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Thread: Congrats texas on your new Open Carry

  1. #1
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    Cool Congrats texas on your new Open Carry

    Congrats to all yall! Looks like your oc will be very similiar to ours here in Georgia. 5 year weapons carry permit that allows concealed or open carry. Would I like constitutional carry in Ga, yes of course but this is what we have here atm. I OC every day and don't think about it really except to be aware of my surroundings, i.e. other people.
    Does Texas have statewide pre-emption as well?
    Last edited by Johnbo; 04-19-2015 at 12:20 AM.

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    Regular Member stealthyeliminator's Avatar
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    Personally I'm not celebrating quite yet, but it definitely is exciting, and thank you.

    Texas does have preemption, yes. Some Dems tried to make exceptions to it for open carry for the larger cities by amending 910, but failed, so by all indication the statewide preemption will stand firm as open carry passes.
    Advocate freedom please

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    Regular Member fjpro2a's Avatar
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    Holding my breath

    As you know, I am a pessimist about expanding or creating "open carry" in the various States. I initially predicted that something would come up, and open carry in Texas probably wouldn't happen. If I am wrong about this, though, no one will be happier than me that I WAS WRONG!!! I also predicted a certain fight on May 2nd wouldn't take place. Hope I am wrong on that one, too.

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    Regular Member The Truth's Avatar
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    Open Carry but you need a permit? Doesn't count.
    Sic semper evello mortem tyrannis.

    μολὼν λαβέ

    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
    Quote Originally Posted by WalkingWolf View Post
    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by The Truth View Post
    Open Carry but you need a permit? Doesn't count.
    Yeah, but it's a start.

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    Regular Member Rusty Young Man's Avatar
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    Quote Originally Posted by The Truth View Post
    Open Carry but you need a permit? Doesn't count.
    From none at all (for modern sidearms, that is) to permit-OC, it is a step forward. I agree, it would have been a step in the Right direction if it had been permit-less OC (even if CC still required a permit, which criminals don't apply for or care about).

    One quick question: is LGOC still permitless, and will it still be a viable option for those not wishing to ask for permission from the benign tyrants?
    I carry to defend my loved ones; Desensitizing and educating are secondary & tertiary reasons. Anything else is unintended.

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    Regular Member The Truth's Avatar
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    So what is the next step?
    Sic semper evello mortem tyrannis.

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    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
    Quote Originally Posted by WalkingWolf View Post
    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

  8. #8
    Regular Member solus's Avatar
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    Quote Originally Posted by The Truth View Post
    Open Carry but you need a permit? Doesn't count.
    H E A R ~ H E A R

    OH WAIT STEALTH, et all., there are still two different versions of the legislative OC bills which must be correlated into one by bipartisan committee, then passed, and then sent to the governor for signature... aren't there ?

    not sure the champagne celebration isn't significantly premature...

    but what 'the truth' stated...

    H E A R ~ H E A R

    hope the bipartisan committee agrees and the Rep governor signs it...

    ipse

    addendum: why are you taking bows and passing out thank yous stealth? IAN yes, but...
    Last edited by solus; 04-19-2015 at 04:36 PM.
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

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  9. #9
    Regular Member Fallschirmjäger's Avatar
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    A permit is needed to carry openly (or concealed) in Georgia as well. Since we are a 'shall issue' state the permit is little more than proof that a background check was conducted sometime within the 5-year validity of the license.

    Big whoop, it hasn't stopped anyone from carrying openly yet. We're working on getting even that infringement removed, but there are things even more harmful to liberty to work on first.
    Last edited by Fallschirmjäger; 04-19-2015 at 05:37 PM.

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    Regular Member ()pen(arry's Avatar
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    Quote Originally Posted by solus View Post
    OH WAIT STEALTH, et all., there are still two different versions of the legislative OC bills which must be correlated into one by bipartisan committee, then passed, and then sent to the governor for signature... aren't there ?

    not sure the champagne celebration isn't significantly premature...

    *snip

    addendum: why are you taking bows and passing out thank yous stealth? IAN yes, but...
    Quote Originally Posted by stealthyeliminator View Post
    Personally I'm not celebrating quite yet, but it definitely is exciting, and thank you.
    solus, you fail. Super hard. Grow some reading comprehension.

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    Quote Originally Posted by ()pen(arry View Post
    solus, you fail. Super hard. Grow some reading comprehension.
    I took it to mean he was responding in part to the OP.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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    Regular Member FreeInAZ's Avatar
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    A big round of applause for those wise folks "deep in the heart of Texas"

    http://youtu.be/QltlctqfY4E
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    "You must be the change you wish to see in the world" by Mahatma Gandhi

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  13. #13
    Regular Member solus's Avatar
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    Quote Originally Posted by FreeInAZ View Post
    A big round of applause for those wise folks "deep in the heart of Texas"

    http://youtu.be/QltlctqfY4E
    oh, thank you so much freeinaz, excellent analogy...

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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    Regular Member FreeInAZ's Avatar
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    Welcome
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    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

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    Regular Member Wolfgang1952's Avatar
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    But you still need a premissin slip.
    Pres. Florida Parishes Chapter of LOCAL www.laopencarry.org

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    Well let's call the permit requirement what it really is: a tax so the state can earn money. Would no permit required/constitutional carry be more desireable? Of course but permit carry is better than no carry. In Ga the leo can not stop you just to check if you have a weapons carry license anyways and there is no list of permit holders they can look you up on either.

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    Campaign Veteran deepdiver's Avatar
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    I too am extremely hopeful for TX that this will get passed. I'll never forget, about a decade ago when I renewed my youthful interest in shooting sports and started learning about citizen carry, how very surprised I was that TX banned OC. It also was a massive wake-up call to me to get more educated on the topic being that even as a lifelong 2A supporter I got sucked into some of the anti-gun group myths.

    So here's to hoping this passes for Texans and may this next step of freedom be just another milestone towards "shall not be infringed".
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    Lone Star Veteran Ian's Avatar
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    Don't pop the champagne yet, we haven't crossed the finish line. It technically hasn't even passed out of the House yet. Also, both Senate and House bills are different and will need to be reconciled before being approved and sent to the Governor to sign.

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    Regular Member Maverick9's Avatar
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    To me, needing a permit is a bad situation. Why? Because if you are OC-ing it means any LEO can stop you and demand your permit. It will have a chilling effect as LE draw down on carriers and someone gets shot.

    ...But, I hope not.

  20. #20
    Regular Member 1245A Defender's Avatar
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    Wowwie!!!

    Quote Originally Posted by Maverick9 View Post
    To me, needing a permit is a bad situation. Why? Because if you are OC-ing it means any LEO can stop you and demand your permit. It will have a chilling effect as LE draw down on carriers and someone gets shot.

    ...But, I hope not.
    Not SOOOO Fast.....

    Their is court opinion that since carrying a gun is a "Lawful Activity" it is NOT RAS for a detainment!
    Same as driving a car...

    It is nearing the point that some of our 4th amendment protections are actually protecting us!
    .....Against unreasonable searches and seizures,,, Making a permit,,, MOOT!!!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

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    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by Maverick9 View Post
    To me, needing a permit is a bad situation. Why? Because if you are OC-ing it means any LEO can stop you and demand your permit. It will have a chilling effect as LE draw down on carriers and someone gets shot.

    ...But, I hope not.
    The Dems tried to amend hb910 to include a provision requiring OCers to supply license on demand. It failed. Phillips really beat around the bush and refused to state that without the amendment, OCers would NOT have to provide ID on demand, which is what the Dems were trying to get him to openly state. In fact, there is no legal requirement to display license on demand. I for one will certainly refuse to do so, but I seriously doubt that in my area there would be a problem with it.

    There is still a statute (Government Code 411.205) that talks about supplying ID and license on demand, but I think that it has been sufficiently neutered.
    (http://www.statutes.legis.state.tx.u...11.htm#411.205)
    From the bill which removed the penalty for violations of 411.205 (in the same bill, they removed violation of 411.205 as a reason for suspension of license as well):
    SECTION 12A.03. An offense under Section 411.205, Government Code, may not be prosecuted after the effective date of this article. If, on the effective date of this article, a criminal action is pending for an offense under Section 411.205, the action is dismissed on that date. However, a final conviction for an offense under Section 411.205 that exists on the effective date of this article is unaffected by this article.
    (http://www.legis.state.tx.us/tlodocs...l/HB02730F.HTM)
    Advocate freedom please

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    Quote Originally Posted by Maverick9 View Post
    To me, needing a permit is a bad situation. Why? Because if you are OC-ing it means any LEO can stop you and demand your permit. It will have a chilling effect as LE draw down on carriers and someone gets shot.

    ...But, I hope not.

    It is not as good as constitutional carry or as no demand but it wouldn't be worth killing the bill. One step forward at a time gets you where you want to go.
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  23. #23
    Regular Member OC for ME's Avatar
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    Quote Originally Posted by 1245A Defender View Post
    Not SOOOO Fast.....

    Their is court opinion that since carrying a gun is a "Lawful Activity" it is NOT RAS for a detainment!
    Same as driving a car...

    It is nearing the point that some of our 4th amendment protections are actually protecting us!
    .....Against unreasonable searches and seizures,,, Making a permit,,, MOOT!!!
    There is plenty of court opinion that OCing a LG is lawful yet cops jacked up TX citizens for doing lawful things. What will prevent a TX cop from requesting that a OCer provide papers on demand just cuz he can. The issue is what will a TX citizen be subjected to for refusing to provide papers.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by OC for ME View Post
    There is plenty of court opinion that OCing a LG is lawful yet cops jacked up TX citizens for doing lawful things. What will prevent a TX cop from requesting that a OCer provide papers on demand just cuz he can. The issue is what will a TX citizen be subjected to for refusing to provide papers.
    Jail time. I think that's covered by official oppression. But like that will ever happen, lol.

  25. #25
    Regular Member solus's Avatar
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    Quote Originally Posted by stealthyeliminator View Post
    The Dems tried to amend hb910 to include a provision requiring OCers to supply license on demand. It failed. Phillips really beat around the bush and refused to state that without the amendment, OCers would NOT have to provide ID on demand, which is what the Dems were trying to get him to openly state. In fact, there is no legal requirement to display license on demand. I for one will certainly refuse to do so, but I seriously doubt that in my area there would be a problem with it.

    There is still a statute (Government Code 411.205) that talks about supplying ID and license on demand, but I think that it has been sufficiently neutered.
    (http://www.statutes.legis.state.tx.u...11.htm#411.205)
    From the bill which removed the penalty for violations of 411.205 (in the same bill, they removed violation of 411.205 as a reason for suspension of license as well):
    SECTION 12A.03. An offense under Section 411.205, Government Code, may not be prosecuted after the effective date of this article. If, on the effective date of this article, a criminal action is pending for an offense under Section 411.205, the action is dismissed on that date. However, a final conviction for an offense under Section 411.205 that exists on the effective date of this article is unaffected by this article.
    (http://www.legis.state.tx.us/tlodocs...l/HB02730F.HTM)

    first of all stealth, you state, there is no legal requirement, then you turnaround and list 411-205 as a statute requiring citizens shall display, then you state: oh but it is neutered???

    how can a viable statute still on the books be neutered.??? 411. 205 specifically states:
    Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

    further,
    411.207 allow the nice officer to disarm you "...believes it is necessary for the protection of the license holder, officer, or another individual.". oh yes, the nice officer must give back your firearm when they dismiss you from their presence, if they believe you do not pose a threat...lol
    411.208 states the nice officer cannot be held liable for their actions...

    nurtured, ya right...lol...recommend you read 411.186 and 411.187 where all the nice officer has to do is fills out an affidavit, sends it in to wherever and the wherever sends a notice to the licensee their permit is revoked or suspended...why get upset with a licensee and write a ticket in the field when all the nice officer has to do is sit in their office and get even with the cranky licensee who flatly states quote:...i for one will certainly refuse to do so...unquote.

    oh boy, oh boy, you can OC w/o the nice police bothering me...apparently not stealth...cuz according to texas statutes listed above, the nice peace officer is not restrained from hassling citizens OC'g now are they??

    how are the nice officer's going to ascertain the bloke open carrying that firearm is truly allowed to by permit unless they ask the citizen for the permit. sounds like they have probable cause cuz texas' citizen's right to open carry is tied to a piece of privilege granted by the state.

    no need for additional statutes...its already on the books in the lone star state...

    puff the magic dragon lives on in the hearts and minds...

    ipse
    Last edited by solus; 04-20-2015 at 09:22 AM.
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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