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Thread: Crazy: Texas Gun Law Makes Open Carry Of Rifles Legal But Not Pistols

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    Crazy: Texas Gun Law Makes Open Carry Of Rifles Legal But Not Pistols

    Crazy: Texas Gun Law Makes Open Carry Of Rifles Legal But Not Pistols

    http://www.offthegridnews.com/2013/0...-not-pistols/#

    Written by: Tara Dodrill Guns & Ammo August 24, 2013 0

    Protests over Texas’ quirky open carry law and an expansive new background check law in Illinois are the latest in a seemingly never-ending debate over Second Amendment rights in America.

    .......in Texas, gun owners took to the streets with rifles strapped to their backs to peacefully protest their inability to openly carry handguns, even though the law allows them to carry semi-automatic long guns in public spaces.

    The Arlington, Texas, gun owners walked along city streets with their rifles to demonstrate the absurd nature of open carry gun laws in the state. The Lone Star State is one of just seven states that do not allow the open carry of a pistol.

    The open carry protest in Arlington mirrored similar displays in other towns across Texas. Come and Take it Houston, a pro-gun group, stated that one of its primary goals of the armed walks was to educate others about local gun laws. Terry Holcomb Sr., a Huntsville, Texas, pastor, recently filmed himself walking into multiple businesses and public venues with his AR-15 Bushmaster.


    --Edited by Moderator to reflect Rule #11 - Fair Use Quote--
    Last edited by Grapeshot; 08-24-2013 at 01:39 PM. Reason: Rule #11

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    Moderator / Administrator Grapeshot's Avatar
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    Texas long gun OC

    Please note that Forum Rule #14 was modified to allow posting /discussion of long gun carry in states like Texas where OC of handguns is not allowed.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Please note that Forum Rule #14 was modified to allow posting /discussion of long gun carry in states like Texas where OC of handguns is not allowed.
    Would that include states that allow non-permit OC of rifles where they require permission slips to carry handguns?

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    Quote Originally Posted by davidmcbeth View Post
    Would that include states that allow non-permit OC of rifles where they require permission slips to carry handguns?
    The exception to the rule is only valid in states where OC of handguns is illegal -the question of with or w/o permit is not a consideration.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    And now with the needless injection of rule commentary, only 25% of this thread (prior this post) is on topic, greatly reducing it's survivability and usefulness. Is commenting that the post is not in violation of a particular rules not akin to the police making a point to make contact with an open carrier, just to tell them what they're doing is legal and which law they aren't violating? Most here might consider such conduct harassment.

    Why don't you post in every new thread giving a run down on which rules the thread is not in violation of?

    How about this. Reply to this post and let me know which rules I'm not in violation of. I'd like to see how many I've managed to abide by. If you don't mind, also go to my profile and check the rest of the posts I've made today. Surely I've followed some rules in those posts too, and I'd like you to reply to those posts and let the whole forum know that I followed the rules. Thanks.

    Back on topic - Thanks for the link, I enjoyed reading the article. I'm glad to see this issue being talked about regularly. In my opinion it seems as though the publicity of this issue is rising, which I think is definitely good. I also like the stance/viewpoint that this particular article takes.

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    So a moderator comes along and tidies up your post to keep the forum from potential legal problems due to exceeding fair use, and then adds a reminder that the suject of the thread is in fact allowed as a special exception so that folks from Texas who might read it will know they can discuss open carry of long guns, and to keep certain wise-@ss posters from somewhere that is not Texas aware that the topic is allowed for discussion of Texas' strange situation in order to pre-empt an attack for not enforcing the rules, but not elsewhere that allows some form of OC.

    And you seem to be all butt hurt.

    Why?

    I would enjoy reading of the mental anguish and embarassment that Texans feel when they realize that their state, in spite of the historical and literary record regarding OC, will permit them to go about armed only if they hide the fact. I would also enjoy reading of the various strageties they develop in an attempt to overcome that situation - if for no other reason than because it might offer me some ideas for responses for when some yahoo accuses me of being a cowboy wannabe because I OC that do not involve pointing out that the land of cowboys and big hats does not trust cowboys, with or without big hats, to carry openly so therefore I cannot be a cowboy wannabe.

    stay safe.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by stealthyeliminator View Post
    And now with the needless injection of rule commentary........-- rant edited--

    Back on topic - Thanks for the link, I enjoyed reading the article. I'm glad to see this issue being talked about regularly. In my opinion it seems as though the publicity of this issue is rising, which I think is definitely good. I also like the stance/viewpoint that this particular article takes.
    Since I was already here correcting the FUQ and narrowing the related focus of the article, it was not an inappropriate time to preempt the "long guns aren't discussed here" thinking. There has been discussion and misunderstanding regarding rule #14. To that regard it is hardly "needless" and most certainly on-topic.

    More to the point, there has been and will continue to be a strong presence by OCDO in assisting the people of Texas to reacquire their right to OC handguns as they go about their normal everyday lives.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Is the title of this thread intended to convey and impart astonishment at the handgun laws in Texas? If so, it seems a bit silly to attempt to inform Texans on an open carry forum that they can't open carry; they're well aware. Yes, I realize that the title of this thread is the title of the article. This is not, however, a news aggregation site. If you're going to post an article, please post it in a thread with a title that conveys useful information, rather than merely duplicating the article title. Something similar to "Email Newsletter Article About Texas And Illinois Gun Laws" would take just about zero effort and would convey 1) what the article is about, 2) where the article is from, and 3) a sense of whether anyone should bother clicking on the thread. I'm not in the habit of throwing magazines at other people without fanfare or commentary, and members of this forum shouldn't be in the habit of analogous behavior.

    Here's a simple rule/guideline/standard for this forum: if you're going to post a link to an article, give a functionally useful summary of the article with the link, and don't merely copy the article title for the post thread. John? Grapeshot? Howzaboutit? Even Fark does better in this regard than this thread does.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by ()pen(arry View Post
    Is the title of this thread intended to convey and impart astonishment at the handgun laws in Texas? If so, it seems a bit silly to attempt to inform Texans on an open carry forum that they can't open carry; they're well aware. Yes, I realize that the title of this thread is the title of the article. This is not, however, a news aggregation site. If you're going to post an article, please post it in a thread with a title that conveys useful information, rather than merely duplicating the article title. Something similar to "Email Newsletter Article About Texas And Illinois Gun Laws" would take just about zero effort and would convey 1) what the article is about, 2) where the article is from, and 3) a sense of whether anyone should bother clicking on the thread. I'm not in the habit of throwing magazines at other people without fanfare or commentary, and members of this forum shouldn't be in the habit of analogous behavior.

    Here's a simple rule/guideline/standard for this forum: if you're going to post a link to an article, give a functionally useful summary of the article with the link, and don't merely copy the article title for the post thread. John? Grapeshot? Howzaboutit? Even Fark does better in this regard than this thread does.
    Texans, particularly highly informed Texans, are not the only ones reading this sub-forum - there is no exclusivity, no for Texas members only. That and something may be old hat to you and fresh for a newbie

    Mike and John both have used article titles as thread titles. Fair use quotes are frequently utilized to give the highlights and/or to entice the reader to click the link.

    Though your suggestions on "rule/guideline/standard" are good ideas, I don't expect such to be endorsed as mandatory. OCDO is not limited to proof readers and style experts.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Actually, we have tried to get OC here in Texas at least twice. The problem is that our Legislature only meets every other year and for only a short period. So if some other matter takes too much time (abortion in this most recent session) anything else has to wait two years to be brought up again.
    Lower the crime rate by lowering the criminal survival rate!
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    Re: Crazy: Texas Gun Law Makes Open Carry Of Rifles Legal But Not Pistols

    Quote Originally Posted by mark-in-texas View Post
    Actually, we have tried to get OC here in Texas at least twice. The problem is that our Legislature only meets every other year and for only a short period. So if some other matter takes too much time (abortion in this most recent session) anything else has to wait two years to be brought up again.
    Not sure at what the "actually" was targeted, but I lived in Texas for 18 years until two months ago and spent a lot of time on the phone to state legislators. A pox on the house of anyone involved in Joe Straus being Speaker.

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    Everyone in Texas open carries shotguns and rifles because we're going to be hunting doves and deer and ducks on the weekends. If you're retired or have a flexible job, you're going during the week. We just haven't used pistols to shoot varmits unless you live on a ranch and OC on your own property. Since democrats have only gone liberal in the 60s and 70s, we all changed to conservative republicans. And until liberal federal judges (1) scrapped chain gangs and prisons making their own clothing and food, and (2) not stopped the Mexicans, Guatemalans, Costa Ricans, Iranians and who knows who else coming over the border, we haven't had to OC pistols in 80 years. Well now we've got CHL and soon we'll get OC. The Texas Dept of Public Safety said that in the last 12 months they've issued 200,000 CHL permits....

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    Edited by Moderator to reflect Rule #11 - Fair Use Quote--
    Okay. I missed that fine detail in the forum rules.

    Apparently I've violated this rule many times when posting an article (yet this is the first time I've been edited for this egregious transgression).

    I've always posted the original title, author, source, date, and link to original article, along with the entire text of the article. I felt it was IMPORTANT to post the full text of the article in case the link goes dead in the future.

    And also, BTW, it was my opinion that the article was more about the illegality of OC in Texas that the legality of long gun OC, so the exception to rule 14 was not an issue.

    AUGustin

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    Quote Originally Posted by Augustin View Post
    Okay. I missed that fine detail in the forum rules.

    Apparently I've violated this rule many times when posting an article (yet this is the first time I've been edited for this egregious transgression).

    I've always posted the original title, author, source, date, and link to original article, along with the entire text of the article. I felt it was IMPORTANT to post the full text of the article in case the link goes dead in the future.

    And also, BTW, it was my opinion that the article was more about the illegality of OC in Texas that the legality of long gun OC, so the exception to rule 14 was not an issue.

    AUGustin
    Obviously we cannot review every post made on this forum - we ask that users be self-moderating also. Violations should be reported to the administration. It shouldn't be necessary to point out an infraction but one time...at least to responsible posters.

    The problem with using the full article is one of ethics and potential liability. For those that don't think this can be serious, Google Righthaven and read the war stories. A great deal of time and thousand of dollars was expended over this very issue.

    When this rule was introduced by John it was to curtail potential liability. Hopefully users will understand this, making other action unnecessary.

    Sometimes it is better to give a short synopsis in your own words or in accompaniment to a FUQ to explain one's POV regarding the linked material.

    Everyone's cooperation is appreciated.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    The crazy thing about Texas isn't long guns. It's that carrying a handgun is banned, period...and then the law goes on to list several exceptions to the ban.

    Only two of the exceptions require concealment (in a motor vehicle, or on your person with a CHL). The others are either too narrow (sporting activity) or vague (travelling) to be of much use.

    On property you own or control is pretty wide open, and before a house fire forced me into temporary apartment living, I frequently OC'd a handgun whenever outside in my own yard -- just because I could.

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    Quote Originally Posted by KBCraig View Post
    The crazy thing about Texas isn't long guns. It's that carrying a handgun is banned, period...and then the law goes on to list several exceptions to the ban.
    Of course, that makes the fix pretty easy...

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    Quote Originally Posted by jordanmills View Post
    Of course, that makes the fix pretty easy...
    The 5th Circuit or the SCOTUS should find that unrestricted long gun carry in Texas does nothing to negate the RIGHT to also carry a handgun.

    This is essentially the core principle that the SCOTUS has already laid out in Heller/McDonald- allowing only for the prohibition by states of CONCEALED carry. I was thinking of that 2012 Lubbock NRA case over the age 21 requirement to get a CHL.
    Last edited by rushcreek2; 08-28-2013 at 08:33 PM.

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    Quote Originally Posted by jordanmills View Post
    Of course, that makes the fix pretty easy...
    Nothing is easy when it comes to the Texas Legislature, especially getting past the "pro gun" gatekeepers.

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    Quote Originally Posted by KBCraig View Post
    Nothing is easy when it comes to the Texas Legislature, especially getting past the "pro gun" gatekeepers.
    relatively

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    Quote Originally Posted by rushcreek2 View Post
    The 5th Circuit or the SCOTUS should find that unrestricted long gun carry in Texas does nothing to negate the RIGHT to also carry a handgun.

    This is essentially the core principle that the SCOTUS has already laid out in Heller/McDonald- allowing only for the prohibition by states of CONCEALED carry. I was thinking off of that 2012 Lubbock NRA case over the age 21 requirement to get a CHL.
    It doesn't. It's the line in 46.02 that infringes on that right.

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    You mean, Texas aint the gun mecca that many people like to pretend it is... SAY IT AINT SO!!!!

    long arm carry has always been legal in Texas. They only prohibit the OC'ing of handguns.

    If you wish to exercise your rights to conceal carry, you must take a boring class, get fingerprinted like a sex offender, pay $140, pay for a photograph, wait a couple of months for the bureaucrats to get around to mailing you a CHL.... then your good to go

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    Quote Originally Posted by Jared View Post
    You mean, Texas aint the gun mecca that many people like to pretend it is... SAY IT AINT SO!!!!

    long arm carry has always been legal in Texas. They only prohibit the OC'ing of handguns.
    Looks like they are going to stick it to you with long guns now if you upset a liberals feelings.
    http://www.kens5.com/news/Open-Carry...221719121.html

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    Quote Originally Posted by Mas49.56 View Post
    Looks like they are going to stick it to you with long guns now if you upset a liberals feelings.
    http://www.kens5.com/news/Open-Carry...221719121.html
    Case in point. Texas isn't some gun Mecca. I remember growing up spending alot of time in liberal Vermont where the right is actually respected.

    Let's see if a TX gun group steps in to beat these charges.

    We won this nonsense in MI with an 18 year old kid carrying a rifle to a friends house.

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    Quote Originally Posted by Mas49.56 View Post
    Looks like they are going to stick it to you with long guns now if you upset a liberals feelings.
    http://www.kens5.com/news/Open-Carry...221719121.html
    Quote Originally Posted by Jared View Post
    Case in point. Texas isn't some gun Mecca. I remember growing up spending alot of time in liberal Vermont where the right is actually respected.

    Let's see if a TX gun group steps in to beat these charges.

    We won this nonsense in MI with an 18 year old kid carrying a rifle to a friends house.
    Well this has certainly precipitated the need to respond - at least for those three.

    If they win in court, what is accomplished if not in a court of record? Trust that they have sincerely strong legal representation.

    Meanwhile they are on the hook for cost of their defense unless some significant effort is made by others to contribute.

    When is the first hearing date scheduled?
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member rushcreek2's Avatar
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    Texas Penal Code Sec 42.01 (a)(8) addresses the intent of the actor - not the "feelings" of observers. Citation issued, citizens left the scene - problem resolved - for the time being. Charge will be dismissed. San Antonio COPS need remedial constitutional training. Next time perhaps consider instructing the stupid anti-2A wench to LEAVE THE SCENE .

    In Texas "Every citizen shall have the right to keep and BEAR ARMS in lawful defense of him/herself..........." and that - trumps "feeling" threatened by the mere observation of a gun.

    Folks - if you feel threatened by the sight of a gun in Texas .......position your " comfort compass" > Northeasterly , and just follow that yellow brick road.
    Last edited by rushcreek2; 08-30-2013 at 07:41 PM.

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