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3d Draft of Texas Open Carry Rights Restoration Bill Now Posted for final comments

tico

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it appears to me that 46.035 is to be *completely* scrapped.

I understand why 46.035(a) should be scrapped, but I'm not sure why (a)-(j) should be cut out.

Maybe I'm just misreading this.

as for 46.02, I'm all for the modifications as they are.

Cheers!
-Tico
 

tico

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by the way, is it possible to post copies of these changes either in HTML or PDF (not Microsoft Word) so they're easier to read on public computers in coffeeshops, libraries, et cetera?
 

Mike

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tico wrote:
I understand why 46.035(a) should be scrapped, but I'm not sure why (a)-(j) should be cut out.

Maybe I'm just misreading this.

as for 46.02, I'm all for the modifications as they are.
The elements of 46.035b-j are assimilated into 46.02.
 

Mike

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tico wrote:
by the way, is it possible to post copies of these changes either in HTML or PDF (not Microsoft Word) so they're easier to read on public computers in coffeeshops, libraries, et cetera?
Yeah, pending any germane comments, this will be pdfed in the next day or two and then an alert will go out so folks can email their reps and sens and gov. perry, pointing to the draft bill.

And once again, we are not going to make our bill a christmas tree to change all sorts of things in the Texas Code and derogate the common law of Texas. This is a simple but audacious commando raid with one objective in mind - to liberate the right of open carry in Texas.

I know some people are still concerned about whether a particular type of holster (e.g., flap orIWB ("In the Wasteband") might me considered "concealed" by a trier of fact - but beside that issue being very unlikley to be decided in somthing other that the same manner as sister state courts, most everybody who is going to be open carrying is also going to have the CHL (and so the objection is moot), or in their own vehicle (again, mooting the objection as no CHL is needed to conceal in any vehicle you own or control).
 

Cowboy_Rick

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Thanks Very Much, MIKE, guess I misunderstood the content last night. Thank You Very Much and do have a good day!
 

JUMPMASTER

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You guys have to get rid of that stuff about not being able to carry at churches, government meetings, college games, establishments that serve alcohol, etc.
 

rodbender

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Should (3) be added here?

§ 46.02[0]. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun,[/b] or,[/b] an illegal knife, an[/b] illegal[/b] club, or a concealed handgun[/b] if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(3) a holder of a validConcealed Handgun License
 

rodbender

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JUMPMASTER wrote:
You guys have to get rid of that stuff about not being able to carry at churches, government meetings, college games, establishments that serve alcohol, etc.
I think that is probably on the way. Rick Perry has made the statement that he wants us to be able to carry "everywhere", courthouses, bars, churches, and he made it veryclear that he meant "everywhere".
 

Mike

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rodbender wrote:
Should (3) be added here?

§ 46.02[0]. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun,[/b] or,[/b] an illegal knife, an[/b] illegal[/b] club, or a concealed handgun[/b] if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(3) a holder of a validConcealed Handgun License
well, that element is no there now - like many states, the permit scheme is set forth in another Section of code. Also, if we do as you say above, CHL holders could openly carry "illegal knives" :)
 

Cowboy_Rick

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Did, but I think the best way to travel this journey is one step at a time. This is my observation and I do know that "OPEN CARRY" may possibly engulf that topic as well, who knows. I for one would carry anopther "POCKET GUN" for a back-up. This way I don't have get "Up Close and personal". Now back to the topic!!
 

rodbender

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Cowboy_Rick wrote:
Did, but I think the best way to travel this journey is one step at a time. This is my observation and I do know that "OPEN CARRY" may possibly engulf that topic as well, who knows. I for one would carry anopther "POCKET GUN" for a back-up. This way I don't have get "Up Close and personal". Now back to the topic!!
I do carry a BUG. But I would rather be ready for any scenario. Such as winding up on the ground with my BUG spinning across the parking lot and some BG trying to kick the crap out of meand not being able to use both hands to open a knife. Now can we stop with the insults? If you think itcan't happen to you, then you are mistaken.
 

ilbob

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Mike wrote:
I know some people are still concerned about whether a particular type of holster (e.g., flap orIWB ("In the Wasteband") might me considered "concealed" by a trier of fact - but beside that issue being very unlikley to be decided in somthing other that the same manner as sister state courts, most everybody who is going to be open carrying is also going to have the CHL (and so the objection is moot), or in their own vehicle (again, mooting the objection as no CHL is needed to conceal in any vehicle you own or control).
I would bet there is plenty of TX case law on just what it takes to be concealed. All them guys worried about "printing" and all. The proposed change cleverly does not legalize open carry. What it does is decriminalize any handgun carrybut concealed carry, which is probably well defined.
 

Cowboy_Rick

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Rodbender, didn't mean it as an insult, if taken that way I apologize, the SwitchBlade knife would still require a Class 3 license and they have become rather expensive-but yeah why not!It's been a long time since I've had a Class 3 with TAX STAMP so things may have changed-but please check.
 
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