Texas-Book-Gun Law Armed And Educated - Flipbook - Page 304
A. General preemption laws not specific to LTC holders
In addition, Texas Local Government Code Section 229.001(a)
prohibits municipalities from enacting regulations relating to
the “transfer, possession, wearing, carrying, ownership, storage,
transportation, licensing, or registration of firearms, air guns,
knives, ammunition, or firearm or air gun supplies or accessories”
for any person—not just LTC holders.
B. How big of a handgun can an LTC holder or constitutional carrier
legally carry?
As we mentioned in Chapter 5, federal law dictates that any firearm
which has any barrel with a bore of more than one-half inch in
diameter (.50 caliber) is a “destructive device” and is subject to
the National Firearms Act (except for certain shotguns). Possession
of any such firearm without the proper paperwork associated with
NFA firearms is illegal, whether a person is an LTC holder or not.
See Chapter 17 for more information on destructive devices and
the NFA.
Otherwise, there is generally no limit on how big a firearm a person
can carry—a person may carry a long gun (in accordance with the
law and in non-prohibited places) and a handgun as long as it is
either concealed or in a holster while open carrying. The main issue
with “scarier-looking” firearms is the carrier does not want to be
seen as carrying in a manner calculated to alarm. See Tex. Penal
Code § 42.01. Otherwise, as long as the item is legal, the carrier is
legal, and the manner and place in which the firearm is carried is
legal, the person is generally good to go.
Law Of Handgun Carry: Part III 293
