while that weapon may look like a handgun, it could in fact be a short barrel rifle or a machine gun. It's like a person looking at an AR-15 and calling it an automatic M4, or an AK-47 clone and saying it's fully automatic. The way a firearm looks can be deceiving. As far as I can tell, it's not illegal to carry openly or concealed either a short barrel rifle or a machine gun.</p><p></p><p>As you mentioned, section 46.01 of the penal code defines handguns, it also defines SBRs, and MGs.</p><p></p><p></p><p></p><p>It seems like the Legislature made specific definitions for handguns, SBR, MG, illegal knife/club, etc, and 46.02/UCW only prohibits carrying "a handgun, illegal knife, or club". 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.)</p><p></p><p>I guess my third question/scenario is where things are more of a stretch. 99% of the public sees a handgun when they look at that picture. I know it may look like a handgun, but it is actually an SBR or machine gun. It seems like open carry of those is completely legal.</p><p></p><p>If you're presented with paperwork during an interaction that shows firearm XX is an SBR or MG, how would you proceed?</p></blockquote><p></p>
[QUOTE="txyaloo, post: 11376238, member: 23362"] I understand you can't enforce federal laws, and this is specifically pertaining to Texas state law. Now, while that weapon may look like a handgun, it could in fact be a short barrel rifle or a machine gun. It's like a person looking at an AR-15 and calling it an automatic M4, or an AK-47 clone and saying it's fully automatic. The way a firearm looks can be deceiving. As far as I can tell, it's not illegal to carry openly or concealed either a short barrel rifle or a machine gun. As you mentioned, section 46.01 of the penal code defines handguns, it also defines SBRs, and MGs. It seems like the Legislature made specific definitions for handguns, SBR, MG, illegal knife/club, etc, and 46.02/UCW only prohibits carrying "a handgun, illegal knife, or club". 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.) I guess my third question/scenario is where things are more of a stretch. 99% of the public sees a handgun when they look at that picture. I know it may look like a handgun, but it is actually an SBR or machine gun. It seems like open carry of those is completely legal. If you're presented with paperwork during an interaction that shows firearm XX is an SBR or MG, how would you proceed? [/QUOTE]
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