Gun Laws in Texas. . .?

Question

Can someone clarify FOR SURE some of the gun laws in Texas? (There are no crazy circumstances-everybody is over 21, no felonies, etc.)

Specifically, a friend and I are debating whether it's legal to carry a gun in a car. I say it's ok as long as it is in plain sight (not concealed). He thinks I am wrong on this.

Does it matter if it's a long gun? Handgun? Assault weapon?

I think you can walk down main street with a gun over your shoulder if you want. (Not that it would be a GOOD idea, just that, technically, it's legal as long as you are not threatening anyone, not a felon, etc.)

Also, there seems to be some confusion over sale and possession of automatic/semi-automatic weapons. Can I legally own one of these?

Also, if I sell a firearm (just as an individual selling from my personal collection-not a business or anything) am I responsible for NICS checking the purchaser?

Answer 1

Question #1: you may carry shotguns, rifles, assault rifles in a vehicle if the are in plain sight or in a case. The may also be placed in the trunk of the vehicle. Though it is out of sight, it is also not accessible to the driver while in the vehicle, and therefore it is not considered concealed.

Handguns may be in the vehicle of a person the a CCL or someone who is a TCLEOSE Certified Peace Officer. CCL from other states is not recognized, and there is some discretion concerning out of state police officers.

Question #2: True, you can carry a weapon in public. But there aren't any places you would be able to enter with the firearm in hand.

Question #3: There is no limits or restrictions on semi-automatic(assault) weapons in the state of Texas. Automatic weapons carry the restrictions set forth by the Federal Governemt.

Question #4: If you sell a used firearm through say the paper or internet, you are not required to perform any sort of background check. Background checks are only required of federally licensed stores/ companies. This is the law for any firearm.

Note: there is no waiting period, required training, registration, etc in the state of Texas for any firearms sells at all.

Answer 2

No if he has a felony. If he doesn't your fine. Also. Texas law lets a convicted felon possess a firearm on the premises where he lives once five years have elapsed from his release from prison or from parole, whichever is later. Texas Penal Code §46.04. And then federal law says It generally prohibits a person convicted of a crime "punishable by imprisonment for a term exceeding one year" from possessing a firearm. The test is the length of possible punishment, not whether the crime is called a misdemeanor or a felony. No exception is made for having a firearm at the home, no matter how long ago the conviction. 18 U.S.C. § 922(g). So even if he has a felony charge (and with 11 months in I assume he does), he might still be in the clear.

Answer 3

Ok first off, hand gun in car plain site or not. That's illegal unless you have a concealed handgun license. in regards to rifles, shotguns and even assault (assuming u have the permit) it is still illegal to have up from with you. In most cases you should carry the gun unloaded safety on and ammo stored separate from the gun. if its anything other then a hand gun its not suppose to be roaming around with you unless you are coming or going to a gun range or the place u bought it from. if you do have the hand gun license you can have it with you in the drivers seat loaded but you better not show it or wave it out in the open you will just get shot by a cop most likely. as far as i know in Texas you can own most types of weapons automatic or not they just have to follow certain laws that are different depending where you live.
in regards to selling yeah just talk to your local county office about that each country has different laws you have to follow.

Answer 4

In the state of Texas it is legal to carry a weapon in your vehicle. It can be any type of weapon and it can be concealed. The law was changed about 2 years ago to allow this.

In order to carry one on you person you must have a permit. The permits are "shall issue", which means that if you have a clean record they have to issue it to you. No politician or cop gets to decide and you do not need a reason.

As a private citizen you do not need to complete a background check.

You can own and possess a machine gun, you have to have pay a fee and subject to a background check.