Texas gun laws(will be moving there shortly)

Discussion in 'The Constitutional & RKBA Forum' started by flyingcubby, Jul 26, 2010.

  1. flyingcubby

    flyingcubby New Member

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    This question is from the people in the know about what guns are allowed in Texas. I currently live in California and have my place for sale. We have A place picked out in Austin. Question is here in Calif. assult rifles are a tabu. What are allowed are a very slim choice. I currently only have a Kel-tec 16. With my C&R I am not allowed to purchase any 762.39 that don't meet the criteria of any gun with a removable mag. Does Texas allow the newer type with removable mags. I'm hoping that there are more laxed rules in what one can own. Looking forward to moving. Thanks for any info.....Mike
  2. graehaven

    graehaven Well-Known Member

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  3. petesusn

    petesusn New Member

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    I'm right behind you Mike. Maybe not Texas but Arizona or Florida definately. Got to get out of the valley and California.

    By the way Mike, I'm in Hanford. Not far from you.
  4. Terry_P

    Terry_P New Member

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    The carry laws in TX aren't bad with the provisions that are actually stricter than NH not affecting me like no open carry (hunting excepted) and no carry in bar's but you can in restaurants. I don't recall what the knife laws are there but everything goes up here with a recent law that makes switchblades, etc. legal.

    Florida is somewhat stricter with no carry in places that dispense alcohol and they have a provision with no carry in "any place of nuisance as defined in s. 823.05". Guess I'll have to read that one as that could be defined as anyplace I'm at :p.

    AZ's wide open but I don't know of any restrictions on where you can carry???
  5. Airdale

    Airdale Member

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    Don't know for sure but I'll bet the laws are about like here in Arkansas. I'll bet you'll think you are in gun heaven after living in Ca. (I'm a native Californian). No waiting periods etc. Hell, if I felt like it and had the money I could drive down to the local toy store and walk out with a 50 cal. BMG under my arm today.

    Enjoy your new freedom.
  6. flyingcubby

    flyingcubby New Member

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    Thanks Graehaven for the great link. Thinks it makes me verry happy.
    Petesusn- Come on lets leave before another dictator gets in the states drivers seat.
    Airdale- It must be Great. As you know once confined and then real freedom how does one justify being in California............
    Thanks Mike
  7. Blackhawk Dave

    Blackhawk Dave New Member

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    You can own anything that isn't illegal in the Fed's book (rocket launchers, etc). No state bar on gun ownership. Want a 50 cal Barrett, go get one. Pick up your choice of AK-47 semi-auto or AR-15s at any gun show and walk out with it. Get your conceal and carry through Utah. Quicker and easier, but it's only a 2-day class in Texas. Gun has to be "concealed", no open carry. Your car is your home, don't need a license for your car. No need to keep you gun in a super-secret lockbox, no limit on ammo, etc. If you're outside the city limits and not in a restricted development, no problem shooting on your own property, just don't shoot at the neighbor's cows or home.

    Welcome to Texas.
  8. Alpo

    Alpo Well-Known Member

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    You need to read the laws better before you quote them.

    In Florida, you cannot carry into anyplace that has, as their main business, the sale of alcohol for consumption on the premises. So, I can carry in a liquor store, but I can't in Joe's Bar. Joe's Bar makes their money from the sale of alcohol for consumption. Now, I can go into TGIFridays, or Applebees, or Red Lobster, or Olive Garden, or any other place that is a restaurant that has a bar, and sit at my table in the dining area and get roaring drunk - whether I'm drinking beer or wine or liquor is irrelevant. But I can't go into the "bar section" of the place, even if I'm not going to drink.

    cannot carry into >any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose<
    Last edited: Jul 27, 2010
  9. wpage

    wpage Active Member

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    Guess that why its the lone star. God Bless Texas!
  10. Alpo

    Alpo Well-Known Member

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    Are you saying that Texas will accept a Utah non-resident license from a Texas resident?
  11. big steve

    big steve New Member

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    Alpo I do believe that is what he is saying because the the Utah permit is allowed in 31 different states.
  12. kingchip

    kingchip New Member

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    I guess you realize that you are headed to the liberal bastion of the state. It probably won't bother someone from Ka, but just sayin'. I can't stand the place.
  13. Teejay9

    Teejay9 New Member

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    From what I've seen and heard, Austin is "California lite." Probably an easier transition.:D:D:D TJ
  14. Terry_P

    Terry_P New Member

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    I took these off the Florida web site which is what I was quoting. So what you are saying is a restaurant isn't licensed to dispense thereby it is legal to drink and carry there but not 10' over at the bar. As an example The Village Cafe in Marathon, FL has the bar in the middle of the restaurant with tables on each side. So using your interpertation is it legal to drink at your table? What if you have to walk thru the bar to get to the bathroom are you legal or not? Looks like one of those fuzzy areas to me so the problem was in my interpertation of what the state has posted on their web site. I don't drink so confusing rules are a pain in the backside. Oh ya what is a place of nuisance any way?


    http://licgweb.doacs.state.fl.us/weapons/possession.html

  15. Alpo

    Alpo Well-Known Member

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    Thing is, you didn't quote the whole sentence. I did.

    Florida Statutes 790.06, paragraph (12)
    http://www.leg.state.fl.us/statutes....HTM&Title=->2009->Ch0790->Section 06#0790.06
    (12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    What I'm saying is if the restaurant has a separate bar area, but they still serve alcohol in the dining area, it is legal to carry in the dining area but not in the bar area, and it is legal to drink while carrying, as long as you are not in the bar area. You can't walk through the bar to get to the bathroom. If you walk into the bar while carrying a gun you have broken the law.

    Because I used to disarm before going into restaurant that served booze, I wrote the Secretary of State (Secretary of State used to be in charge, now it's the Department of Agriculture - don't know why the change) and asked. Also asked about carrying at a Marlins baseball game (that was the example I used) since they sell beer at ball games. She reminded me that you weren't allowed to carry at sporting events. She explained Florida's take on the difference between a bar and a restaurant that served alcohol.

    So, yes, it's legal to drink at the dinner table, while carrying. And that's not MY interpretation, that's the State of Florida's Official Interpretation.

    Makes more sense to me than a law saying you can't carry in a place that derives more than 50% of its business from the sale of alcohol (I think this is how Texas law works, isn't it?) You go to this place all the time, and you're fine, because only 46% of their business is booze. Then it's the night of the big Aggie/Longhorn game, and 90% of their business is booze. So, that night you can't carry there. :confused:
    Last edited: Jul 27, 2010
  16. Terry_P

    Terry_P New Member

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    In your latter example I would think the revenues would be on an annual basis as they wouldn't know until the end of the day if it was greater or less than 50% for that day. The TX law worked fine for me as I don't drink so don't hit the bars but my wife and I like an nice meal out fairly regularily when were in the 5th wheel. We will be back in the Keys for this winter and my NH permit is good in FL and I try to avoid carrying in violation of state laws and not press my luck. Sounds like spring training games are out as well so guess I have some learning to do.

    In NH it's Statehouse, Courthouses and federal illegal like post offices and schools, etc. so the transition can be difficult when we travel and I'm sure I have been wrong more than I would like to know especially when it comes to restaurants. I guess that why they call it concealed carry.
  17. jack404

    jack404 Former Guest

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    keep on talkin that way and a stray aussie just may show up
  18. Blackhawk Dave

    Blackhawk Dave New Member

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    RE, Utah license. Yep. That's a loophole that a lot of Texans are taking advantage of. You get a non-resident Utah license, it's valid in Texas. 4-hour class vs. 2 day class. They may change it, but I kinda doubt it. The CCL in Texas is just about, "Officer, he was threatening my life and the life of my children, and I was defending myself. And I won't say anything else until I talk to my lawyer." You have to be able to hit the broad side of a barn in a range setting. Then pay your bucks. Took three months to get mine back from the state, but they're buried in new licenses.
  19. Blackhawk Dave

    Blackhawk Dave New Member

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    Austin City-proper is a liberal bastion. Get outside the city, conservative. Nice place to go for parties, theaters, etc. Also if you have a CCL, you can bypass the metal detectors to get into the State Capital building. He He.
  20. flyingcubby

    flyingcubby New Member

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    Thanks Dave, anything is better than what we have here. The crazy laws seem to pertain to the agerage joe that just works hard pays taxes. The worst that are non law abiding have all the ak47s. mac 9s, 10s. The city I currently live in(Fresno) has a revolving door policy at the jail due to budget cuts. Here we have a large gang crimes and drugs. They arrest the fellons and depends on how full the jail is they my be just cited and let go. They due inforcements and they may arrest 50 at one time and if we are lucky they may keep 4 of those until trial. The Sheriff to meet her budget goal closed 2 floors of the jail and let go of 30+officers.Here we are close to a million residents in the incorporated and unincorporated area and need the space. Makes great sence???? go figure.
    Keep posting it just makes me want to hurry and move even if I half to give my house away!!!!!!!!!!!!!!!!!!!

    So any rules Texas or any of the other free states have will seem like a dream come true and heaven........Mike
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