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Thread: HB 910

  1. #1
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    HB 910

    "It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder."

    Are we again having to guess at what the law is? C'mon. If I have my pistol on an IWB holster and my shirt blows up, will I be arrested for brandishing - or an OWB holster with my shirt covering it, will I be arrested for concealment? In other words, if my pistol is in a holster, can I wear or not wear any kind of clothes I choose? These damn laws are legal speak and don't make sense - you have to go to court to find out what you did opr didn't do. Maybe that's the plan, more attorney fees and court action??

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    I would like to someday to see a law that is written like this:

    "You can carry your holstered gun anywhere and any way you want to carry it - concealed, open, in the belt, out of the belt, on your ankle, around your neck, around your thigh, around your chest, under your shirt, outside of your shirt, half outside of your shirt, 3'4 outside your shirt, half concealed, half open, anyway you prefer."

    Now that would make sense.

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    Regular Member stealthyeliminator's Avatar
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    (Note I'm not a lawyer and don't give legal advice, but...)

    The wind blowing your shirt up would not constitute knowingly and intentionally displaying the handgun to another person in public, so you shouldn't be prosecuted for that even now.

    Assuming 910 passes as is, my understanding is that if you are carrying concealed, there is no restriction on what holster may be used, or even that a holster be used at all

    If you are carrying the handgun unconcealed then the handgun must be in a shoulder or belt holster.

    Why? Well, as you probably already know, there is no good reason for this restriction.

    Also note that there is no definition for shoulder or belt holster. I've seen some people who are involved with this bill state that if the holster connects to the belt, it is a belt holster. In that case, holsters like drop-leg holsters would be legal, since they connect to the belt. Now, I'm assuming that they're simply stating that as their opinion. And really, it is a pretty straight forward and logical opinion. Unfortunately, we can't rely on judges across the state to be straightforward and logical.
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    Quote Originally Posted by Hans Dedrich View Post
    I would like to someday to see a law that is written like this:

    "You can carry your holstered gun anywhere and any way you want to carry it - concealed, open, in the belt, out of the belt, on your ankle, around your neck, around your thigh, around your chest, under your shirt, outside of your shirt, half outside of your shirt, 3'4 outside your shirt, half concealed, half open, anyway you prefer."

    Now that would make sense.
    That would be sub-optimal. Given that what is not forbidden is allowed, the best law regarding both firearms choice and carry would be the following.


    (this space intentionally left blank)

    Last edited by SteveInCO; 03-28-2015 at 02:21 AM.

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    Most of our legislators are not fools. We need to think of their intent, and suggest appropriate language.
    In my opinion, the intent is to keep folks from walking down the street with a pistol in their hand. Much like the law that requires the unlicensed pistol in my vehicle to be kept concealed, to keep idiots from legally waving it around in a fit of road rage.
    Remember that laws are written to restrict the irresponsible and inconsiderate. (mostly) And to get enough votes, you must placate the fearful and uninformed. OC advocates are not in the majority. On the Texas Hunting Forum, most think that OC makes you a target or you will get shot with your own gun when someone takes it from you.

  6. #6
    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by hovercat View Post
    Most of our legislators are not fools. We need to think of their intent, and suggest appropriate language.
    In my opinion, the intent is to keep folks from walking down the street with a pistol in their hand. Much like the law that requires the unlicensed pistol in my vehicle to be kept concealed, to keep idiots from legally waving it around in a fit of road rage.
    Remember that laws are written to restrict the irresponsible and inconsiderate. (mostly) And to get enough votes, you must placate the fearful and uninformed. OC advocates are not in the majority. On the Texas Hunting Forum, most think that OC makes you a target or you will get shot with your own gun when someone takes it from you.
    You could argue that disorderly conduct already prohibits such action. Keep in mind that long gun possession in public is generally unregulated, yet we don't have that problem (dangerous or threatening waving or pointing of the firearm) with long guns.
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    Regular Member ()pen(arry's Avatar
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    Is a paddle going to count as a "belt holster"? If not, this is horrible legislation.

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by Hans Dedrich View Post
    I would like to someday to see a law that is written like this:

    "You can carry your holstered gun anywhere and any way you want to carry it - concealed, open, in the belt, out of the belt, on your ankle, around your neck, around your thigh, around your chest, under your shirt, outside of your shirt, half outside of your shirt, 3'4 outside your shirt, half concealed, half open, anyway you prefer."

    Now that would make sense.
    You would be much better with NO law at all. To have a law such as this gives you the right to exercise what is already your right as a citizen of the U.S. We can OC in NV because we have no law permitting or denying it. It's not mentioned.
    Then you need total state pre-emption to keep localities from abusing your right to carry.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

  9. #9
    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by hovercat View Post
    Remember that laws are written to restrict the irresponsible and inconsiderate.
    Actually they are written to keep you as a "law abiding citizen" enslaved. The irresponsible and inconsiderate are the guys that don't follow the law anyway. Shouldn't you have the right to defend you and yours from people like them?

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

  10. #10
    Regular Member stealthyeliminator's Avatar
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    Speaking of 910, it looks like it has been placed on the calendar for a vote to be made on the 14th? http://www.legis.state.tx.us/BillLoo...84R&Bill=HB910
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  11. #11
    Lone Star Veteran Ian's Avatar
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    Quote Originally Posted by stealthyeliminator View Post
    Speaking of 910, it looks like it has been placed on the calendar for a vote to be made on the 14th? http://www.legis.state.tx.us/BillLoo...84R&Bill=HB910
    It did get placed on the calendar. However, it's required by law that a bill is read three times on three separate days before it can be voted on by the house.

  12. #12
    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by Ian View Post
    It did get placed on the calendar. However, it's required by law that a bill is read three times on three separate days before it can be voted on by the house.
    Ahh ok, thanks for the clarification
    Advocate freedom please

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    Rep Stickland posted on his FB page today that he will be offering constitutional carry as an amendment to this bill asap. And.......discuss

  14. #14
    Regular Member 77zach's Avatar
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    Quote Originally Posted by mustangkiller View Post
    Rep Stickland posted on his FB page today that he will be offering constitutional carry as an amendment to this bill asap. And.......discuss
    It will be shot down with extreme prejudice. Consider yourself lucky to get licensed OC.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  15. #15
    Regular Member Glock 1st fan's Avatar
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    Quote Originally Posted by 77zach View Post
    It will be shot down with extreme prejudice. Consider yourself lucky to get licensed OC.
    Oklahoma is still a license state. I wish we had an org. like OCT that would fight for our rights but all we have is tail gate parties. OCT has been amazing and as I follow them Texas should feel blessed to have a dedicated org. fighting for their rights.

    I truly hope both states one day become constitutional because I am tired of watching the news and see robberies and rapes every day. With constitutional carry more people would rethink crime in advance when they see a person carrying a legal firearm.

    Case in point we mowed my girlfriends yard and some hoodlum walked by a few times. We went to Sonic to get a soda and came back to find him in her front yard. I got out open carrying and stared at him. He got up and ran off never to be seen again.

    The sight of a firearm is all too often enough for criminals to decide their life is not worth a few bucks and its time we all had that right to carry.

    Now when you guys do get constitutional carry one day remember us and come fight with us to get constitutional. We need a good org. to fight for us too!
    Full Supporter of the second Amendment!

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  16. #16
    Regular Member 77zach's Avatar
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    Quote Originally Posted by Glock 1st fan View Post
    Oklahoma is still a license state. I wish we had an org. like OCT that would fight for our rights but all we have is tail gate parties. OCT has been amazing and as I follow them Texas should feel blessed to have a dedicated org. fighting for their rights.

    I truly hope both states one day become constitutional because I am tired of watching the news and see robberies and rapes every day. With constitutional carry more people would rethink crime in advance when they see a person carrying a legal firearm.

    Oklahoma might, especially since people from permitless states have more rights than citizens of OK under your reciprocity law. I think that may have been by design as a springboard. That's what I would have done.
    Last edited by 77zach; 04-13-2015 at 05:16 PM.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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