Plan to OC my rifle in Texas, need some pointers

Plan to OC my rifle in Texas, need some pointers

This is a discussion on Plan to OC my rifle in Texas, need some pointers within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So I've gone three times with a group of 30-40 people here in DF/W area where we walk down the streets and OC our rifles. ...

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Thread: Plan to OC my rifle in Texas, need some pointers

  1. #1
    Senior Member Array adric22's Avatar
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    Plan to OC my rifle in Texas, need some pointers

    So I've gone three times with a group of 30-40 people here in DF/W area where we walk down the streets and OC our rifles. Here's some of us from yesterday posing for a picture by the Library in Arlington. I'm the second one to the right, right above the "RA" in library.



    So, the experiences so far in Mansfield and Arlington have been very positive. Lots of people honking, waives, and thumbs-up. The police have sort of followed us and babysat us as we walked, and when we went into restaurants to eat. As a group, our experience with the law enforcement has been fairly positive.

    However, some people in our group have had some negative experiences when they went out by themselves with their rifle. Nobody has been arrested or given any sort of citation, but there have been some unpleasant incidents with law enforcement. I'm planning soon to go out myself here. I have a .22 rifle it is one of those that is designed to sort of look like a military style rifle, though, as you can see me holding it in the photo. So I would imagine to the untrained eye, it would have the same psychological effect on people as an AR-15. I have a sling and it will be on my back.

    Obviously, I've researched and for the most part, I know what is legal and what is not. But there are some things I'd like answered before I go and I suspect some of you guys might have some good advice. Yes, I'm sure some will say "just don't do it" but that isn't the type of advice I'm looking for.

    Question 1. I suspect I'm going to interact with law enforcement. I don't really want to have an incident with them, I don't want an argument or a shouting match. If they approach me, I want to have the smoothest possible encounter. I know I'm not required to do so, but I have no problem telling them my name or showing I.D. After all, they are probably going to be seeing a lot of me and we might as well be on a first name basis. I have no plans to make a video of the encounter to intimidate the officer. (however, I might have my iphone recording audio from my pocket just for my protection) What advice can you give to make the encounter smooth and respectful? Should I inform the police department before I take my walk, or should I wait for somebody to call in a MWAG?

    Question 2. I know there is an issue with firearms in a certain proximity to schools. We have a lot of schools in my area. I know with my concealed handgun permit, those restrictions are essentially void unless I actually enter the school building. But when carrying a rifle, I suspect this may fall under a different law. I'm concerned because some of the places I want to walk are going to be near schools. Not by design, just happens to be an irritating coincidence because I have schools in pretty much any walking direction from my home.

    Question 3. The city parks. Ok, so the parks have a big sign with all of these rules on them. One of the rules is "no firearms." Normally, I can ignore these signs when carrying my concealed handgun. However, I'm not sure what the legal weight is when OC'ing a rifle. One issue that comes to mind, however, is that the parks are owned and operated by the city. And according to Texas law, I understand that cities are not allowed to restrict firearms above and beyond any restrictions the state has. I don't plan to be in the park much, mostly on the bike trails. I'd like to carry the rifle while bicycling. But I'd have to park my car in the main parking lot at the city park.

    I think those are my three main concerns right now. I need an expert in Texas firearms law to help me out on these.. Thanks!
    Kennydale likes this.
    "Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws." -Plato


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    VIP Member Array 357and40's Avatar
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    1: Be polite and cooperative and it will likely result in a more positive encounter. No reason to jam "im carrying because i can" down a cops throat.

    2: You can always ask a lawyer rather an armchair QBs here.

    3: see #2

    Best wishes on a peaceful outing.
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    Is that dude with the hunting rifle wearing a PETA shirt?
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    Senior Member Array adric22's Avatar
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    Quote Originally Posted by PEF View Post
    Is that dude with the hunting rifle wearing a PETA shirt?
    Yes, and underneath it says "people eating tasty animals." I could see how that could be confusing from such a distance.
    gasmitty and 357and40 like this.
    "Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws." -Plato

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    VIP Member Array NONAME762's Avatar
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    Cool

    Mr 357&40 has great advice. Cops love to check IDs. The fact you have no prob showing yours would be to your advantage v the guys that OC handguns yet refuse to provide IDs including their names. Cops hate non cooperation. Traditionally they'll bump up their presence <(not the word I wanted to use, best I can come up with).

    Taking your phone to make an audio recording is good thinking. OTOH cops know phones have that capability. They also know 99% of Americans have cell phones. Cops aren't above making threats real or perceived of arresting you for recording them. What I would propose is taking a VOX (voice activated recorder) with you. Place it in a button down shirt pocket and button down the pocket flap. If you go with the pocket recorder I would test how well it records in a shirt pocket or pants or windbreaker pocket first BEFORE you make your OC of a rifle walk. It wouldn't be a bad idea to research attorneys who specialize in gun cases. Have 1 or 2 on speed dial.

    I wish you good luck and no MWAG calls. Personally I wouldn't but that's just me.

    MODS... I worded my post as carefully as I could to not disparage LE. If any part of it isn't to your liking, rather than 5 point me perhaps you could just remove any 'tricky parts' and leave my post mostly intact. Thank you
    Last edited by NONAME762; September 4th, 2013 at 01:01 PM.
    357and40 likes this.
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    VIP Member Array NONAME762's Avatar
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    Quote Originally Posted by adric22 View Post
    Yes, and underneath it says "people eating tasty animals." I could see how that could be confusing from such a distance.
    Don't EVEN get me going on the PETA crowd. There again has anyone ever heard of those PETA pukes throwing blood or red paint on REAL BIKERS?!?? Of course not. They just pick on people who WON'T FIGHT BACK!!!
    Ghost1958 likes this.
    I'm just a spoke in the wheel but not a big deal.
    America...a Constitutional Republic. NOT a democracy as the liberals would have us believe.
    Give me Liberty or give me BACON!!!
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    Good luck

    Your efforts will either help or hinder, which one is anyone's guess.

    Keep us posted.
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    Member Array FAS1's Avatar
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    In San Antonio that might get you charged with disorderly conduct.

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    VIP Member Array mcp1810's Avatar
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    The federal Gun Free School Zone could be a problem:
    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (i) on private property not part of school grounds;

    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    I think the issue is the specific wording. The license we have is a "Concealed Handgun License" so we are in fact only licensed by the state to carry a "Handgun".
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    Quote Originally Posted by FAS1 View Post
    In San Antonio that might get you charged with disorderly conduct.

    Men charged with 'disorderly conduct' after open carrying outside of San Antonio Starbucks (VIDEO)

    So...what was the final outcome?
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    VIP Member Array Harryball's Avatar
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    1. Inform the dept of your intentions. Things will go much smoother that way.

    2. Stay away from schools. Consult an attorney..

    3. Consult an attorney..

    I am sure some others will be along to give you there advise as well. I do have some questions, Why are you taking the route? Is firearms activism something you want to get into? Legalities aside, what are you trying to gain?
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    Senior Member Array adric22's Avatar
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    Quote Originally Posted by Harryball View Post
    I am sure some others will be along to give you there advise as well. I do have some questions, Why are you taking the route? Is firearms activism something you want to get into? Legalities aside, what are you trying to gain?
    Well, we're fighting for open-carry in Texas. And by carrying the rifle, a lot of people tend to ask what you are doing. This gives me an opportunity to explain our absurd laws in Texas that we can open carry a Rifle, conceal carry a pistol, but can't open carry a pistol. This is also bringing the police and dispatch up to speed as calls come in about a man with a gun. You'd be surprised how many people believe that it is illegal for me to walk around with a loaded rifle on my back in public. So this educates people about the laws. There are quite a few of us in Texas that are now doing this. We started in groups but we're taking baby steps so that we can get to the point that an individual can do this without law enforcement harassing us. Many of us have already walked into stores and restaurants by themselves (first clearing with corporate as to their open-carry policies) and some have had incidents and some have not.

    And while the ultimate goal is to get open-carry of pistols, there's also the part of me that says, if we can do it legally, why not? The only real answer to that question lies in the fact that it alarms people and the police may harass me. Otherwise there really is no good reason not to. But, in time if more people take advantage of their right to do this, these issues will subside. I actually don't see any problem with the idea of walking through a grocery store and seeing 2 or 3 people open-carrying an AR15 on their back. That actually would provide a type of security we haven't seen before. I'm sure some people won't see it that way, though.

    I want to get to the point where I'm carrying my rifle just about everywhere I go, if it is legal. When asked by people or police "why" I am doing it.. my answer will be, "Until Texas passes a law that says I can open carry a pistol, this is going to be my new fashion accessory."

    Some people ask why I'm willing to risk getting into trouble over this. I can't help but think of Rosa Parks, when she didn't want to give up her seat on the bus. She could have conformed to society's rules. But she chose to risk her personal comfort so that others could enjoy freedoms. I feel I'm doing the same thing.
    "Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws." -Plato

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    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by adric22 View Post
    Well, we're fighting for open-carry in Texas. And by carrying the rifle, a lot of people tend to ask what you are doing. This gives me an opportunity to explain our absurd laws in Texas that we can open carry a Rifle, conceal carry a pistol, but can't open carry a pistol. This is also bringing the police and dispatch up to speed as calls come in about a man with a gun. You'd be surprised how many people believe that it is illegal for me to walk around with a loaded rifle on my back in public. So this educates people about the laws. There are quite a few of us in Texas that are now doing this. We started in groups but we're taking baby steps so that we can get to the point that an individual can do this without law enforcement harassing us. Many of us have already walked into stores and restaurants by themselves (first clearing with corporate as to their open-carry policies) and some have had incidents and some have not.

    And while the ultimate goal is to get open-carry of pistols, there's also the part of me that says, if we can do it legally, why not? The only real answer to that question lies in the fact that it alarms people and the police may harass me. Otherwise there really is no good reason not to. But, in time if more people take advantage of their right to do this, these issues will subside. I actually don't see any problem with the idea of walking through a grocery store and seeing 2 or 3 people open-carrying an AR15 on their back. That actually would provide a type of security we haven't seen before. I'm sure some people won't see it that way, though.

    I want to get to the point where I'm carrying my rifle just about everywhere I go, if it is legal. When asked by people or police "why" I am doing it.. my answer will be, "Until Texas passes a law that says I can open carry a pistol, this is going to be my new fashion accessory."

    Some people ask why I'm willing to risk getting into trouble over this. I can't help but think of Rosa Parks, when she didn't want to give up her seat on the bus. She could have conformed to society's rules. But she chose to risk her personal comfort so that others could enjoy freedoms. I feel I'm doing the same thing.
    Thanks for answering my questions, I am not really well versed in texas law, but have heard somethings regarding the rifle being loaded, are you sure you can have it loaded? Either way, good luck...
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    Don't forget your Camera!!! Need to show all those unfair cops and stuff...

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    I am torn on this , First off let me say i guess it takes people or groups to push the envolope a bit to bring about change . That is the good part .
    The bad part it may also get the anti's to push back harder too.
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