DKSuddeth wrote:
would that not achieve the desired results that Mr. Krause in wisconsin so bravely fought? or that Ohio achieved with their open carry walks?
Or is TX the one state of the union that provides for DC of DTP convictions for constitutional acts/legal acts?
DK, I'm not sure that would get the positive publicity we seek. Many long guns look scary. If you think a soccer mom gets upset when seeing a holstered handgun, just wait until there a group carrying ARs, AKs, etc. :banghead:
IANAL and I know that, in general, carrying a long gun is legal in Texas, but there could be some snags besides DS. For example, cities and counties can still regulate the carrying of firearms in parks, but apparently not for CHL holders even if they aren't carrying concealed via their license (see below). That could be debated however.
If you really want to do something like this, may I suggest pre-1899 carry? That has a few advantages:
1) People won't be seeing "assault weapons". :shock:
2) According to the definition of "firearm" in the Penal Code (at 40.01(3)), a pre-1899 handgun is NOT a firearm and thus not a handgun for the purposes of UCW or Unlawful Carry by a License Holder.
3) Federal law is also on your side as pre-1899 guns are antiques and as such not subject to the usual restrictions. The fact that federal and state law agree on this add strength to the argument that you weren't carrying a gun in the eyes of the law.
For all of the above reasons, if you were charged with disorderly conduct or UCW or UCBLH, I think you would stand a much better chance of winning than handling a rifle. The mere act of handling it could make DC easier to prove whereas a holstered "non-firearm" would be much more difficult.
Having said all of the above, I would recommend discussing any such plan with an attorney who has great experience with the firearms laws of Texas. You'd also want video tape rolling so that you could show in court how your peaceful picnic where people just happen to be openly carrying pre-1899 handguns was in no way DC or threatening to anyone. I would also have your attorney present at the gathering. Maybe even have members of the press there, if they would attend. If local TV cameras wereactive I suspect it would lesson the chances of law enforcement arresting anyone without good cause. In addition, if they didn't find some negative aspect to the story, hopefully viewers would see that openly carried firearms didn't cause any problems and they would re-evaluate their opinions on open carry. There is also the possibility that the news would slant it as "can you believe this is legal!" and urge people to call their legislators and have them change the law. :cuss:
Local Government Code
Sec.229.001.FIREARMS; EXPLOSIVES. (a)A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
(b)Subsection (a) does not affect the authority a municipality has under another law to:
(6)regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
(A)public park;
(B)public meeting of a municipality, county, or other governmental body;
(C)political rally, parade, or official political meeting; or
(D)nonfirearms-related school, college, or professional athletic event.
(c)The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.