• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Lawful bearing, wearing, or carrying in Texas

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
imported post

Unfortunately, in Texas, one may not carry a(n) '... llegal Knife, Handgun, or Club' regardless as to whether or not the carrying is incident to doing so knowingly, intentionally, or recklessly, as is codified under Texas Penal Law Sec. 46-02.

However, this Section does not make any reference to Long Guns, therefor; such carry in Public is Legal!

In contary to the provisions of Sec. 46-02, Texas Penal Code 46-03 does howeevr make reference to a/ny Firearm as for the places they are prohibited. In this instance, although Legal to carry Firearms [Long Guns] in Public, they, however, do become Illegal to or while at any: 1. School (which includes its grounds/bus/buildings etc.), 2. On the premises of any Voting Place on Voting Day, 3. Any Government Court Roomor its premises, 4. Racetraks, 5. Secure Areas of Airports, or 5. Within a 1000 feet of any execution at any location being used for such. The only exception that would be applicable to ordianry Persons with Long Guns in this instance would be for those who are in, on, or within their own vehicles, homes, or properties and this exception only applies to 46-03(6).

Now here is where things get interesting! Under Texas Penal Code 46.035, carrying a Handgun, even if Licensed under The Authority of Texas Government Code Subchapter H, 411, supra, is a crime if done while such Person is to or while at: 1. Any establishment that sells Alcohol for consumption on premises taht derives more tahn 51% of their business from Alcohol sells, 2. Any School Event(outside of School Grounds), 3. Correcetional Facilities, 4. Hospitals/Nursing Homes, 5. AmusementParks in counties withmore tahn 1,000,000 people as residents that encompass more tahn 75 acres of Land during the event,6. Churchs/Places of Worship, 7. Governmental entity meetings (Such as City Council Meetings, etc.), 8. While intoxicated, or finally, 9. Carrying a Handgun Openlyon or about the Person (unlessit is done in Self-Defense) in any other place anywhere in Texas.

What makes Paragraph 3 important is that it only applies to andeffects Handguns, not Long Guns. Therefore, none of the Places listed in Texas Penal Code Sec. 46-035 apply to or effect Long Guns, and therefor they may be carried, yes openly carried, to all of those places(except correctional facilities Texas Penal Code Sec. 46-10)as long as they are not carried to any place listed under Texas Penal Code 46.03.

Seemingly, Texas Penal Code Sec. 46-10 only applies to Persons who are confined within the institution, but this is a risky perspective to take. Texas Penal Code Sec. 46-10 is written in a way that could effect any other Person, so it is best not to take any Firearm there at all.

Texas Penal Code Sec. 46-11 is a penalty enhancer if the conduct which is otherwise forbidden under in otherPenal Code in article 46-X takes place: 1. Within 300 feet of a School, or 2. At an premises where a School event is taking place. The penalty enhancerincreases the punishment to the next highest offenseif either one of those is true-therefore, aThrid Degree Felony Conviction! This applies to all Firearms and Weapons, if and only if, The State can prove a certain underlining offense making these provisions applicable. Therefore, if no offense is being commited, then this penalty enhancer can not be applied, even if the conditions under the penalty enhancer are true.

Under Nonapplicability Law, Texas Penal Code Sec. 46-15, one may carry a/n llegal Knife, Handgun, or Club if that Person is either: 1. 'Traveling'... no definition of what Traveling is though, 2. enganging in Hunting, Fishing, or Sporting Activity, or 3. (In the case of Handguns) is a Holder of a Valid Concealed Handgun Permit and is carrying said Handgun Concealed.

In esssecence... do not carry a Knife, or Club at all. Do not carry a Handgun unless you have a Permit to do so and it is Concealed at all times.

However, although a Person can not carry those things listed above, walking around with a Long Gun is simingly OK in Texas, as long as a Person does not go into any Place as listed under Texas Penal Code Sec. 46-03.

You know... I have always heard Texas is the 'Lone-Star' State and such, Pro-Gun and all..., but after reading Texas Law concerning Firearms needless to say I am stunned by how strict Texas really is about these things, in a sense.

Can somebody explain to me what happened to make Texas this way? I know one thing for sure, if Iever come to Texas I willmake a point of it to be 'traveling'... whatever that is.
 

Rush Creek

Regular Member
Joined
Sep 17, 2009
Messages
48
Location
Arlington, Texas, USA
imported post

Chapter 46 of the Texas Penal Code was dusted off followingthe 1963 JFK assassination and increasingly asserted "to prevent crime" pretty much selectively.

46.02 ( unlawful handgun carry provision) was gradually extended to apply to what one might call honest, law-abiding citizens concerned for their safety due to increased crime during the 1970's & 1980's . Many, many - A LOT actually- of Texans simply carried concealed ( since carry of a handgun was technically illegal)as a Texas remedy for bad law. Texans thought they had solved the problem of 46.02 with the passage of the concealed handgun legislation in 1995- thank you very much Gov. George W. Bush.

Most of the contemporary "jurisprudence" on this issue is extracted from the CHL provisions, or at least has developed from thenotion that in order to carry a handgun you need a CHL.- leaving the option of open carry unavailable . I just have to add that the Texas handgun issueis not a simple as it might be in a smaller state. Texas is a big state with diverse cultural attitudes.Depending upon the geographical areain Texas- the display of a holstered handgun wouldprobably result in less attention than it would in most of the "green OC states". That having been said - Texas is well on it's way to becoming another Kalifornia.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
imported post

Rush Creek... thank you for your insightful article.

I am still shocked and surprised that Texas Firearms Laws, yes... Texas of all places, are stricter than many other States in some respects.

Hopefully, Texans will have the oppurtunity to convience the State Legislature to revamp these Laws to conform with diverse attitudes that many Texans share with the respect to Firearms- as you confirmed in your article.

I just can not believe that one can not Open Carry a Handgun in, say...Dallas or Fort Worth-perhaps even Houston, but, Open Carry of a Rifle is OK.

However, I do seem to hear a lot about Gang related Violence in Texas, around the bourder area, and also about inner-City problems. Needless to say though, many areas of the County have this problem, in one fashion or another.

Nevertheless, this is not typical, and in fact, it probably is a far-cry from many normal Texans who are upstanding Adult Law-abiding Citizens.

It is a shame the actions of a select few ruin it for everyone else.
 

DRILLER7530

New member
Joined
Jan 12, 2010
Messages
1
Location
, ,
imported post

Open Carry in Texas realy isnt enforced in most rural areas except where drug dealers operate FREELY , in those areas the police are as likely to be in the confidance of the Druggies and Coyotes , as not .

Doubt me , check on any of the counties along the Rio Grande river for a Sherrif arrested and convicted of criminal Malfeasance and or conspiracy., Brigido Marmalejo, of hidalgo county is only one of a few dozen ., and yet i used to ride my dirt bike hunting wearing a shoulder holster and a belt holster in plain site,. as well as carrying two shotguns in front fork Scabbards,hunting license on my shirt back.

the most desolate place on the face of the earth is a houston , or dallas freeway , when you break down at night. those cities have more criminals per block , than a lot of counties have people. , and yet according to the law ., i cannot carry a defensive weapon on my person as i get out to change a flat., can any of you say DUHH?.,

my best friend (a Police officer ) was on his way home ,had a flat and was changing it , when he head something under his hood (up to get the jack out)and said "hey" , the fellow answering said " thats allright buddy you can have the tires ,we just want the battery" he arrested both parties and held them for ON DUTY officers .

if i did this i would be guilty of brandishing a firearm. according to austin . and a good many "law abiding" drunk drivers.

get off it , it is our right to defend ourselves ,no matter what austin says (they still allow this)"how Barbaric" ,, LMAO yeah i'll be barbaric , all the way to my rig , and probably wont see any law enforcement along the way , while carrying enough cash to fuel my pick-up and feed me for a month , several hundred dollars , and i'm safe .

why? because cops in rural counties dont ask if you are carrying , they expect it.

cops in civil areas , shouldnt ask (are they Stupid?) my tags are from Nacogdoches county , I'm in south Texas , of course i have money, a nice vehicle and am alive after coming through houston at two a.m. , that in Itself can be a hurdle.

we must stop the argueing , and get behind one or anotherof the current petitions to make open carry legal again in Texas , the criminals have taken over ,, and the only way to get Texas back is to not be intimidated by career Criminals , and not letting them get away to jail , where they can eat and be protected till they get out again to bother someone else.

DRILLER
 

Rush Creek

Regular Member
Joined
Sep 17, 2009
Messages
48
Location
Arlington, Texas, USA
imported post

The Texas Constitution's grant to the Legislatureof "...power to regulate the wearing of arms with a view to prevent crime" would seem to logically address the issue of concealed arms, however Texas statutory law makes no reference to the concealed carry of handguns in TPC 46.02.

Were it not for the enactment of the Texas concealed handgun license law in 1995 -current Texas handgun law would be clearly unconstitutional. Upon further reflection the RIGHT TO KEEP & BEAR ARMS referred to in the U.S. and Texas Bill of Rights cannot be held hostage toeither State or federal license. Licensed activities are notRIGHTS bydefinition, and RIGHTS by definitionare not subject to license.

So WHAT exactly does the Texas Constitution refer to concerning WEARING OF ARMS ?The Texas Constitution is certainly not refering to the wearing of a handgun generally - because that would be a ridiculous contradiction of " The right of every person to keep and bear arms in defense of his (her) self". I'm going toengage in a great leap of logic and conclude that this "power to regulate the wearing of arms" is intended toprovide the Legislature the discretion to REGULATE (not prohibit) the wearing of arms in courtrooms, jail visitation areas, perhaps even banks, hospitals, schools, and any other location where the Legislature mayREASONABLY determinethat public safetyor the State crime prevention concern outweighs the free UNREGULATED exercise of this RIGHT.

It does not necessarily follow that the Legislature SHOULD regulate the wearing of armsat all such locations,only that it MAY regulate - within the parameters of representativepolitical discretion. For example, such legislative discretion may only extend to previously convicted bank robberswho have completed their sentences being prohibited from wearing their handguns while INSIDE BANKS, or that all other bank customers must wear their handgun openly when in a bank,or REGULATING the concealed wearing of handguns in general. The Texas Legislature for some reason has never exercised it's regulatory power to GENERALLY regulate concealed wearing of firearmsprior to 1995- although I suspect that was the original intent of 46.02 based on apresumption that a handgun most probably would or could be concealed.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
imported post

There is nothing under Texas Penal Code 46.03 or 46.035 that regulates carrying any Firearm to or while at any Bank.

Therefore, The Texas State Legislature seemingly does not wish to '... prevent Crime...' at those places.

Oddly enough though, within a 1000 feet of an Execution, is prohibited to Firearms, however, under 46.02.

Frankly, I think that Texas only passed Laws they felt that they needed without reallyfiguring out what they really wished to allow and prohibit.
 

SA-TX

Centurion
Joined
Feb 12, 2008
Messages
275
Location
Ellis County, Texas, USA
imported post

Robin47 wrote:
...
Even if its like "SA_TX" saids Black powder antique firearms. Better then nothing !

IMHO, an "antique" firearm doesn't have to be black powder. Sadly, no TX statue that I can find defines "antique firearm" or "curio firearm".Below, I post theexact text of the statute, so that everyone is understands how murky the wording is.

Does this mean that ALL pre-1899 firearms are exempt from the definition? Before the stuff about about a folding knife was added, the code was a bit clearer but the scope of the firearms exempted from the definition remains. Of non-replica firearms, the two schools of thought appear to be these:

1) All pre-1899 firearms, which is in harmony with federal law.

2) Only those pre-1899 firearms which have some special value as an "antique" or "curio".

The 2nd category is replica firearms and those must not use center fire or rim fire ammunition. Thus, for all pratical purposes, they need to be muzzle loaders.

I think it makes the most sense that Texas lawmakers wanted Texas law to mirror federal law and then over the years added even more exemptions (weapons with large blades that would otherwise be illegal, replicas) ironically making it MORE DIFFICULT to determine the true meaning. Thus, my contention is that ALL pre-1899 firearms are exempt as well as replicas that don't use modern ammunition. IANAL, your mileage may vary. :)

Taken from: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.01

PENAL CODE

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

CHAPTER 46. WEAPONS

Sec.46.01.DEFINITIONS.In this chapter:

...

(3)"Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:

(A)an antique or curio firearm manufactured before 1899; or

(B)a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

[align=left][/align]
 

DKSuddeth

Accomplished Advocate
Joined
May 8, 2006
Messages
833
Location
Bedford, Texas, USA
imported post

I strongly urge people to NOT try wearing the 'antique' firearm to avoid 46.02. There is a TX state case precedent that states an antique firearm is a handgun for the purposes of 46.02. I've posted it before, i'll try to find it again.
 

Rush Creek

Regular Member
Joined
Sep 17, 2009
Messages
48
Location
Arlington, Texas, USA
imported post

I wonder if the use of "antique or curio" terminology was INTENDED to serve as criteria where by definitionsuch a "NON-firearm" would be generally considered "inoperable", or at least expected to be carried by a person without purpose or intent to discharge ammunition due to concernfor damaging the "antique or curio" value of the device.

I knew a lady during the early 1990's who carried a pre-1899 Deringer that was quite "operable" but she carried it concealed anyway. I don't know what year the Legislature added this "antique or curio" provision , but I suspect it was during the Bonnie & Clyde era . Most criminals during that time period would have had little interest in carrying a pre-1899 model given the availability ofTommy guns, BAR's,shot-guns, and 1911's.

Trying to understand the original intent of Texasfirearm law pretty much requires a "to prevent crime" perspective. The problem is thatthe application of earlier Texas firearm laws in recent decades has focused less on original legislative intent and more on "officer safety" concerns, and public and official reactionto the plague of shoot 'm up nut-cases that ever increasing since the 1960's.

Only when the general public begins to realize and appreciate the VALUE of armed law-abiding "sheepdogs" in the public square will resistance to OC subside. I am convinced this VALUE will only be recognized by the general public when the incidence of "sheepdogs" taking down BG's increases much moresignificantly.
 

SA-TX

Centurion
Joined
Feb 12, 2008
Messages
275
Location
Ellis County, Texas, USA
imported post

DKSuddeth wrote:
I strongly urge people to NOT try wearing the 'antique' firearm to avoid 46.02. There is a TX state case precedent that states an antique firearm is a handgun for the purposes of 46.02. I've posted it before, i'll try to find it again.

I did a search here on the site but didn't run across that post. You should be able to look at all of your own posts more easily. If you can find this, please re-post or send it to me privately.

Here are a few links and decisions I've found.

Here is a recent appeals court decision:

http://www.2ndcoa.courts.state.tx.us/opinions/HTMLOpinion.asp?OpinionID=17423

Since the handgun in question wasn't an antique, they didn't go into it too much except to note that the defendant has the burden of raising that asa defense as opposed to the state having to prove that the weapon was NOT an antique. That they can raise the issue at all implies that there is a real exemption.

This is a recent federal bankruptcy court (from Texas) that discusses antique firearms because they are a part of a debtors estate.

http://www.txwb.uscourts.gov/opinions/opdf/07-50189-lmc_Tolbert%20S.%20Wilkinson%20M.D.%20and%20Suzanne%20T.%20Wilkinson_2009-04-14%2023;05;11.pdf

The state law definitions are discussed, since federal bankruptcy law uses the law of the state as to exemptions, in both the penal code and the property code. Federal law about pre-1899 weapons are also discussed but found to be irrelevant. They decide that the property code trumps the penal code since this is a bankruptcy proceeding, but I thinkthis is good reading.

Here's a page from the Texas Parks and Wildlife department about hunting and antique firearms: http://www.tpwd.state.tx.us/publications/annual/hunt/means/

As for people carrying "antiques", I agree that no one should overlook the legal uncertainty. IANAL and people should investigate the legal ramifications very carefully before taking any course of action. I am simply giving my non-professional opinion, nothing else. In case anyone is wondering, do I openly carry an antique? Heck no! I don't want to be the test case. :D That still doesn't change my opinion that it is legal.

SA-TX
 

Rush Creek

Regular Member
Joined
Sep 17, 2009
Messages
48
Location
Arlington, Texas, USA
imported post

When the McDonald v Chicago decision is rendered I hope the SCOTUS manages to escape the confines of the "in the home" box.The right of keeping & bearing/wearing of arms never has been characterized by or restricted to the confines of " the home" except in very recent times.

The SCOTUS seems to be intent uponcautiously guarding, if not outright reinforcing relatively new "perspectives" regarding the exercise of this long standing right. A person's safety is obviously at a greater level of risk once they venture out the front door of their home, and no constitutional provision exists for the legislative use of ANY convictiontoinfringe upon of this right. The "no right is absolute"facade has been stretched far beyond any reasonable constitutional limits.

I have no intention of further suffering the notion that my right to keep and bear arms must be hidden at all times from public view, let alone be concerned for the possible"printing" of my concealed handgun while in Texas.If it is concealed by definition -yet its presence suspected - so be it. If its presence is observable - it will not be the result ofwrecklessness. If it is knowingly displayedrather than concealed - it WILL BE quite intentional- and for the sole purpose of defense of my person.
 

Rush Creek

Regular Member
Joined
Sep 17, 2009
Messages
48
Location
Arlington, Texas, USA
imported post

I've never been prone to just talk, my friend.

I continue to express my point of view, whether or not it is readily digestible in all corners of this forum - or Texas. I operate by my owncompass, within my own parameters, for my own PERSONAL reasons, and purposes. Not answerable tothe compass ,parameters,reasoning or purposes of others.

I express myself as I do because I have very strong convictions on this particular subject - I would like to contribute to constructive change in attitudes in Texas -and I might add that I have a fair amount of experience[YES] actually "OC'ing" as it is now being referred to - in Texas.

Others who also have strong convictions on this subject might consider articulating their perspectives, and contributing something of substance and value to the discussion - rather than simply offering up what seems to me to be wimpy exhortations and childish dares.............
 

cloudcroft

Campaign Veteran
Joined
Jan 13, 2007
Messages
1,908
Location
El Paso, TX (formerly Colorado Springs, CO)
imported post

Right...and I can express myself,too, even in disagreement.

Regardless,all that convoluted and awkward wording in your response (trying to sound intellectual?), WTH are you trying to say? No? Okay, just spit it out: NO. Just a simple answer would suffice.

And while you're at it, please go ahead and admit EVEN YOUdon't believe what your're saying, you just want some mislead/misinformed reader here to do what you say is legal -- OCing in TX -- and get into heap big legal trouble. Ugh!

Okay, no, you're still not OCing. So more talk but no walk....just like I figured, and just like last time and every time you post (just a FYI for new readers not following this guy).

Anyone can talk -- although few are as pedantic/ponderousas you are -- but as the saying goes, talk is cheap...at least that makes it affordable for you todo a lot more of it, as you probably will.

Let us know when you're going to back up what you say by getting out on the street and DOING it...we're still waiting.

Your "friend" as always,

-- John D.
 

Rush Creek

Regular Member
Joined
Sep 17, 2009
Messages
48
Location
Arlington, Texas, USA
imported post

I'm going to be knocking on doors for Debra Medina this weekend.

And you are ...........what ?


Please don't read my postings anymore -my apparent constrained rhetoric obviously isn't your cup of tea. I'm sorry if I just get you all flustered because I won't be the great crusader that you are looking for to make OC easy for YOU.
 

cloudcroft

Campaign Veteran
Joined
Jan 13, 2007
Messages
1,908
Location
El Paso, TX (formerly Colorado Springs, CO)
imported post

Don't change the subject to me, YOU're the one doing all the talk, not I. Besides, when *I* preach something, I also practice it. Big difference.

And we weren't talking about political activism, we were talking about OCing in Texas, not anything else. So don't change the focus there, either.

-- John D.

P.S. I have no intention of "harrassing" you every time you post, but I do want it known that if youyourself don't try/dowhat you suggest we other Texans should try/do, then your credibility takes a REAL big hit. So I may post that as a "friendly reminder" from time to time. But I'm done for now. As always, your buddy -- John D.
 

Rush Creek

Regular Member
Joined
Sep 17, 2009
Messages
48
Location
Arlington, Texas, USA
imported post

I am the only existing stockholder in MY "credibility". I've nointerest in attempting to sell my credibility to others by say - parading up & down the Sea Wall Blvd displaying a holstered handgun on my belt at high-noon in order to demonstrate my veracity.

I don't apologize for owning a nice English dictionary, orhaving a propensity to express my thoughts on a public forum. I'm not an attorney but I have a good deal of experience studying commercial, political, and societal legal relationships- and coming up with fairly effective solutions for overcoming inherently wrong policies, rules, and attitudes .

I consider my self a "sheepdog" - one who is willing to explore the outer perimeters of the "sheep pen" rather than assume the self-appointed role of "Chihuahua-in-Charge " of protecting the sheep-gate- not so much to keep the wolves out - but to keep the sheep inside.

No person should rely upon the compass & road map of another.Affirmation of my personal discretionary conduct is offerred up for the purpose of stimulating thought, consideration, discussion, and [YES] perhaps similar behavior conducted in a THOUGHTFUL manner. That's the purpose of this forum.Apparently the phantom prospect is that someone reading my views will hit the Texas streets with their OC'd handgun proclaiming that Rush Creek said it was OK .

I don't thinkthe problem is that you don't believe that I put into practice what I preach as much as you want SOMEBODY to start moving the ball down the field towards Austin.Consider the possibility that it will not besome leader, or group leading the charge- but thousands of citizens in their own way, time, and place chipping away at the foundations of this affront to the free exercise of our right.

In practiceI'm of the opinion that anyone that's inclined to strictly OC rather than exercise both the OC and CC options when & where appropriate probably shouldn't leave their house armed in the first place. OC -ONLY is just not practical given the realities of life.If the Texas Legislature passes and Gov. Debra Medina signs a bill into law that would resolve the Texas "OC question" - the struggle will have only begun to educate the public on the subject of proactive self-defense.
 

offshoredriller

New member
Joined
Jan 25, 2010
Messages
1
Location
, ,
imported post

hello ladies and gentlemen,this is my first post,but from what i gather,i think everyone needs to pull together on this one. maybe we can turn the tide in texas by voting. I have been all around this great big world and have made a point of studying other states and countrys laws regarding firearms. first off, nobody i worked with in alaska could believe that texas of all states does not allow open carry,as this is normal in alaska. also texas is one of six states that doesnt let sheeple open carry. we have to change this folks,we as texans have an image to maintain. a friend of mine in the great state of mississippi once told me two mules pulling together are better that two mules pulling apart.
 

desettle

Regular Member
Joined
Dec 26, 2009
Messages
113
Location
Highlands Ranch, Colorado, USA
imported post

aadvark wrote:
Unfortunately, in Texas, one may not carry a(n) '... llegal Knife, Handgun, or Club' regardless as to whether or not the carrying is incident to doing so knowingly, intentionally, or recklessly, as is codified under Texas Penal Law Sec. 46-02.

However, this Section does not make any reference to Long Guns, therefor; such carry in Public is Legal!

In contary to the provisions of Sec. 46-02, Texas Penal Code 46-03 does howeevr make reference to a/ny Firearm as for the places they are prohibited. In this instance, although Legal to carry Firearms [Long Guns] in Public, they, however, do become Illegal to or while at any: 1. School (which includes its grounds/bus/buildings etc.), 2. On the premises of any Voting Place on Voting Day, 3. Any Government Court Roomor its premises, 4. Racetraks, 5. Secure Areas of Airports, or 5. Within a 1000 feet of any execution at any location being used for such. The only exception that would be applicable to ordianry Persons with Long Guns in this instance would be for those who are in, on, or within their own vehicles, homes, or properties and this exception only applies to 46-03(6).

Now here is where things get interesting! Under Texas Penal Code 46.035, carrying a Handgun, even if Licensed under The Authority of Texas Government Code Subchapter H, 411, supra, is a crime if done while such Person is to or while at: 1. Any establishment that sells Alcohol for consumption on premises taht derives more tahn 51% of their business from Alcohol sells, 2. Any School Event(outside of School Grounds), 3. Correcetional Facilities, 4. Hospitals/Nursing Homes, 5. AmusementParks in counties withmore tahn 1,000,000 people as residents that encompass more tahn 75 acres of Land during the event,6. Churchs/Places of Worship, 7. Governmental entity meetings (Such as City Council Meetings, etc.), 8. While intoxicated, or finally, 9. Carrying a Handgun Openlyon or about the Person (unlessit is done in Self-Defense) in any other place anywhere in Texas.
I was reading through this posting and noticed this as saying 9. Carrying a Handgun Openlyon or about the Person (unlessit is done in Self-Defense) in any other place anywhere in Texas.

Is this true? Because it appears that you can Openly Carry a handgun if it is done in Self-Defense. Any time anyone carries a handgun (at least the law-abiding citizens) it is for self defense. Right?

Or, am I not reading this correctly.

-desettle
 

Rush Creek

Regular Member
Joined
Sep 17, 2009
Messages
48
Location
Arlington, Texas, USA
imported post

That reference to "...carrying a handgun openly (unless it is for self-defense)...."

That reference paraphrases Texas Title 2, Chapter 9 regarding the USE OF DEADLY FORCE. ..."displayed the handgun UNDER CIRCUMSTANCES IN WHICH the actor WOULD HAVE BEEN JUSTIFIED IN THE USE OF DEADLY FORCE, and ...he BELIEVES the use of force IS IMMEDIATELY NECESSARY." Routine open carry cannot meet this test.

Apparently the term DISPLAY is interpreted differently in Texas than in Colorado where the "Display of a firearm" is a legal term for NOT CONCEALED. In Texas there seems to be a legal presumption that failure to conceal = obstentatious show, calculated to attract attention, show off ,or to flaunt.

Purpose and intent of one person to convey an impliedthreat of the use of deadly force in order to persuade another to either be compliantto direction, or respectful of the person is ofcourse precisely what every uniformed LEO is engaged in while on duty.
 
Top