Open Carry, CCW and Gun Purchases in Texas

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Fosbery

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Hi,

My nephew has just got in touch with me to say that he may well be going to university in Texas in a couple of years as part of his course here in the UK and wanted to know about the laws there. I don't know anything about Texas law, so I thought I'd ask you lot :)

Is open carry legal in Texas?

Can you buy a gun, open carry or CCW if you are there on a student or temporary work visa (one or two years)?

If he can carry but not buy a gun, could somebody buy one for him?

If he were to spend a year in somewhere like Vermont where no CCw permit is required, or somewhere where no permit is needed for open carry, could he have someone buy him a gun?

How much does a CCW permit cost (including classes, fingerprinting etc)?

What happens with getting a full blown immigrant visa? Can he get one for a year or two, then come back to the UK for a few years and then return to the US? How difficult would it be to get an immigrant visa considering he will be a student with a place at a US university, English speaker etc?

What are the best places to shoot and who are the best CCW trainers in north Texas?

Is it legal to carry on campus/keep guns in student accomodation?

He would be 20 in his first year there, 21 in his second if he stays for longer. Are there any age limits of 21, or are they 18?

If guns are not an option, can he carry a knife (length?)/OC/baton/tazer?

Thanks :)
 
Open carry of a modern handgun is not legal in Texas. Can legally open carry a rifle or shotgun I understand, and supposedly "antiques" can be open carried due to a loophole in the law but would likely result in a lot of hassle (and this may be incorrect, I'm not certain on this supposed loophole in Texas law). Many universities/colleges ban weapons, even in pro-gun states. Utah is the best probably for college students who want to carry as law there prohibits colleges from restricting it. Whether or not he can legally buy a gun under federal law depends on his status here.

Federal age min. to buy a handgun is 21. That's to buy from a dealer. Vermont is only 16 so those from the state's min. age through 20 need to either be given a handgun or do a private sale. Can't buy handgun ammo either until 21 from a dealer.
 
Is open carry legal in Texas?
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No, except on property you own or are in charge of.
Can you buy a gun, open carry or CCW if you are there on a student or temporary work visa (one or two years)?
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If you have a hunting license, yes. This is governed by federal law.

If he can carry but not buy a gun, could somebody buy one for him?
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No.

If he were to spend a year in somewhere like Vermont where no CCw permit is required, or somewhere where no permit is needed for open carry, could he have someone buy him a gun?
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No.

How much does a CCW permit cost (including classes, fingerprinting etc)?
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In Texas, about $250-275 for the class, state fees and ammo for the live fire test during the class.

Is it legal to carry on campus/keep guns in student accomodation?
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If it's on school grounds, no.

He would be 20 in his first year there, 21 in his second if he stays for longer. Are there any age limits of 21, or are they 18?
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No CCW until you're 21.

If guns are not an option, can he carry a knife (length?)/OC/baton/tazer?
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Yes to knives up to 5.5" long (no switchblades, double-edged knives, etc), yes to OC, no to batons, yes to tazers.
 
Is open carry legal in Texas?
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No.

Can you buy a gun, open carry or CCW if you are there on a student or temporary work visa (one or two years)?
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Open carry is illegal, but he can purchase a firearm and CCW on a temporary work visa.

If he can carry but not buy a gun, could somebody buy one for him?

If he were to spend a year in somewhere like Vermont where no CCw permit is required, or somewhere where no permit is needed for open carry, could he have someone buy him a gun?
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If it is gifted to him. He cannot pay someone to buy a gun for him.

How much does a CCW permit cost (including classes, fingerprinting etc)?
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Mid $200 range in Texas.

Is it legal to carry on campus/keep guns in student accomodation?
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No, most campuses are "gun free zones".

He would be 20 in his first year there, 21 in his second if he stays for longer. Are there any age limits of 21, or are they 18?
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21 to purchase.

If guns are not an option, can he carry a knife (length?)/OC/baton/tazer?
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Single edge knife with blade of less than 5.5", OC, and taser are legal. Daggers are "illegal knives" and unlawful to carry, batons are considered clubs and unlawful to carry.
 
Is open carry legal in Texas?
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On private property or travleing to or from hunting activities in which the handgun will be used. The hunting exemption refers to only traveling from the hunting lodge to the hunting location... not driving from Dallas to the hill country.

Can you buy a gun, open carry or CCW if you are there on a student or temporary work visa (one or two years)?
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Persons in the United States on temporary work visas or student visas may not purchase or posses firearms. Permanent residents holding a green card as may purchase and posses and persons on a tourist visa who recieve special hunting exemptions may posses.

Sorry, your nephew is unlikely to be able to handle a firearm expect for a very informal trip to the range where he happens to borrow a friends. If he has it more than a few hours though, it may be considered possession.

Is it legal to carry on campus/keep guns in student accomodation?
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Texas law specifically prohibits firearms in school facilities. However, you can keep one locked in the trunk of your car in a school parking lot... not the most secure or bright idea though.

He would be 20 in his first year there, 21 in his second if he stays for longer. Are there any age limits of 21, or are they 18?
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18 for a long gun, 21 for a handgun.
 
Ok, thanks guys. It looks like he can't get a gun on a student visa, so can he/how can he go about getting an immigrant visa?

On a student/temp work visa can he at least rent guns at the range to keep up his shooting? Can he get a hunting license for long guns? Would he actually need to go hunting or can he say he realised he doesn't like the outdoors so much afterall and just shoot at the range :p

It would be terribly ironic if he had to go from shooting regularly in the Uk to being banned from touching a gun in the US!
 
Wow! I had in my mind that Texas was this pro-gun oasis but it sounds much worse than for us up here in Pennsylvania. We pay $24 IIRC for a CCW permit and open carry is legal for anyone allowed to own a gun, except in Philadelphia where one needs a CCW permit to open carry as well. No classes are currently required for the permit. Some counties take longer than others, but I got my permit in 15 minutes or less.
 
It's not a hard or long course. Just one saturday every four years. The price is a little high, but it could be worse. There are reduced prices for indigent people.

Personally, I prefer people be required to demonstrate at least a minimal level of proficiency before they get to carry in public. I've never seen a teacher outright fail a person for poor marksmanship (have seen some for unsafe gun handling), instead I've seen them work with the deficient student to bring them up to the level required to pass.
 
Is it legal to carry on campus/keep guns in student accomodation?
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It illegal to posses a weapon in any building owned by the University. Though, parking garages, thoroughfares, and parking lots do not count (the University could still kick you out, you just wouldn't be prosecuted under state law).

Go to the ATF website for info concerning foreigners owning guns. I believe it's difficult, but doable. I see lots of Britons around Texas gun stores, so they probably have a means of getting firearms one way or the other.

If he wants to protect himself on campus, get pepper-spray. If he is found with a something construed as a deadly weapon, there is more at stake for him than a US citizen- like revocation of the student visa and possibly expulsion from the country after he is possibly kicked out of the university.

Even if he cannot own a weapon in Texas, he can easily rent a weapon at one of the gun ranges (actually, pretty much Red's Indoor Range) in Austin.
 
Fosbery,

Ok, thanks guys. It looks like he can't get a gun on a student visa, so can he/how can he go about getting an immigrant visa?

The only "visa" as such that is relevant in this is case is if he gets a Green Card (actually a rather inspid shade of beige) making him a permanent resident alien. Once completed he can then, based upon additional varying states restriction, purchase firearms. Even when he does get one, when he purchases via an FFL, when he fills in the 4473 form will have to show 3 months of utility bills etc that demonstrate he is resident at his address. It makes little sense but that's the government for you

To get the card can take anything from 2-7 years and involves a LOT of jumping through hoops.

The only faster way is by marrying one of the fine women here in the US. The English accent can do wonders for that.....:evil:


On a student/temp work visa can he at least rent guns at the range to keep up his shooting?

If the range has them, yes he can, I would suggest he become an NRA member as many private ranges look upon that with favour


Can he get a hunting license for long guns?

Be VERY careful here or he may be kicked out of the US or be spending time in a 10x12 cell with Bubba. I went to an English boarding school so have been behind bars before, wouldn't suggest it as a return experience though.:D

Link to the ATF FAQ's on this.
http://www.atf.gov/firearms/faq/faq2.htm#r

He could apply to the ATF to bring his own rifle in for hunting or other lawful sporting purpose if he owns one already.

R13) ATF regulations give the Attorney General or his delegate (the ATF Director) the authority to require nonresidents temporarily bringing firearms and ammunition into the United States for hunting or other lawful sporting purposes to first obtain an approved import permit. Do all such importations now require an ATF-approved permit?

All nonimmigrant aliens (with a few exceptions which are listed below) must obtain an import permit from ATF to temporarily import firearms and ammunition for hunting or other lawful sporting purposes. Please note this requirement applies to all nonimmigrant aliens, not all nonresidents (e.g., it does not apply to U.S. citizens residing abroad). The exceptions to this permit requirement are for certain foreign military personnel, official representatives of foreign governments, distinguished foreign visitors, and foreign law enforcement officers of friendly foreign governments entering the U.S. on official law enforcement business.

[27 CFR 478.115(d) and (e)]

Would he actually need to go hunting or can he say he realised he doesn't like the outdoors so much afterall and just shoot at the range

Don't even think about this, seriously, that is a VERY quick way to spend time in jail.

IF he can get an exception and bring in his own rifle for competition or hunting, particularily in this day and age, I am willing to bet the powers that be will check up on him at least once.

Best option would be to look at trying for competitive shooting, best of both worlds get to shoot AND gets to hunt if that's what he wants
 
Fosbery,

Is he planning to go to UT in Austin?

If so, then: "Paging Matthew Vanitas, paging Matthew Vanitas!"

I bet that Matthew will be able to make sure that he gets to handle firearms at the UT range. If not UT (possibly my alma mater, UTEP in El Paso) then he can probably find some "gunny" friends to take him shooting.
 
Fosbery, I'd be willing to hit the range with him a few times and let him borrow my guns if necessary (assuming he's at UT Austin or another college in the Austin area).

I agree that it stinks that the gun laws in the US are so severe, My brother, in Canada, faces the same problems. Utah used to offer carry permits to foreigners, but they have since stopped.
 
Wow! I had in my mind that Texas was this pro-gun oasis but it sounds much worse than for us up here in Pennsylvania. We pay $24 IIRC for a CCW permit and open carry is legal for anyone allowed to own a gun,
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The 4 year license is $140. Classes around my area run about $100. The classes are taught privately by Tx DPS certified instructors.

Aside from the CHL-related restriction and open-carry regs, Texas is refreshingly free from gun laws. Texas has no state ownership regs and no registration (personal or per firearm). The only ownership restrictions are the federal ones.

Brad
 
How difficult would it be to get an immigrant visa considering he will be a student with a place at a US university, English speaker etc?
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He would have a better chance if he didn't speak English and was poorly educated. I think our politicians in The United States are afraid of people who might be able to read and understand The Constitution.


Wow! I had in my mind that Texas was this pro-gun oasis but it sounds much worse than for us up here in Pennsylvania.
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You have to remember that the laws against carrying a handgun or bowie knife date from reconstruction. Only in the past fifteen years have we been able to get a concealed handgun law passed. That's right, twenty years ago it was easier to get a concealed handgun license in New York City than in Texas.
 
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