Licensed Open Carry

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44Brent - that's a good angle I hadn't thought about! Ha ha ha! I'm willing to use just about any angle I can to promote the cause of open carry in Texas! I'm a multi-generation, born a bred Texan and although I've travelled extensively - you always come back to your roots and in Texasthey run deep!

I believe it goes without saying 'cause I've stated repeatedly in many public forums,that I believe ourTKBA rightis God given and inalienable - something NO ONE can take away from us! But I'm 50 years old andhalf of that has been spent in management. I've learned that the road to get where you want to go is often full of compromises. My intention , and that of the TCDL leadership, is to wage a no-holds bared initiative. I'd like to see Texas Open Carry "fix" many of the issues that are present in other states. Whether we can or whether it happens ... time will tell. I'm just a simplecountry boy- K.I.S.S. We go for the whole thing and see how far we get.

I, too, am a firm believer in "education." Gun education used to be handed down father-to-son. Mine was. My grandfather and father took me hunting and shooting and taught me to respect guns, nature and my fellow man. They taught me how to say "yes ma'am" and "please" and "thank you." That doesn't happen a lot these days. It's fallen to us to teach and preserve that way of life. That's another reason this issue is much bigger than just the right to Open Carry. It's about preserving our heritage and the rights our country was based on and our forefathers died for. I may be an "old-fart" and "old-fashioned" but I believe it can be done - and it's up to us to do it.

Thanks to all of you for your thoughts and continued help and support!

Gary Williams, Pres, TCDL (AKA Arizona Texan)

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Personally, I think we should use a threat of Murdock v. Comm. of Penn to invalidate the license 'fee' for concealed licenses and push for unlicensed open carry. Try to utilize the wisconsin decision about forcing some way to exercise the right as listed in the constitution of the state.

Article I, Section 23

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.

This SHOULD be interpreted as regulating the mode of carry only.

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tattedupboy wrote:

Mike wrote:

The other fall backs include a rural open carry options - like in CA,IL, and IA whereopen carry in unincorporated areas is legal, without any license.

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Actually, you're wrong about California. I do believe that open carry where allowed there still can't be done without a permit.

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California does not anywhere prohibit open carry by specific statute. No license is needed (except for employed guards I think) but one is available per section 12050 PC with limitations. In fact open carry is expressly mentioned in 12025 Penal Code sub-section (f) - firearms worn openly in belt holsters are not considered concealed.

Where we have problems in Ca is 12031PC - loaded firearm in public. One can keep loaded mags but not in or touching the firearm (exposed or concealed with some exceptions) while in a prohibited area (all incorporated cities and some unincorporated areas). So you would be walking around/driving with an unloaded gun. Then we have the 1000' school zone section 626.9 PC which prohibits all firearms (with exceptions) either exposed or concealed, loaded or not. A conviction of 626.9 will remove your gun rights in Ca.

And then in the capitol of Sacramento, in a specific zone, one can have an exposed unloaded firearm but can not be in possession of any ammo which can be fired from that gun; section 171b, c, or d(I forget which letter) PC.

But to come to understand the above applications one needs to have a through understanding of the very complex codes to feel legal. Then be willing to fight the possible mistakes of fact/law and or false arrests that could occur because people here do not exercise their legal carry options to the point cops know the ins and outs of these overly complex sections.

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California - What use is open carrying an unloaded gun?

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tattedupboy wrote:

Mike wrote:

The other fall backs include a rural open carry options - like in CA,IL, and IA whereopen carry in unincorporated areas is legal, without any license.

Click to expand...

Actually, you're wrong about California. I do believe that open carry where allowed there still can't be done without a permit.

Click to expand...

No, I'm right - the discussion threads on CA have plenty of authority to back this up.

And as you did not cite authority counter to this, aPENALTY FLAG is assessed.

As to the discussion about unloaded open gun carry in incorporated areas of CA, I recommend we drop this topic as it is not useful and very confusing.

I agree that unlicensed Israeli carry in UT is probably topical for this board, but in CA the magazine must be removed from the gun - way off topic I think.

A "wholeotta" CA is unincorporated - and barring a county ordinance against it, open carry of loaded handguns is lawful in those areas, including in vehicles and public establishments.

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I will second that penalty flag that Mike threw down. While their is a license available to carry "loaded and exposed" to rural countiesthere is no Statewide prohibition to open carry in unincorporated territory. At the risk of being a 'test case' I have already open carried on several occasions and plan to continue this activism when our weather make concealment uncomfortable or unbearable.

Malum Prohibitum wrote:

California - What use is open carrying an unloaded gun?

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Good question. At the risk of getting hammered with a penalty flag myself I will only say this. The second amendment suffers because few realize that many people carry handguns daily,that areneither kooks, gun nuts, criminal nor policemen. At some point in the future I will be using this as a form of activism-- and in fact, other than a CCW license itis the only other way to carry, transfering from unincorporated to incorporated areas while remaining lawful.

If you want to visit this topic with any more specificity, lets head over to the California forum...