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General Firearms Law Discussion / Re: National Reciprocity in NJ
« Last post by georgeb45 on February 03, 2018, 11:18:15 AM »
This is surely going to have far reaching implications on the people who genuinely need to carry a gun. While traveling and crossing borders even across states it is going to be a real nightmare if it does not come without any changes for the benefit of the common people.
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Ask the Lawyers / Re: Legality of carrying with "Clipdraw"
« Last post by TexasLawShield on February 02, 2018, 03:22:23 PM »
Mrjlw,

You are correct that Texas law requires an openly carried firearm to be in a belt or shoulder holster. If the firearm is concealed, there is no holster requirement. Holster is not defined in the penal code, so it would likely be given its plain or traditional meaning as understood by a layperson. There is little caselaw that gives guidance on what is and is not a holster.

Clipdraw makes two categories of firearm securing products. One is simply the clip that fastens around the frame or the slide of the gun allowing easy attachment to a belt or pocket. The other is the clip with an attached trigger guard. Although holster is not strictly defined in the penal code, it is unlikely that either of these items would be considered a holster. The video on the clipdraw website even states “use clipdraw for inside the waistband concealed carry without a holster.”

Clipdraw can be used for concealed carry in Texas because there is no holster requirement. But if you plan to open carry, using clipdraw might be an unlawful carry. Hopefully in the coming months, we get more guidance from the courts but in the meantime, it’s better to be safe than sorry.
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Randy024,

Thank you for your questions. Due to the complexity of the issue, please reach out to our independent program attorneys at 877-448-6839 who will be able to assist you further.
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Ask the Lawyers / Re: Loaded Truck Gun with Handgun License in OK
« Last post by TexasLawShield on February 02, 2018, 03:20:05 PM »
Initial points, only pistols qualify for carrying purposes under the SDA. You don't need a license to carry a firearm, pistol or long gun on private land. However, when you venture onto public roads, you must carry all firearms according to law.

Oklahoma Statutes:  21 O.S. section 1289.13, transporting a loaded firearm says:
Long guns, shotguns and rifles cannot be carried loaded in a vehicle on public roads.

Sorry, under Oklahoma law, you cannot store and then transport a loaded rifle under the back seat or anywhere in your truck on a public road, except empty.

Sorry, but the rifle cannot be chamber loaded when being transported on a public road. When the magazine is loaded, chamber empty, the rifle must be transported in an exterior locked compartment of the vehicle or trunk; or in the interior of the vehicle, when the person is in possession of a valid handgun license.

If you have a pistol, AR pistol or other rifle caliber pistol, qualifying for pistol status under Oklahoma and ATF regulations, it is a very valid and convincing argument that the AR pistol is a pistol and not a short barreled rifle. If you have a pistol, you may carry it fully loaded anywhere on your person and transport your pistol legally under the Self Defense Act. For example the Ranch Hand lever action pistol is a pistol even though it looks like a short barreled, short stocked, lever action rifle. Another example: The CZ Scorpion looks like a short barreled rifle, but it is a pistol. Your AR pistol must have been originally manufactured as a pistol and not a rifle to qualify as a pistol.
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Thanks so much for your question. Due to the nature of the restrictions in Virginia law, more information is needed before we can provide an accurate response. Please feel free to contact our independent program attorneys who can further assist you with your question.
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Neighbor’s correct that you have plenty of options to consider. Practically speaking, it’s unlikely that your employer would discover a firearm concealed in your locked vehicle while you’re working and even less likely that they would search your vehicle at any point. Assuming they did discover your handgun, you would still not be in any legal trouble, just going against your employer’s wishes.

Keep in mind that Texas is an at-will employment state. This means that your employer can terminate your employment for any reason at any time (e.g., your employer lets you go because they hate your sweater). They can terminate you if you violate the policy whether it’s written or not.
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Ask the Lawyers / FL Question: Transportation of Firearms on "Public Conveyances"
« Last post by sacvet on January 22, 2018, 07:52:38 AM »
My question concerns the following statute:

F.S. 790.25(3)(l)
"A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;"

Q1:   I interpret this as you are not allowed to ride a city, bus, city trolley, or skyway carrying a concealed weapon, and that weapon cannot be in your manual possession, i.e., in a bag, purse, case, etc.   Since these methods of conveyance don't normally provide separate luggage space, you cannot carry a firearm or other weapon on them.  Even if they did provide separate storage, temporarily storing a container with a weapon in it would be problematic.

Q2: Are modes of transport, like trolleys operated by private enterprises for the benefit of the public considered a "public conveyance.?  Example: the numerous trolley companies that operate in St. Augustine which provide tours of the city.
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Ask the Lawyers / Legality of carrying with "Clipdraw"
« Last post by mrjlw on January 17, 2018, 03:23:27 PM »
I am by no means a lawyer, but it would seem to me that since "Clipdraw" is technically not a holster, it would potentially be unlawful to use in Texas. Is "Clipdraw" lawful or unlawful to use in Texas?

I was reading through some Penal Code and found this, and thus why I am questioning the legality of this product (which I absolutely love, so it would suck if I can't use it). The specific portion in question is in bold.

"Sec. 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person commits an offense if the person:
(1)  intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club; and
(2)  is not:
(A)  on the person's own premises or premises under the person's control; or
(B)  inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1)  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1)  the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
(2)  the person is:
(A)  engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;"
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So You Had To Use A Gun, Now What?

Is this valid in Wisconsin/Are there lawyers in Wisconsin to protect me?
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Ask the Lawyers / Loaded Truck Gun with Handgun License in OK
« Last post by swatkins on January 13, 2018, 06:13:03 AM »
I have an OSBI issued handgun license. I’d like to start carrying an AR 15 in my truck. So I have a few questions:
 
  • can I store the rifle loaded under the back seat?
  • can the rifle be chamber loaded? If not, can it be mag loaded, chamber empty?
  • If it’s an AR pistol chambered in 5.56, can it be fully loaded?

I appreciate your time.
swatkins
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