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In the news

Jack House

Regular Member
Joined
Jun 12, 2010
Messages
2,611
Location
I80, USA
Re: Friend refused exit at Chuck E Cheese

Don't be so quick to discount open carry in Texas. The article posted by the OP is pretty damn anti and completely failed to mention the OC bill last session that made it out of committee and died in calendars do to the budget fight, which held up voting until just before the session ended.

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rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
The Republican majority on the Homeland Security & Public Safety Committee wholeheartedly supported Lavender's HB 2756 last session. Now that the Oklahoma legislature, and Governor Falin have set an EXAMPLE - the ball is in the 83rd Legislature's, and Governor Perry's court.

I believe the impetus is present going into this session to get it done.
 
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cloudcroft

Campaign Veteran
Joined
Jan 13, 2007
Messages
1,908
Location
El Paso, TX (formerly Colorado Springs, CO)
Even if OC does pass in TX, OCers should expect some "hassling" & MWAG calls until it's gotten used to. After all, Texas has been without it since 1871 (+-) so it's a really "new" concept to get used to today (as if it were never legal before) so some "growing pains" may be experienced by Texas OCers for a while. As happens elsewhere when some new law is passed.

Someone correct me if I'm wrong here, but IIRC, even CC wasn't alowed for MOST people in TX, as it was a may-issue state for most (all?) of it's history and therefore required the applicant to show a valid/compelling reason he/she should be granted a permit by the authorities. It was only relatively recently that Florida set the example when it went shall-issue and I believe TX -- and other states -- then followed suit. TX didn't bite on OC though...

BTW, I can only imagine how OC would go over in HI -- which hasn't had ANY form of carry since statehood (1959). I think it'd take quite a while for residents -- let alone the HPD cops -- get used to seeing people walking around armed.

I think the Japanese tourists would be thrilled by it and LOTS of pictures would be taken of OCers! ;-)
 
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KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
Someone correct me if I'm wrong here, but IIRC, even CC wasn't alowed for MOST people in TX, as it was a may-issue state for most (all?) of it's history and therefore required the applicant to show a valid/compelling reason he/she should be granted a permit by the authorities. It was only relatively recently that Florida set the example when it went shall-issue and I believe TX -- and other states -- then followed suit. TX didn't bite on OC though...

BTW, I can only imagine how OC would go over in HI -- which hasn't had ANY form of carry since statehood (1959).
Hawaii has a permit system in place. They just don't issue any permits.

That's better than Texas had. For 120 years, Texas was "no carry". Having a handgun on or about your person was illegal, period, except for a few circumstances (on property you own or control, while traveling, etc.). There was no permit system, at all, until 1996.

In reality, the Texas ban was like most other Southern states: it wasn't enforced against the good white folks, just criminals and minorities. Only in the late '70s through the '80s, when the law started seeing equal application, did we see an outcry for a license system.

Oh, and it wasn't just Texas that "didn't bite on OC". Florida, Arkansas, and Oklahoma also went CC-only when they started issuing licenses. Only Oklahoma has reversed that, so far.
 

jordanmills

Regular Member
Joined
Jul 3, 2010
Messages
101
Location
Pearland, TX
Even if OC does pass in TX, OCers should expect some "hassling" & MWAG calls until it's gotten used to. After all, Texas has been without it since 1871 (+-) so it's a really "new" concept to get used to today (as if it were never legal before) so some "growing pains" may be experienced by Texas OCers for a while. As happens elsewhere when some new law is passed.

Someone correct me if I'm wrong here, but IIRC, even CC wasn't alowed for MOST people in TX, as it was a may-issue state for most (all?) of it's history and therefore required the applicant to show a valid/compelling reason he/she should be granted a permit by the authorities. It was only relatively recently that Florida set the example when it went shall-issue and I believe TX -- and other states -- then followed suit. TX didn't bite on OC though...

BTW, I can only imagine how OC would go over in HI -- which hasn't had ANY form of carry since statehood (1959). I think it'd take quite a while for residents -- let alone the HPD cops -- get used to seeing people walking around armed.

I think the Japanese tourists would be thrilled by it and LOTS of pictures would be taken of OCers! ;-)

We're not without it. It's just VERY limited. I exercise my right to OC when recognized by the law, for example when I travel. I've never had so much as a second glance, let alone MWAG responses. That includes going to rest stops, filling up the truck, going into stores, and the like. I expect it will be as huge a non-issue as it is when OK and all those other states legalized general open carry.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Even if OC does pass in TX, OCers should expect some "hassling" & MWAG calls until it's gotten used to. After all, Texas has been without it since 1871 (+-) so it's a really "new" concept to get used to today (as if it were never legal before) so some "growing pains" may be experienced by Texas OCers for a while. As happens elsewhere when some new law is passed.
....

This is the samr tired argument that is trotted out whenever a new gun law goes into effect - horses will faint, women will stampede, and you will not be able to cross the street for all the blood running in the gutters, not to mention the certainty of being shot (if not killed) over parking spaces.

Every once in a while MSM comes back 6 months to a year later to see how the survivors managed to stay alive and end up with a non-story. Some times you can get a Chief of Police/Sheriff to admit things worked out just fine in spite of all the paranoia and panic.

But the biggest reason Texas needs OC is "Barbecue Gun" http://thelawdogfiles.blogspot.com/2006/03/court-guns-and-bbq-guns.html http://www.thehighroad.org/archive/index.php/t-95411.html http://forums.1911forum.com/showthread.php?t=196979 . You cannot gussy up your handgun and then stick it down in your pants and expect folks to admire it.

stay safe.
 

cloudcroft

Campaign Veteran
Joined
Jan 13, 2007
Messages
1,908
Location
El Paso, TX (formerly Colorado Springs, CO)
@ KBCraig:

Yes, I KNOW HI has CC permits (ON PAPER, that is) as I'm pretty much up on the situation in the repressive state of HI. But a right ON PAPER but not allowed to be EXERCISED is not a right. Can't be. Never has been.

To a lesser extent, it's kind of like those online gun stores that offer a really INSANELY LOW price for a gun, yet when you go there to buy it you see "Out of Stock." So what GOOD is their price? THEY don't have the gun and neither will you.



@ jordanmills:

Yes, I know that, but it's not REAL OCing in this here "Great" State of Texas, is it. Compare TX to other REAL OC states.

So since the sight of armed citizens is SO UNCOMMON HERE, anyone seeing you OCing in TX when you did likely thought you were a LEO, period. Had they not, it would have been a different story. You were just lucky even though technically, you were legal. But go on and keep OCing in TX NOW...let's see how long your lucky-streak lasts. Please, however, give us your real name (if 'jordanmills' isn't) so we'll recognize you in the news. ;-)

And I wonder how many TX cops or DPS troopers are educated enough about this "travelling" exception that you would not get one of them to stop you...because THEY probably don't see people OCing while "travelling" here in TX much, either. I don't know, but I ain't even trying (don't know if Houston, TX, jails are any "nicer" than they were back in '68 but I don't want to find out, thank you).

"OCing" (in quotes because it exists only in a unique situation) hasn't REALLY come to TX yet. I don't care about 1% of the time when something DOES apply, I care only about the other 99% of the time...as I don't live life in a 1% (exceptions) zone, but every-day/on-the-street/out&about 99% of the time (the rule). So EXCEPTIONS to the rule -- and probably EVERY rule has exceptions -- are irrelevant, at least to me. IN REAL everyday life, we don't have OC in TX.

P.S. I regularly go to the Denny's and IHOP up there in Pearland (FM-518 @ HWY-288 intersecion area)...nice town.



@ skidmark:

"Tired argument" (not true as I never argue when I'm tired) or not -- them be the facts as likely to happen, regardless -- get OC here in TX and stay tuned to news for MWAG stories. Even in OTHER states that have had OC for a while, you STILL get some of these stories. Go figure.

Does that mean if we get OC, I will be too timid and cautionary to out there OCing that very same day? Of course not, I'm just saying you can be acting legally and STILL get negative results. Ask the others who have (and that's MOST people as they don't prepare for possibilities). Besides, if you anticipate something might happen, you can be prepared for it. Being SURPRISED by something instantly puts you one step behind and then you're playing catch-up. Not good.

So as YOU say, "stay safe" out there...and out of trouble, if that's possible for you.

P.S. I never said nor intended to imply ANYTHING about "all the blood running in the gutters if we get OC." Now that really IS tired -- and lame, too...but only Liberals argue that...I don't. You should know that since I've been here for quite a while now.

But, I'm sure the HPD Chief (Louis "no-issue" Kealoha) WOULD use that TIRED & LAME argument if C ever came to Hawaii...



Now please, everyone: My espresso machine has been warmed-up for a while now and I simply MUST make my morning espresso (fresh-ground Kona beans direct from Smith Farms there on ka Moku Nui). Please discuss all this amongst yourselves while I'm gone...;-)
 
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bones

Regular Member
Joined
May 10, 2011
Messages
15
Location
Boerne
Someone correct me if I'm wrong here, but IIRC, even CC wasn't alowed for MOST people in TX, as it was a may-issue state for most (all?) of it's history and therefore required the applicant to show a valid/compelling reason he/she should be granted a permit by the authorities. It was only relatively recently that Florida set the example when it went shall-issue and I believe TX -- and other states -- then followed suit. TX didn't bite on OC though...

@Cloudcroft - since no one else chimed in here I will.... TX has been Shall Issue since the CHL law's inception. ... There has never been a requirement in TX to show compelling reason.

Also, in states that do require the applicant to show a compelling reason in order to carry, there are attorney's and advocate groups that are going through the courts (albeit slowly) to change that. In most situations the courts are ruling against the idea that an applicant show the 'need' to carry.

There are and have been several cases in front of the Supreme Court in which the Supreme Court continuously upholds some common viewpoints:
1. States may require licensing for carry of a firearm or deadly weapon by cits as this licensing would serve as a form of taxation and therefore legal ( I know... I hate this too)
2. The ability to keep and bear arms is protected By the 2nd amendment... Therefore cits are not required to show special need, it's inherent by virtue of the 2a
3. States may restrict the circumstances to which a person may employ the use of deadly force. By virtue they may also define the when where how you employ a firearm though you may have it on you. -- yes, in places like Cali and HI this renders HG's to paperweights but to date this seems to be the leaning of the courts.


IMHO the ruling regarding the CC mandate in IL that came last week is very promising as to the mindset of SCOTUS regarding the right to carry. Also, while to a favorite of mine, to date Obama has signed legislation expanding carry. For that I commend him. Hopefully he stays the course especially in light of what happened in CT.

I am hopeful that OC gains traction in Texas and passes but I do acknowledge it will be a bit of an uphill battle. I also hope that by virtue of Louisiana already allowing OC and ow Oklahoma allowing it that TX legislatures will jump on board. I guess only time will tell. In the meantime we all need to do our part and let our elected officials know how we feel, because like it or not, the squeaky wheel gets the grease.



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cloudcroft

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

Thanks for the correction...didn't know that about shall-issue being right from the start here in TX. I hope the optimisim of people thiking that we will FINALLY get OC here in TX this coming legislative year (2013) are well-founded. I'll be in CO/NM by then (OCing), but it'd be great to know that TX finally got OC.

As for your item # 1 below: "1. States may require licensing for carry of a firearm or deadly weapon by cits as this licensing would serve as a form of taxation and therefore legal ( I know... I hate this too)" -- bones

...permit/license fees being legal since they're viewed as a tax. IMO it should be ILLEGAL: Taxing a person who is trying to exercise his/her civil rights is WRONG! I use the analogy of the old (and finally ruled unconstitutional) Poll Tax, which was in essence, TAXING (as per the name) people before they were allowed to vote. Although VOTING is not in the Bill of Rights and therefore a "geniune" right (as someone(s) here pointed out to me), it sure does SEEM like a right, even if only a de facto right (if not de jure) -- I mean JUST TRY making people PAY to vote nowadays and see what happens -- yet VOTING is not "taxable." So why is it illegal to tax a lesser "right" such as voting, yet something needed for exercising the 2nd Amendment -- an original Bill of Rights item -- CAN be taxed via the guise of permit/renewal fees? [a rhetorical question]

I don't get it...guess that's why I'm not SCOTUS material.

BTW, I had written a more "lengthy" response to some of what you brought up here (not disagreeing with you, just responding) but decided THIS TIME to save readers here from another of my "lengthy" essays.

Now, I need to get my morning espresso. ;-)

Regards...
 
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