Open Carry

[red-beard]

A series of bills are being prepared for the super short Texas legislative session. Texas was one of the first states to limit firearms. Our prohibitions on "city" open carry, and concealing weapons, date back to the 1870's. NY States Sullivan act came into effect 40 years later in 1911.

At present, we have CHL - Concealed Handgun License. Under consideration are a few different kinds of open carry.

1. Licensed Open Carry. Basically converting the CHL to a LTC (License to carry). You still have to do the training and get a license, but you can openly or concealed carry.

2. Constitutional Carry. Anyone in the state who is legally allowed to own a firearm may openly carry a firearm. This is presently the law with rifles and shotguns. It would simply extend it to handguns.

In Texas, you already are allowed to do what you want on your own or rented property. You are allowed to have a firearm/handgun in/on your vehicle.

What are your feelings on these two options?

I put this in OT on purpose, so let us please not PARF it up.

[Rot 911]

We have open carry in Missouri, subject to various city ordinances that may prohibit open carry. My city allows it. I can't say as I have ever seen anyone open carry here as I think the general opinion is that it would just freak everyone out. I carry concealed.

When I live in Sierra Vista, AZ you saw lots of people open carry. And down there no one got worked up over it.

[GH85Carrera]

In Oklahoma if you have a CHL you can open carry. They allowed that a couple of years ago. I have yet to see anyone open carrying except cops and one private detective.

When they first changed the law some people proclaimed it would be like the old west with everyone slinging a gun on their hips. For a few days the paper showed pictures of a few folks that did. It all went back to normal. It has not been an issue.

[Rikao4]

similar bills were around during the last session..
and then didn't go anywhere..
IIRC...they never even got brought up for a vote..
Texas is gun friendly sure..
but we don't need this.

Rika

[cashflyer]

I would support a measure that allows anyone who is legally allowed to own a firearm to carry it in any safe manner, provided that the person also has some prescribed level of training in the proper use of the firearm.

Kurt mentioned that "no one got worked up over it" down in AZ.
I think that is a big issue anywhere - transitioning people to feel comfortable around it.

Part of the process will involve letting everyone know that those who carry have been through a background check to weed out the felons, and have been through some sort of training. It would be great if we could assure everyone that those who carry have some level of self restraint. Nobody wants gunplay over a fender-bender, etc.

[Rick V]

In Va we have open carry and it isn't an issue. From my personal experience I open carry when I am hiking, or to/from the range and have never had any trouble. I have gotten some strange looks rolling into a store to get a snack and drinks on the way to do some shooting but nothing more. From the standpoint of law enforcement I am sure they would much rather know I have a spoon on my side as opposed to wondering. There are two sides to every coin and I for one support the open carry side. If a person wants to go CCW then they can take that extra step

[Brando]

CA has no-carry -- I mean, blessed carry -- I mean, concealed carry with a golden permission slip.

We used to have Open Carry until the legislature thought "Is too scurry!"

The best route any state can go is Constitutional Carry. But to Rika's point, will these measures go anywhere?

[red-beard]

Originally Posted by GH85Carrera

In Oklahoma if you have a CHL you can open carry. They allowed that a couple of years ago. I have yet to see anyone open carrying except cops and one private detective.

When they first changed the law some people proclaimed it would be like the old west with everyone slinging a gun on their hips. For a few days the paper showed pictures of a few folks that did. It all went back to normal. It has not been an issue.

Everything is basically already allowed, except open carry for handguns. Without a license, you can keep a pistol or revolver in your car. If every traffic accident were going to be a shoot out, it would already have happened.

It is funny, if I saw someone open carry right now, I would probably assume they were an off duty cop. I wouldn't freak out. I think it will freak out the police more than regular people.

If a bunch of people do start to open carry, I expect the result will be more places posting no firearms. Which is fine with me, since I these places are also saying they do not want my business.

[red-beard]

Brando: We have VERY different leadership in the Senate (Dan Patrick) and the House for this term. The bills will be some of the first ones taken up. The Lt. Governor actually is the position of power in Texas. He controls the legislation process.

[Rick Lee]

Originally Posted by Rick V

In Va we have open carry and it isn't an issue.

Ya, try that in Fairfax or Arlington and see how that works out for you. You will be harassed by the police, even though they won't charge you. OC is not a good idea in NoVA. CCW is fine there and I never got any hassle from the cops who pulled me over and I told about it.

The issue with TX is that they need to just repeal the ban and penalties on OC; just make the law silent on the matter. I always carry in the small of my back. If I bend down to tie my shoe and the tail of my shirt rides up and exposes the butt of my pistol, in TX that is a FELONY. That's insane! It might only be a class D felony and it's probably only enforced if you stick around to argue about it and get mouthy with the responding officers. But it needs to go away.

I kind of wish we had laws that said you can do anything you want as long as you're not a jerk about it and it doesn't hurt anyone. I can OC an AR while wearing full camies past a children's playground. It's legal. But it'd be a real d'bag move to purposely upset folks. I think Nostatic coined the crimes "attempted douchbaggery" and "felony asshattery." We need those on the books with harsh penalties.

[red-beard]

Rick, that is a Class A Misdemeanor, unless in an establishment that sell alcohol.

PC §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 or watercraft 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 or
watercraft 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 or boating;
(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.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat,
vessel, or personal watercraft, other than a seaplane on water, used or capable of
being used for transportation on water;
(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.

[GH85Carrera]

The main reason the law was changed here was the old law said CC was OK with a license but it had to be concealed and if someone got a glimpse of the spoon it was illegal. Now the CC does not go to jail if he slips up and someone else makes a visual on the spoon.

One of my friends always carries. He even teaches classes to get a license. He said he open carried for a few days because he felt he wanted to. Then he realized it was easier to go back to CC.

[Rikao4]

and that's why we don't need this..
Texas has more than their share of LA Law graduates..
I do agree with Rick on the 'flash' issue..

Red..this leadership is NO different than in the past..

Rika

[red-beard]

Rika, David Dewhurst is gone.

[Rikao4]

you can thank you favorite deity..
POS he was..
I know that some changes occurred...
but many of the supposed R's are sheep at the end of the day..
Cornyn comes to mind..

Rika

[Rick V]

Originally Posted by Rick Lee

Ya, try that in Fairfax or Arlington and see how that works out for you. You will be harassed by the police, even though they won't charge you. OC is not a good idea in NoVA. CCW is fine there and I never got any hassle from the cops who pulled me over and I told about it.

NOVA and I don't get along and on the rare occasion I do manage to soil my boots up there it is to visit friends, and then I always CC just because I don't want to get shaken down by the man.
That place is a 5hit hole and should be bulldozed

[red-beard]

Dan Patrick used to be the Senator from my district. Good guy and know him personally. He will get it done.

Back on Topic!

[red-beard]

Originally Posted by Rick V

NOVA and I don't get along and on the rare occasion I do manage to soil my boots up there it is to visit friends, and then I always CC just because I don't want to get shaken down by the man.
That place is a 5hit hole and should be bulldozed

How tough would it be to transfer it to the Washington DC?

[Tobra]

What is the difference from a practical standpoint between the two categories? It sounds like you open carry a piece either way, but the former requires more training.

[red-beard]