Possibly moving to TX

stealthyeliminator said:

I'd have more respect for the Texas constitution if it hadn't been screwed up immediately following the civil war, but I guess you probably mean the federal constitution. I'd respect the federal constitution more if it were the articles of confederation I'm just kidding, of course, I get what you mean

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you're a sharp one. Basically the State Constitution is valid and should be obeyed only to the degree that the laws contained in it are in submission to the Federal Constitution. If and when they are not, they are of course void

Texas has a very specific constitution, so it gets amended every two years. It had to be amended this year so officials elected to state offices don't have to establish residence in Austin, along with six other amendments for things like property tax exemptions. Therefore, the line between the legislated code and the constitution is often blurry, and the difference often boils down to whether the voters voted on it or it was just passed by the legislature.
This does give us the opportunity to make real and somewhat more permanent changes to the gun rules here.
Currently, our constitution reads "Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime."
Whether the restriction of the wearing of a gun is a useful way to prevent crime is the big question.


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nonameisgood said:

Texas has a very specific constitution, so it gets amended every two years. It had to be amended this year so officials elected to state offices don't have to establish residence in Austin, along with six other amendments for things like property tax exemptions. Therefore, the line between the legislated code and the constitution is often blurry, and the difference often boils down to whether the voters voted on it or it was just passed by the legislature.
This does give us the opportunity to make real and somewhat more permanent changes to the gun rules here.
Currently, our constitution reads "Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime."
Whether the restriction of the wearing of a gun is a useful way to prevent crime is the big question.


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ummm..... no they do not have that power. The 2A is the ultimate preemption. I'm amazed a state like Texas actually put up with the regulations for so long

As often repeated, when most people don't value a right, they don't mind having it infringed. And our new OC privilege is exactly that, the state does not recognize a right to carry a handgun in any form. Long gun carry is still considered a right, but it is still a source of friction with LE.


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rightwinglibertarian said:

ummm..... no they do not have that power. The 2A is the ultimate preemption. I'm amazed a state like Texas actually put up with the regulations for so long

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What's more amazing is that Texans continue to snow us that they have such a free state when they have some of the most oppressive cops in the nation and one of the most limited right to bear arms.

MAC702 said:

What's more amazing is that Texans continue to snow us that they have such a free state when they have some of the most oppressive cops in the nation and one of the most limited right to bear arms.

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Are you suggesting people should be prepared to be assaulted by the police similar to the tactics used in Detroit and Appleton, Wisconsin? I'm not known for being very friendly when it comes to the Constitution being violated and my tactic will likely be target any area that gets resistance with even more Open Carrying in greater numbers. I'm sure Open carry Texas would be happy to join in and remind LEOs and security, violations will not be tolerated and freedom will be exercised whether the powers that be like it or not

I'm having a discussion over on a Texas gun talking site. The attitude is absolutely intolerant and downright belligerent toward the IDEA of OC. I'm trying to point out that we are nearly the last state to allow OC. That the myths and rumors about OCers being targeted by bad guys or whatever are simply not happening elsewhere. I was called a liar earlier today for that.
I fear we have a terribly anemic carry culture.
Contrary to my earlier posts, PLEASE come here and carry safely and freely so people will see that nothing happens
Makes me weep for the future.


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nonameisgood said:

I'm having a discussion over on a Texas gun talking site. The attitude is absolutely intolerant and downright belligerent toward the IDEA of OC. I'm trying to point out that we are nearly the last state to allow OC. That the myths and rumors about OCers being targeted by bad guys or whatever are simply not happening elsewhere. I was called a liar earlier today for that.
I fear we have a terribly anemic carry culture.
Contrary to my earlier posts, PLEASE come here and carry safely and freely so people will see that nothing happens
Makes me weep for the future.


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Well then. I shall be carrying with a cold dead hands t-shirt or something equally pointed. Problem is my cellphone has a non-removable battery and it won't last if I have to video a lot. What I need is something similar to what some police forces use like a shoulder mounted thing or a cheaper and far more efficient version of Google Glass. I shall also be breaking out the sarcasm for those foolish enough to express anti gun sentiment. And I should say I want to go to San Antonio. Houston and Austin are apparently rather liberal and it;s hard enough to convince so-called 2A supporters to exercise their rights and stop seeking permission from the very government that would enslave them

nonameisgood said:

I'm having a discussion over on a Texas gun talking site. The attitude is absolutely intolerant and downright belligerent toward the IDEA of OC. I'm trying to point out that we are nearly the last state to allow OC. That the myths and rumors about OCers being targeted by bad guys or whatever are simply not happening elsewhere. I was called a liar earlier today for that.
I fear we have a terribly anemic carry culture.
Contrary to my earlier posts, PLEASE come here and carry safely and freely so people will see that nothing happens
Makes me weep for the future.
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offered to meet 1 jan location of choice...everyone pooh paw'd and declined...

ipse

No need for a meetup, just need some "normal" carrying so people see that it's a non-event.

After a more recent exchange, I had to leave that forum - a coupe of true idiots don't understand the meaning of words, like "is".
Had some cop wannabe arguing that OC has been legal in Texas for years since hunters and LE are allowed. Same guy who wants to point to the OCer in Washington that was waylaid by the homeless guy in walmart as an example of why you shouldn't OC. (Seems that the guy may have wanted a trip to jail or the morgue?) is it too late for me to have born elsewhere?


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nonameisgood said:

I'm having a discussion over on a Texas gun talking site. The attitude is absolutely intolerant and downright belligerent toward the IDEA of OC

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OK In my opinion there is no point in carrying unless it's OC but people have different opinions. I get that. I've no issue there. But to be belligerent about it. I reckon they need to be given a blankie and a paccy and told to stop crying like babies. Almost as bad as libturds. disagree with me and we hate you..... horse manure :banghead:

stealthyeliminator said:

I kinda like the way this blogger sums it up... http://ecodiscoverytour.blogspot.com/2010/04/texas-two-finger.html

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I can forgive the blogger since he was just passing through, and sharing an observation, but he really didn't understand. The two finger wave happens almost anywhere rural (I grew up in podunk Arkansas, lived in Texas for 24 years, and now I see the same in rural northern New Hampshire).

It serves several purposes, foremost of which is an acknowledgement: "I see you, and I know you're on this road. I'll remember that if you need help, or if I need help, or there is some other reason to remember who I saw that day."

The blogger missed the other gesture that frequently accompanies the wave: the tilt of the chin, either up or down. The social significance of the two gestures combined can be as intricate as Japanese bowing conventions.

Glockster said:

This is correct. A vehicle doesn't change any other applicable laws, so currently it must be concealed. As of January 1st, if you are licensed you can only OC if it is in those, otherwise it MUST still be concealed. I think this is going to be an expensive surprise to those who think that they will be able to OC in a dash mount that still leaves a part of theming visible.

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Has Texas gotten rid of the "traveling" exception to their laws? It used to be that if you were "traveling"(some jurisdictions interpreted that as more than two counties), you can carry in any manner you wanted in a car, concealed or open. In addition, traveling didn't necessarily mandate a car either.

So, cowboy style on a horse, western style might have been OK as well. But then again, most "exceptions" are affirmative defenses, which means you can get the ride, but may not do the time....

The traveling exception is still there but PC 46.02 was modified to make carry in a car legal only if it is concealed. This removed the requirement that one show that they are traveling to establish having an accessible handgun was legal.

PC 46.15 is the "non-applicability" section which says that PC 46.02 does not apply to you if you are traveling. This provision requires you to show that you are traveling.
You can still have your handgun exposed when traveling but you can be detained until they establish that you are traveling. If you are in a motor vehicle or watercraft, and the handgun is concealed, you are not violating PC 46.02, even if not traveling.


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nonameisgood said:

The traveling exception is still there but PC 46.02 was modified to make carry in a car legal only if it is concealed. This removed the requirement that one show that they are traveling to establish having an accessible handgun was legal.

PC 46.15 is the "non-applicability" section which says that PC 46.02 does not apply to you if you are traveling. This provision requires you to show that you are traveling.
You can still have your handgun exposed when traveling but you can be detained until they establish that you are traveling. If you are in a motor vehicle or watercraft, and the handgun is concealed, you are not violating PC 46.02, even if not traveling.


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U.S v Deberry says you cannot be detained for the sole reason you are bearing arms.

rightwinglibertarian said:

U.S v Deberry says you cannot be detained for the sole reason you are bearing arms.

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\but of course the nice trooper 'detaining' you on the side of the road out in the middle of TX who knows where knows that and i am sure cares he stopped JQPublic w/out of state plates travelers!!

on the side of a bloody highway is not time nor the place to practice your jurisprudence capabilities to some nice LE.

ipse