This is mostly for Iceman II, Adam, and other TX LE. It's purely an educational scenario/question. Assume the actor in this situation has a concealed handgun license in Texas and is a Texas resident.
Texas Penal Code defines UCW as:
It makes no mention of a rifle or shotgun, nor does the penal code in any other section make reference that concealed or open carry of a rifle or shotgun is illegal; thus, it is assumed concealed carry of a "long" gun is legal in Texas.
There are places where carry is off limits by statute for concealed handgun licensees. See below:
Then there is section 30.06 of the penal code that requires effective notice for carry to be off limits in places where carry isn't specifically banned by the penal code.
Now, based upon Texas law, and assuming no "gun buster" or "no guns" signs are in place, would it be legal for an actor with a concealed handgun license to carry a concealed "rifle" in an area either prohibited by statute or marked by a valid 30.06 sign when said actor could not legally carry a handgun?
Texas Penal Code defines UCW as:
§ 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club if the person is not[...]
It makes no mention of a rifle or shotgun, nor does the penal code in any other section make reference that concealed or open carry of a rifle or shotgun is illegal; thus, it is assumed concealed carry of a "long" gun is legal in Texas.
There are places where carry is off limits by statute for concealed handgun licensees. See below:
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.
Then there is section 30.06 of the penal code that requires effective notice for carry to be off limits in places where carry isn't specifically banned by the penal code.
Sec. 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.
Now, based upon Texas law, and assuming no "gun buster" or "no guns" signs are in place, would it be legal for an actor with a concealed handgun license to carry a concealed "rifle" in an area either prohibited by statute or marked by a valid 30.06 sign when said actor could not legally carry a handgun?