Texas gun laws and transporting...

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mrnkc130

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Does anyone know if there are any requirements in Texas for transporting rifles? I'm pretty sure in Texas they do not differentiate between loaded and unloaded weapons, but I have gotten some mixed answers from my friends, especially about rifles needing to be locked or out of reach while transporting them in a vehicle. I've been looking at texas online for a few hours here trying to figure this out on my own but that site is nearly impossible to navagate through...

Also would requirments be any different for NFA weapons like an SBR?

Do you have to show your NFA tax stamp to a regular LEO in a traffic stop situation?

If you have any other handy or interesting texas firearms laws or links to sites that explain them please post...

Looking for any good Texas gun law help, please provide links or law cites if possible...
 
Make sure you are aware of local city ordinances. Some like San Antonio have them against loaded long arms in the car. They may be unconstitutional on the state level but to my knowledge haven't been challenged.

They were designed to bust gang bangers with SKS's in their cars. If you call SAPD, they say that that's the law in town. So you may beat the charge but not the ride.
 
You are required to provide your Form1/4 to Texas law enforcement personnel, when asked.
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I'm pretty sure in Texas they do not differentiate between loaded and unloaded weapons, but I have gotten some mixed answers from my friends, especially about rifles needing to be locked or out of reach while transporting them in a vehicle.
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This is basically correct unless the firearm is accessible to a child under 17. Most of the TX laws governing the carrying of weapons are in Title 10, Chapter 46 of the TX Penal Code. Here's a link:

http://www.statutes.legis.state.tx.us/Docs/PE/pdf/PE.46.pdf

Here's the pertinent section, with emphasis on the important parts:
Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.
(a) In this section:
(1) "Child" means a person younger than 17 years of age.
(2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber.
(3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.
(b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:
(1) failed to secure the firearm; or
(2) left the firearm in a place to which the person knew or should have known the child would gain access.
(c) It is an affirmative defense to prosecution under this section that the child ’s access to the firearm:
(1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;
(2) consisted of lawful defense by the child of people or property;
(3) was gained by entering property in violation of this code; or
(4) occurred during a time when the actor was engaged in an agricultural enterprise.
{Penalty section omitted}
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In layman's terms, if a person under 17 will have access to the vehicle, the rifle must be unloaded or "secured" by placing it in a locked case or using a trigger lock. I'm a "belt and suspenders" person, so I'd make sure it was unloaded and locked.
 
thanks for the link chris...

It looks like to me the only places you cannot carry a rifle are those described in "Sec.A46.03.AA PLACES WEAPONS PROHIBITED" the same for places you cant carry concealed.

I really dont see anything about rifles, I have heard you can walk down the street with a rifle, every cop will stop you and ask what you are doing and you're bound to get hassled, but it isnt illegal.

I also dont see anything about NFA weapons, just basically you cant have them in places weapons are prohibited or cant have them at all if they arent NFA registered weapons (go figure).

Does anyone have a link to federal laws or helpfull information in regards to transporting NFA weapons? or are they exactly the same as any other weapon in the eyes of the state if they are NFA registered?

They need to make a "dummy's book of firearm laws" for each state. Its great having a hobby that can get you in serious trouble for simple ignorance of an outdated law that probably wasn't even written for the reason you violated it.
 
I'm just speculating here but I think the only time you have a

concern with NFA weapons is when traveling out of state, then you need to file some paper work with BAFTE. At least that's what a friend of mine from Florida used to have to do when bringing his to my state (S.C) to shoot. He needed to list the address of the location he would be shooting at. I'm not sure he needs to do that anymore since he is now a licensed manufacturer of NFA weapons.

One of his 'best' stories is about being pulled over by a local LEO and the officer asking him if he has any weapons in the vehicle and him saying yes he has a fully automatic 9mm sub-machine gun behind the seat in a case....loaded.
 
It looks like to me the only places you cannot carry a rifle are those described in "Sec.A46.03.AA PLACES WEAPONS PROHIBITED" the same for places you cant carry concealed.
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Basically true, just don't forget federal property, i.e. post offices, USACE parks, etc.
I really dont see anything about rifles, I have heard you can walk down the street with a rifle, every cop will stop you and ask what you are doing and you're bound to get hassled, but it isnt illegal.
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Correct. :)
 
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