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concealed carry?

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Old 08-12-2011, 06:48 AM   #1
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Question concealed carry?

I would like to know if it is legal in small texas towns (and occaisonally Austin) to carry a .22 air pistol i am gonna use it for shootin cans and stuff.

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Old 08-12-2011, 08:25 AM   #2
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State and Federal laws apply even in small towns.
I suggest that you get to know the laws of your state before carrying anything.

Amendment II:
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

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Old 08-12-2011, 09:25 PM   #3
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Air guns are not specifically regulated under Texas law. Carrying one is not illegal under Texas regulations, but may be under city ordinances. I am not aware of any local ordinances that are applicable.

WTS, in Austin an Police Officer would probably get a bit upset at your carrying. Austin is not known as one of the more gun friendly cities in Texas. I am not sure why you would want to carry an air pistol (concealed or otherwise). Just in case the opportunity to shoot some cans arose?

We get rashes of Criminal Mischief cases where people drive around shooting out car windows with BB-guns. I worked a case about 2 years ago where a duo of window killing drive-by DB's caught a good Felony rap as they had shot out dozens of windows. Damages totalled on the thousands.

According to case law, Air guns are not deadly weapons, per se. That is to say one must articulate the deadly manner in which it was used to make certain cases.
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Old 08-12-2011, 09:32 PM   #4
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discharging an airgun in an unsafe manner is about the same sort of trouble that dropping bricks off a bridge onto the interstate will get ya. both are legal to own but what ya do with em can get you into real trouble.

the law is all about intent. if your intent is to carry an airgun in order to bypass your state ccw laws it wont matter much if its an airgun or a regular firearm.

i can see how a person can get convicted of breaking ccw laws wth an airgun if a particularly eloquent da played it the right way to a lefty jury
"Gun control: The theory that a woman found dead in an alley, raped and strangled with her panty hose, is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound." L. Neil Smith

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Old 08-12-2011, 10:55 PM   #5
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Sorry please take no offense. But I could not see carrying an air gun for CCW anyway. If you had to use it you are just going to P--s someone off. And the real fact is they might think it is a real gun and shoot you! I am not sure I understand the logic behind this thread?

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Old 08-16-2011, 10:09 PM   #6
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In many jurisdictions air-powered pistols are considered firearms. They use "expanding gasses to propel a projectile" I'd be double darned sure of local law.

Many of the new C02 pistols look a lot like the real thing. I nearly double tapped a teenager with a Walther PP look-alike air pistol one night some years past. Thank God he dropped it immediately when I challenged him! Other than the small "wing nut" screw on the baseplate of where the magazine would be located, it looked like a .22 PP, and you couldn't see that while it was in his hand. Luck and more luck averted a tragedy and a mountain of paperwork. Just a word of caution.

Be safe, and check your local laws! But personally...if you want it with you...the trunk or a case would be a GREAT place to carry it.
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Old 08-16-2011, 10:44 PM   #7
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Originally Posted by danf_fl View Post
State and Federal laws apply even in small towns.
I suggest that you get to know the laws of your state before carrying anything.
But the Second Amendment....forgetaboutit.......

"You assist an evil system most effectively by obeying its orders and decrees. An evil system never deserves such allegiance. Allegiance to it means partaking of the evil. A good person will resist an evil system with his or her whole soul."
-Mahatma Gandhi
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