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91
General Firearms Law Discussion / Re: NJ castle doctrine
« Last post by fakwak1987 on August 20, 2017, 06:37:30 AM »
NJ politicians work hard to protect the criminals with gun laws.  They would prefer you become a victim without any defense.  With a firearm you have to train and practice to put yourself in a position of your firearm was your only choice.  Of course having US Law Shield is necessary because you will need it.
92
General Firearms Law Discussion / Membership coverage
« Last post by fakwak1987 on August 19, 2017, 02:47:36 PM »
Can someone tell me if US Law Shield covers me if I am denied a gun permit or carry permit?
93
Ask the Lawyers / Re: Questions on NFA definition of a "Firearm"
« Last post by TexasLawShield on August 18, 2017, 02:19:26 PM »
sixguntom,

AR receivers are considered firearms. Under federal law, items that may be readily converted to expel a projectile by explosive force are considered firearms. This includes a receiver because it can readily combined with a barrel and stock and trigger to make a rifle. You are correct to be concerned about the classification of your combination of firearm components and it can be confusing.

Rifle:
Federal law defines a rifle as a weapon designed or remade to be fired from the shoulder. You are right in thinking that because an AR receiver is not yet a rifle is not technically designed to be fired from the shoulder. By putting an 8-10” barrel on your AR receiver you are effectively creating an AR pistol, not a rifle.

Pistol:
A pistol is a firearm with a short stock designed to be fired with one hand. An AR receiver with an 8-10” barrel would likely qualify as a pistol. But, the addition of a vertical grip or a shoulder stock would render it not a pistol.

Short-Barrel Rifle:
A short barrel rifle is a rifle that has a barrel shorter than 16”. This type of rifle is restricted by the NFA and requires a tax stamp. Please note: if making or modifying a short-barrel rifle, the firearm must be registered and tax paid BEFORE the rifle is modified.

BE CAREFUL:

You cannot attach a shoulder stock to your AR pistol. A shoulder stock would make your AR pistol a short barrel rifle. Despite the overall length, the stock makes it a rifle because it is designed to be fired from the shoulder. As a short barrel rifle, you would be in possession of an illegal firearm under the NFA.
 
Unfortunately, it is also probably illegal to attach a vertical grip to your AR pistol. Under the federal law, a pistol is a firearm designed to be fired with one hand. Attaching a vertical grip means your firearm will no longer be “designed” to be fired with one hand. In this case your firearm will not be a rifle or a pistol and will likely be classified as an AOW.

The combination you described would either be a short-barrel rifle or an AOW. It is likely an NFA restricted firearm and should not be carried. Possession of this firearm, whether on your person or in your car or at home, would be illegal without the proper registration and tax stamp.
94
Ask the Lawyers / Re: Hard case when travelling
« Last post by TexasLawShield on August 18, 2017, 02:18:20 PM »
CCrease,

The federal “Safe Passage” law found in 18 USC 926A, requires only that your firearm be unloaded, locked in a container, and inaccessible. The law does not specify whether the container must be hard or soft, simply that it lock.

Further, under the federal law, ammunition need only be locked in a container. There is no specification that this be a separate container. Therefore, any type of locking container would be considered legal and ammunition may be in the same container as a firearm.

Even so, it is always best to consult with your independent program attorney before taking any trips in the event your destination state has different gun laws than your home state.
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Ask the Lawyers / Re: Handguns in Hotels
« Last post by TexasLawShield on August 18, 2017, 02:17:16 PM »
can0228,

There is no state law or provision that prohibits someone with a LTCF in a hotel under the facts that you describe. The hotel may have a “policy” against guns, but that is not law. The worst case scenario is that, if it discovered that you have a firearm against any such policy, then they can ask you to leave. It does not “cancel” your LTCF simply by their policy. It does not become criminal unless you refuse to leave after they evict you. Common sense rules the day. Myself personally when I stay in a hotel in Pennsylvania that is not in a prohibited place, I just carry it on me all the time concealed as I have a LTCF and just don’t bother to find out their policy one way or another. It only becomes a potential issue, I should think, if you open carry. If you are carrying a rifle or rifle case then just have it accounted for and locked up when you leave the room. As a matter of common sense, I would never leave a firearm or long gun open in a hotel, just like I wouldn’t money or a watch or anything of value.
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General Firearms Law Discussion / Re: Texas Law Regarding Shooting a Dog
« Last post by SirBobsalot on August 18, 2017, 08:08:36 AM »
Based on my experience...

In addition to legal repercussions you should be prepared to face public harassment.  I know of a case where a man had to kill a dog and many dog lovers protested and harassed him because of it, while no one showed any concern for the victim of a sexual assault case happening in the next courtroom.   

There is so much involved in any shooting these days that it is almost impossible to plan for every contingency.

97
Ask the Lawyers / non-resident permits reciprocity
« Last post by ng101 on August 18, 2017, 02:00:10 AM »
For Texas residents getting non-resident permits, are Texas residents still treated as "license holders" under Subchapter H as far as the Texas Penal code, restrictions, and protections ( castle doctrine) go? What obligations do Texans still have to follow beside the usual things like 30.06, 30.07, campus carry restrictions, 51% etc. Do L.E. have to consider the non resident permits as "valid" according to the reciprocity agreements? " (2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code." Also if I were to violate a Texas law what would happen to my non resident permit? 
98
Ask the Lawyers / Re: Texas state aquarium
« Last post by paul on August 16, 2017, 04:18:46 PM »
contacted TABC thy said a vender rents the aquarium at night and list the whole place as there business so the state aquarium is 51% even though no one sells alcohol when there open to the public.
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Ask the Lawyers / Re: Texas state aquarium
« Last post by paul on August 16, 2017, 03:46:35 PM »
thank you I will call them
100
Ask the Lawyers / Re: oklahoma city zoo
« Last post by TexasLawShield on August 14, 2017, 01:24:16 PM »
egris52788,

The Oklahoma City Zoo is advertised as a zoological park located in the City of Oklahoma City. However, because the zoo is not a municipal park, owned and administered by the City of Oklahoma City, you can not legally enter the zoo premises while carrying a gun like you might enter any city park.

According to your question, the premises owner, of the zoo, placed signs barring entry to fire arms. There are consequences like fines and penalties in the amount of $250.00 plus court costs if you are caught with a firearm in your possession, at the zoo, and refuse to leave or make a fuss about entering after telling the zoo officials you insist upon entering the zoo with a gun.

I would not recommend attempting to enter the controlled entry area at the zoo with a gun; you are subject to a fine. The zoo is a controlled entry property.  The zoo is owned, operated and controlled by:

The Oklahoma City Zoological Trust. The trust, a public trust of the State of Oklahoma with the City of Oklahoma City as beneficiary, is the governing authority of the Oklahoma City Zoological Park.

Legal research, reveals: The Zoo is not owned or leased by the City of Oklahoma City. It is owned by a public trust. The public trust is a separate legal entity from the City of Oklahoma City.

TITLE 21 § 1290.22 BUSINESS OWNER’S RIGHTS
 A. Except as provided in subsections B, C and D of this section, nothing contained in any provision of the Oklahoma Self-Defense Act shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer, place of worship or business entity to control the possession of weapons on any property owned or controlled by the person or business entity.

E. The carrying of a concealed or unconcealed firearm by a person who has been issued a handgun license on property that has signs prohibiting the carrying of firearms shall not be deemed a criminal act but may subject the person to being denied entrance onto the property or removed from the property. If the person refuses to leave the property and a peace officer is summoned, the person may be issued a citation for an amount not to exceed Two Hundred Fifty Dollars ($250.00).

Based on my research, the Zoo is a property owned by a Public Trust for the benefit of Oklahoma City. Therefore, the public trust, the Zoo, may exclude the open or concealed carry of firearms, however, the penalty is a non criminal penalty of $250.00 citation which does not include court costs.
 
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