Three Men ‘Illegally’ Arrested for Openly Carrying ‘Black Powder’ Pistols in Texas –

I haven't hunted, or fished in Texas in many years....in Texas - I just "travel".

I limit my display while traveling to those activities reasonably proximate to my vehicle, and tangential to the journey - fueling at the pump, rest area stops, walking the dog, and when entering or exiting my motel room.

I usually do not open carry across private thresholds when traveling in Texas- such as meal stops. During my traveling in Texas - I have on 2 occasions discouraged opportunistic interest, and advances in my direction by being visibly armed.

Most people don't know this nuance of Texas law- so I don't push the envelope . I also make an effort to dress, present , and conduct myself in a manner that should not cause any reasonable person to experience "alarm" - and I haven't yet.

I have a sense that critical mass may not be too far off in the effort by Texans to shrug off the 142 year old legacy of Reconstruction Governor E.J. Davis.

Governor E. J. Davis may have had the best intentions in 1870, when he called for a prohibition -except for the "frontier"- on the carry of any weapons other than shotguns, and rifles by "every citizens" in Texas. (Disarmament Act of April 12, 1871)

This is where the "traveling" exception under 46.15(b)(2) actually derives from.

That's why "traveling" from Arlington, Texas to Grand Prairie, Texas in 2013 may not seriously be deemed to constitute "traveling" in Texas as it did in 1875. There isn't much "frontier" separating those two municipalities( at least none that a shotgun or rifle can't deal with).

Now if I'm traveling between Arlington, Texas and San Angelo, Texas ...there's a bit of " frontier " here and there.

Here's the deal - at least as I see it .

That 1871 Law was passed under the 1869 Texas Reconstruction Constitution - which was pretty pitiful in the RTKBA department to be charitable.

Along comes 1876, and the current Texas Constitution which says absolutely nothing about categories of weapons(shotguns, rifles, handguns) - only the "WEARING OF ARMS".

The 1876 Texas Constitution slacked off just a bit from the Reconstruction mindset, and allowed for "every citizen" in Texas to be armed in the lawful defense of him(her)self - while only reserving discretionary power for the Legislature to regulate by law the WEARING of weapons - WITH A VIEW TO PREVENT CRIME.

The "WEARING OF ARMS" thing is problematic because it has correctly been construed to apply to handguns, knives, and clubs - which are readily CONCEALED - to which condition a "view to prevent crime" is reasonable attachable.

OK - then. Now that Texas has a provision under its laws to LICENSE handgun "WEARERS" - to ensure that they are NOT IN FACT CRIMINALS - what lingering reason exists for requiring that those "every citizens" must CONCEAL their arms at all times ?

NONE - because the caveat " with a view to prevent crime " has been more than satisfied.

The only remaining " with a view to prevent crime " concern attached to display of a licensed handgun would have to be DISORDERLY CONDUCT 42.01 (a)(8). That particular concern is addressed if the LICENSED handgun is secured in a holster =it is NOT DISPLAYED - it is IN FACT - STORED.

I'm still hopeful for an Attorney General law enforcement advisory opinion to be issued to D.A.'s, and LE agencies clarifying what I have just stated.

ATTORNEY GENERAL Gregg Abbott....future Governor of Texas.... WHAT SAY YOU ?

In other words...............IN A COURT OF LAW........I would argue that - since the State of Texas has bestowed upon me the privilege of EXERCISING MY RIGHT TO BE ARMED IN LAWFUL DEFENSE OF MYSELF by carrying a handgun precisely because I have been determined not to be a threat to public safety, there is no CONSTITUTIONAL reason for the State of Texas to require me to CONCEAL said handgun.

What say YOU ?