Personal Defense Carry Considerations

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One of the concerns we have in personal self defense is the appropriate solution that meets realistic operational constraints. The first constraint is the laws of your state which may be enforced against you. Know them well. In Texas, we start form here:

Texas Gun laws

Sec. 46.01. DEFINITIONS. In this chapter:
(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.
(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.
(9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.
(10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle 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 that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; 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;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

What we learn from here is that the state is hostile to handguns, but long arms have no restrictions. Also we see where any weapon will cause an issue:

Sec. 46.03. PLACES WEAPONS PROHIBITED.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
(2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
(e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.
(g) An offense under this section is a third degree felony.

Obviously, the idea of a carry permit is one possible solution to personal defense needs, but as a matter of law:

Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:
(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;

The handgun license merely negates the prohibition against carrying a handgun, and one of the conditions is that the handgun be concealed. This is interesting, as Texas has no laws against any type of concealed weapon, be it handgun, long arm, shotgun, howitzer, rocket launcher. Keep this in mind.

Unfortunately, there are additional restrictions where hadguns can be carried by license holders:

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.


What happens if you go somewhere, and the property owner does not like armed visitors? Then, this comes into play:


§ 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
If you don't want me there, or there with a weapon, you have to say so, and give me the opportunity to leave.

So now to look at weapon choice for defense, and implications, keeping in mind this:

§ 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official
duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the
National Firearms Act, as amended.
(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an
antique or curio; or
(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition
available to an organization, agency, or institution listed in Subsection (b).
(e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in
which event, it is a Class A misdemeanor.

So, the options appear to be handgun with a license, or long arm open or concealed.

But, handgun license holders face some additional restriction that do not apply to long arms:

[TABLE="width: 100%"]
[TR]
[TD]§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.
(a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and failed to depart.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.[/TD]
[/TR]
[/TABLE]
This notice is known as a 30.06 sign, and firearm hostile establishments will have it posted thus:
http://www.texaschllicense.com/documents/30-06-sign.pdf

What is vital to know is that courts in Texas have ruled that the sign must contain the exact language specified in the law to be valid. otherwise, no notice has been given. Firearms hostile businesses will forget either to have the correct language, or that if the language is correct, it does not apply to concealed long arms. Now you see where I am going with this. The law will look much more favorable to carry of a long arm, than a handgun.

Given that the open carry of a long arm carries certain unfavorable possibilities. First, some police officer may decide to arrest you for carrying a weapon in a manner calculated to cause alarm. Second the high pitched scream of a liberal soccer mom, or getting SWATed by some onlooker is apt to be annoying.

So, the better (and more tactical) option may be to go the concealed long arm route. The AR platform is really good for this because of the possibility of breakdown. The short barrel "commando" option would require playing the NFA short barrel rifle game, and anyway, you can get arrested for a NFA weapon is Texas if a cop gets annoyed at the fact that you have found a method to have a weapon on you that does not violate any Texas laws. You can still be charged with the prohibited weapon, but when you show the ATF form, the judge is required to direct a non guilty verdict. However, you are still subject to inconvenience.

I found the better option to get the 14.7 pinned barrel, and carry the rig in my computer bag as so:

DSC00272.jpg


The lower breaks down and fits nicely in the bag. I have a document tube covering the end of the barrel. 4 magazines is a bit heavy, but just shows what you can do. The best thing about the setup is that it violates no laws, and if somebody does not like it, they must give you notice to leave.

Think of it this way - if there is going to be a gunfight, do you want to be a Pistolero?
 
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Nifty idea; but it's going to take you a minimum of 20 seconds for setup / loading ammo.
 
Nifty idea; but it's going to take you a minimum of 20 seconds for setup / loading ammo.
this. if i wamted that much insurance, i would just swap out my G19 for a G20, and carry additional 40SW mags.

Ballistic performance
Bullet weight/type Velocity Energy
4 g (62 gr) SS109 FMJBT 940 m/s (3,100 ft/s) 1,767 J (1,303 ft·lbf)
4.1 g (63 gr) DM11 FMJBT 936 m/s (3,070 ft/s) 1,796 J (1,325 ft·lbf)
4.1 g (63 gr) GP 90 FMJBT 905 m/s (2,970 ft/s) 1,679 J (1,238 ft·lbf)

Ballistic performance
Bullet weight/type Velocity Energy
155 gr (10.0 g) Underwood HP 1,500 ft/s (460 m/s) 775 ft·lbf (1,051 J)
150 gr (9.7 g) Nosler JHP 1,475 ft/s (450 m/s) 725 ft·lbf (983 J)
165 gr (10.7 g) Gold Dot Bonded HP 1,400 ft/s (430 m/s) 718 ft·lbf (973 J)
180 gr (12 g) Hornady XTP 1,350 ft/s (410 m/s) 728 ft·lbf (987 J)
180 gr (12 g) Federal/American Eagle FMJ 1,030 ft/s (310 m/s) 424 ft·lbf (575 J)

so, 2.5 10mm rounds equals one 5.56

you are carrying 90 rounds of 5.56, so i would carry 220 10mm rounds.

so, one regular concealable full-sized pistol (easier for a heavier guy such as myself: i conceal a G19 with no printing and no problems) or the subcompact G29, which is the same size as a compact 9mm/40SW, plus one standard (13rnd?) mag, plus 9 of these 22rnd mags
http://www.botachtactical.com/gl2240sw22ma.html

you would still need a nylon pack for the mags, but the firearm is loaded, ready to go, and immediately accessible...

i wouldnt mind keeping a properly secured AR15 in the trunk of a vehicle ready to go for certain scenarios, but an AR15 is far from an ideal, day-to-day, conceallable firearm...
 
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I think it's a sweet idea. Concealing a rifle, especially one with decent firepower like that AR, could definitely come in handy. I would still want to keep my concealed pistol on my like I always do, but that setup is very attractive for any situation where you might expect the need for, or simply have the desire for, rifle capability.

Though Texas law doesn't apply to me, Colorado law probably isn't too far from it, and is likely more gun friendly. I'll look into it. I believe having an SBR here is a little less hassle than what you described, especially as far as the cops are concerned.
 
I think it's a sweet idea. Concealing a rifle, especially one with decent firepower like that AR, could definitely come in handy. I would still want to keep my concealed pistol on my like I always do, but that setup is very attractive for any situation where you might expect the need for, or simply have the desire for, rifle capability.

Though Texas law doesn't apply to me, Colorado law probably isn't too far from it, and is likely more gun friendly. I'll look into it. I believe having an SBR here is a little less hassle than what you described, especially as far as the cops are concerned.

Exactly.

This provides additional capability in addition to the handgun. In some cases, it can be brought places where the hand gun may not.

In looking at shooting rampages, a number of them involve an individual running amok with a rifle. In such cases, a handgun is at a tactical disadvantage, so the pistolero has to withdraw, or use time and effort to work into position for a shot.

Other consideration is that in times of heavy turmoil - say post Katrina, having more than a handgun on or about your person is advisable.

And I don't need 20 seconds to get it into action .....
 
Exactly.

This provides additional capability in addition to the handgun. In some cases, it can be brought places where the hand gun may not.

In looking at shooting rampages, a number of them involve an individual running amok with a rifle. In such cases, a handgun is at a tactical disadvantage, so the pistolero has to withdraw, or use time and effort to work into position for a shot.

Other consideration is that in times of heavy turmoil - say post Katrina, having more than a handgun on or about your person is advisable.

And I don't need 20 seconds to get it into action .....

If I could afford this I would.. Great post..

And to my mind it would only take up to 10 seconds to get it operational, maybe less if well rehearsed..
 
Wow! Great idea! I'm going to see if my folding stock Vz-58 will go under cover like this. The front sight is pretty high . . .
 
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