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New Petition for State wide open carry

()pen(arry

Regular Member
Joined
Nov 15, 2010
Messages
735
Location
Seattle, WA; escaped from 18 years in TX
Yes it was, on the part of the officer.

Okay, while an argument can be made that an officer "open carries", by any functional connotation of "open carry" in practical use, officers are instead considered to exercise statutorily exempt carry. If we all had our way, they would, in fact and by convention, "carry" in exactly the way we do: Constitutional Carry. However, there is a statutory (rushcreek is going to bitch at me about this) context which creates a de facto understanding, whatever the strict language, that cops are granted an effective license to carry (it is, literally, an exemption to a restriction, but by conventional use it is a license). Put another way, while legally and strictly a cop carries as he pleases by virtue of no restrictive statute applying to him, the functional understanding is that cops get to carry by virtue of being cops, which is a de facto license.

In other words, cops don't "open carry", they "cop carry". Hopefully, soon, they'll simply "carry", like the rest of us.
 

MWoods89

New member
Joined
Aug 2, 2012
Messages
2
Location
San Antonio, TX
Absolutely agreed. Heaven forbid people exercise rational objectivity in their rush to chase false security.

OC and CC should be on the same side! Sometimes its good to CC and some times its good to OC. We are on the same team fighting for our rights. Lets stand up together and stand up for our rights!
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
Texas Penal Code Section 46.035a (intentional failure to conceal a handgun while carrying under licensed authority) is a provision enacted in 1996 to govern the "Wild, Wild West" anarchy that was expected by some to accompany the issuance of CHL's to Texans.

Under present Texas law - beginning appropriately at the top with the Texas Constitution - every CITIZEN has the right to both keep, and bear arms in lawful defense of themselves or the State.
The word "CITIZEN" constitutes a distinction between the law-abiding, and the criminal. "To keep arms " is to retain custody of arms. "To bear" is to carry and employ arms if necessary in defense of self, or the State.

Texas decided in 1996 to relax its 125 year restriction on HABITUAL handgun carry through a licensing system intended to filter out persons deemed not to be conducting themselves in a citizenry fashion. OK - so here we are in 2012. Some 500,000 plus every citizens in Texas are now AUTHORIZED by the Texas Legislature to "wear" a handgun HABITUALLY for the purpose of lawful defense of themselves, or the State.

TPC Section 46.035a is inapplicable under any circumstances justifiying the bearing of arms in lawful defense against deadly force. I would submit that given the documented presence of violent criminal activity in Texas in the form of murder, robbery, rape, kidnapping just to name a few those every citizens deemed trustworthy enough to be issued a license to "wear" a handgun should be allowed to determine the most appropriate manner of "wearing" commensurate with the responsibility of defending themselves against such threats.

People residing in other states are dismayed when learning that Texas places such restrictions upon the lawful carry of handguns.

I am making a prediction that Texas will not only repeal the Section 46.035a provision during the next Legislative session, but the enacted provisions will create the strongest state preemption for the right to carry in this nation.
 

jsimmons

Regular Member
Joined
Aug 20, 2009
Messages
181
Location
San Antonio, ,
Texas Penal Code Section 46.035a (intentional failure to conceal a handgun while carrying under licensed authority) is a provision enacted in 1996 to govern the "Wild, Wild West" anarchy that was expected by some to accompany the issuance of CHL's to Texans.

Under present Texas law - beginning appropriately at the top with the Texas Constitution - every CITIZEN has the right to both keep, and bear arms in lawful defense of themselves or the State.
The word "CITIZEN" constitutes a distinction between the law-abiding, and the criminal. "To keep arms " is to retain custody of arms. "To bear" is to carry and employ arms if necessary in defense of self, or the State.

Texas decided in 1996 to relax its 125 year restriction on HABITUAL handgun carry through a licensing system intended to filter out persons deemed not to be conducting themselves in a citizenry fashion. OK - so here we are in 2012. Some 500,000 plus every citizens in Texas are now AUTHORIZED by the Texas Legislature to "wear" a handgun HABITUALLY for the purpose of lawful defense of themselves, or the State.

TPC Section 46.035a is inapplicable under any circumstances justifying the bearing of arms in lawful defense against deadly force. I would submit that given the documented presence of violent criminal activity in Texas in the form of murder, robbery, rape, kidnapping just to name a few those every citizens deemed trustworthy enough to be issued a license to "wear" a handgun should be allowed to determine the most appropriate manner of "wearing" commensurate with the responsibility of defending themselves against such threats.

People residing in other states are dismayed when learning that Texas places such restrictions upon the lawful carry of handguns.

I am making a prediction that Texas will not only repeal the Section 46.035a provision during the next Legislative session, but the enacted provisions will create the strongest state preemption for the right to carry in this nation.

Being required to buy a renewable license is like having to rent my right to bear arms for five years at a time, and that, IMHO, is infringement. I'm legally able to own firearms, and I should legally be able to carry them without permission from any state/federal government entity. What gives you the idea that the 2013 legislative session will result in anything beneficial for supporters of (constitutional) open carry? I'm not nearly as confident as you are, and nobody in the Texas legislature has given me any reason to feel otherwise.
 

cloudcroft

Campaign Veteran
Joined
Jan 13, 2007
Messages
1,908
Location
El Paso, TX (formerly Colorado Springs, CO)
I agree.

I don't know why it isn't clear to EVERYONE -- including the most dim-witted politicians (AND their airhead constituents that keep them in office) -- that renting or selling RIGHTS (such as the 2nd Amendment in the Bill of Rights) is illegal!

Otherwise, let's have the Poll Tax (which was declared unconstitutional in 1966) back and once again make people PAY to vote.

Is voting any more "serious" or "important" a right than the 2nd Amendment is?
 
Last edited:

jsimmons

Regular Member
Joined
Aug 20, 2009
Messages
181
Location
San Antonio, ,
I agree.

I don't know why it isn't clear to EVERYONE -- including the most dim-witted politicians (AND their airhead constituents that keep them in office) -- that renting or selling RIGHTS (such as the 2nd Amendment in the Bill of Rights) is illegal!

Otherwise, let's have the Poll Tax (which was declared unconstitutional in 1966) back and once again make people PAY to vote.

Is voting any more "serious" or "important" a right than the 2nd Amendment is?

We don't have the right to vote. We become legally eligible when we turn 18 (and are a citizen), or ineligible (when we commit a felony, or renounce our citizenship). We also become ineligible when we die, but that doesn't seem to stop some politicians.
 

davewebtx

New member
Joined
Dec 12, 2012
Messages
1
Location
Mansfield
Update =================OPEN CARRY for TEXAS 12/12/12

Here is the name of the Texas Rep. that will introduce a bill in the 2013 Texas house. His name is Rep. Lavender, George District 1. Call his office @ (903) 791-0386 to show your support for this bill.
I just called and had a nice talk with his assistant. Please call or email your support.
Here is his link: http://www.house.state.tx.us/members/member-page/?district=1
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
Here is the name of the Texas Rep. that will introduce a bill in the 2013 Texas house. His name is Rep. Lavender, George District 1. Call his office @ (903) 791-0386 to show your support for this bill.
I just called and had a nice talk with his assistant. Please call or email your support.
Here is his link: http://www.house.state.tx.us/members/member-page/?district=1

Yes, George is my rep. He introduced the OC bill in 2011, as well. He was a freshman then, and I sent him an email on election night to congratulate him, and asked if he would sponsor an OC bill. He said he would, so I made the introductions with the folks at LSCDL, and they went from there.
 

ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
Okay, while an argument can be made that an officer "open carries", by any functional connotation of "open carry" in practical use, officers are instead considered to exercise statutorily exempt carry. If we all had our way, they would, in fact and by convention, "carry" in exactly the way we do: Constitutional Carry. However, there is a statutory (rushcreek is going to bitch at me about this) context which creates a de facto understanding, whatever the strict language, that cops are granted an effective license to carry (it is, literally, an exemption to a restriction, but by conventional use it is a license). Put another way, while legally and strictly a cop carries as he pleases by virtue of no restrictive statute applying to him, the functional understanding is that cops get to carry by virtue of being cops, which is a de facto license.

In other words, cops don't "open carry", they "cop carry". Hopefully, soon, they'll simply "carry", like the rest of us.

In Florida, there actually is a statute that "allows" the police to open carry. It's the same statute that allows ANY Florida citizen to open carry while fishing, it's just two paragraphs up in the statute.

I've actually used that statute when "discussing" my open carry status with a member of the law enforcement community on a pier while fishing. Luckily for me, the LEO's around here understand the statute about "hunting, fishing, camping and shooting" and I don't get to talk with them anymore.

AD


Sent from my Glock Range Bag iPad using Tapatalk and a screwdriver
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Now that ^ ^ ^ was a healthy bump for a thread started in March 2012 and has lay fallow for over a year. Need to keep hammering on this one.
 
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