CCW: What's legal and what's not?

.357SIG

New member
Is it legal for me to carry an MP5K for CCW? Are there any restrictions on what I can carry? I would really like to find the answer, so please respond if you know.

If it helps any, I live in FL.
 

Jeff OTMG

New member
Can't help in Florida, but in Texas the license is a CHL. Handguns only. It is legal to carry your MP5K without a permit here, as it is any rifle or shotgun, open or concealed, loaded or empty. Handguns are the only FIREARMS that are restricted here.
 

Glenn E. Meyer

New member
Interestingly though, I think San Antonio
has a local ordinance against loaded
long arms in the vehicle.

We were talking about this at a Karl
Rehn class Saturday - while you can
carry a loaded shotgun into bank - it might
a penetrating look into how local
and state laws are applied.
 

Dennis

Staff Emeritus
It is definitely against San Antonio ordinance to carry an accessible, loaded shotgun or rifle in your vehicle.

For the purpose of this ordinance, ANY ammunition ANYwhere in the weapon means it is "loaded". (So a pump shotgun with shells in the tube but none in the chamber is still loaded.)

There is a question about the ordinance, according to a Bexar County Sheriff's Deputy, whether or not this would apply to a shotgun in the enclosed trunk of a sedan. He actually stated he did not know.

Remember also, it is against state law to carry a firearm in such a manner as to alarm someone. Whatever the heck THAT means!

The Deputy opined the ordinance was meant to do away with guns in pickup truck window racks. After all, some "child" might steal it! :(

So, to apply this to your situation about what's legal.

You must consider not only Florida state law, but also the ordinances of each county and community that you frequent. Alas, that's research you must do on your own. Guesses and opinions frequently tend to masquerade as fact.


[This message has been edited by Dennis (edited September 13, 1999).]
 

Jeff OTMG

New member
Dennis and I discussed this before and in 1989 Texas passed a pre-emption bill that prohibits any city or county govt from passing more restrictive gun control legislation than the state. The only reason SA still has this is because nobody has used the pre-emption arguement against it. I have contacted the AG office about it in Austin and they said that if you are charged that you would have to bring suit against the entity, then the AG would look at it. A case based on this should be dismissed by the judge on these grounds and any conviction under it would probably not stand up under appeal to a higher court, though it might survive an appeal to the Bexar county court it would not to the state supreme court. So much time, so little money, I would love to try this, if I could just sue to get my expenses, time, and trouble back.
 

bamaflier

Moderator
Depends on whose law. We have a 2nd Amendment that states our right to own and carry arms shall not be infringed. Any other law that does anything besides support that statement is an infringement. I think we should be demanding that our state representatives eliminate all "carry laws" and, at most, replace them with a Vermont-style law that merely affirms what the second amendment already says and leave it at that.
 

Reloader

New member
San Antonio Silly Council also passed an ordinance against lockblade knives, but no one has ever been prosecuted for those, either, that I know of. It is a blind to give probable cause to stop suspicious persons, as far as I have been able to determine.
 

Jedi Oomodo

New member
Jeff,

I was just now reading this, and when I saw the bit about SA's ordinance against loaded longarms, I was thinking "what happened to our preemption?". Thank you for clearing that up for me. It's unfortunate that we have an AG so spineless that he would not commit beyond "someone has to challenge it". I wish someone would- hopefully, someone with the money ad STONES to fight it in court. It ain't me, though, since I'm in Dallas and don't have buckets o' cash. :(

------------------
Lady Justice has been raped, truth assassin;
Rolls of red tape seal your lips, now you're done in;
Their money tips her scales again, make your deal;
Just what is truth? I cannot tell, cannot feel.

The ultimate in vanity
Exploiting their supremacy
I can't believe the things you say
I can't believe, I can't believe the price we pay- nothing can save us
Justice is lost, Justice is raped, Justice is gone
Pulling your strings,Justice is done...
Seeking no truth, winning is all,
Find it so grim, so true, so real....

If it isn't Scottish, it's CRAP! RKBA!
 

jimmy

New member
So, basically, the San Antonio city council is acting illegally. A governmental body that violates the law is not what I'd call setting a good example for the community.
 

Reloader

New member
Welcome to south Texas poitics at its "best".
They are trying to shove stadium #4 down our throats so the spurs don't leave and they are mad 'cause the county beat them to it. We have dead voters voting on a regular basis, Silly council members dispensing favors like LBJ used to do with Kleenex boses and $5 bills, and now, they just discovered that the city inspectors inspect only 5% of new houses and most are unfilt for habitation. The list goes on..be glad u don't live her. As Soon as I finish college, again, I am GONE from here!
 

Jeff OTMG

New member
I asked them about it when Morales was the AG. Morales did not permit CHL holders on school grounds with a firearm to pick up or let off their children. That has changed. I hope to be going to work at the AG office in a couple of weeks and will try again from the inside, if my position allows me to 'schmooze' my way into a friendship with someone who can help.
 

TBeck

New member
Section 790.06 of Florida statute specifically restricts "machineguns" from the list of concealed weapons that are legal to carry with a license. If your MP5K is a Title II firearm you cannot legally carry it concealed even with a CCW license.
 

TBeck

New member
Florida has a preemption law that prohibits counties, cities and local municipalities from passing laws any stricter than those on the state books. A recent ballot initiative gave counties the option of requiring background checks on private sales at gun shows. Otherwise, the state laws are the final arbiter.
 
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