denwego
Regular Member
imported post
Open Carry in Texas - Fait Accompli
Traveling
While I certainly think that unlicensed, constitutional OC/CC is the ultimate goal here in Texas, I don't think we should shirk from the exercise of what we already have on the books. I've been following the Florida OC Event thread at http://opencarry.mywowbb.com/forum17/44563.html and was inspired by the folk in that group exercising their own greatly limited rights. Namely, it was the mention of PC §46.15(b3), which states we can carry how we choose if we are "engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity." Unfortunately, we don't get the blanket ability to carry a handgun while fishing, since a handgun isn't "commonly used" to catch a fish. But it gave me the bravery to exercise §46.15(b2) and openly carry while traveling this weekend across the state! It was purely a "because I can" and "I like to use my rights" moment; I have my CHL, and don't try to BS by saying "driving to the store is traveling because I don't normally go there." CHL is the day-to-day way to carry in this state, and I make a concerted effort to follow the law in all activities, not just those related to firearms. But the law of the land says we can openly carry while we're truly traveling, and in the limits of the law, I enjoy my rights.
My girlfriend and I traveled from near Houston to near Gilmer for a wedding, a total of 237 miles each way across nine counties - more than enough to double the precedent of Allen v. Texas in terms of sheer distance of "traveling." My carry was the same as my past OCing in, say, Virginia: 1911A1 in a Serpa, tucked button-up shirt, khaki slacks. No chance of thinking I am a PO, though, since I have a full beard and normal-length hair, no Texan buzzcut.
Aside from researching the standard legal stuff, I double-checked the TABC website for liquor license information, TABC policy (which carries the force of law in Texas), and county status - traveling exempts a person from PC §46.02, but the Alcoholic Beverage Code and TABC regulations also prohibit carry without a CHL if they have any sort of liquor license, on-or-off-premises (redundant under most circumstances, but not for a traveler!) Ergo, I was sure to stop for gas only in Rusk County, which is completely dry and therefore could not have any "licensed premises" whatsoever in a gas station or the like. Likewise, if I needed a bite to eat, McDonalds or Whataburger were the choices.
Actually being in the car was a complete non-event; while sitting in the driver's seat, my pistol is completely covered by the seat and center console, so "not in plain sight" gave me redundant protection under the MPA. Likewise, I kept my CHL in the glove box in case it were for some reason necessary, but not on me while walking about, so no §46.035(a) issue could ever be claimed. In the EXTREMELY unlikely case of being pulled over in a school zone, I also didn't want to give absolutely any wiggle room I didn't have to.
The two times I actually got out of the car were markedly different. Coming home, I grabbed some gas just outside of Henderson with no looks or interaction with anyone in any way, almost to the point of "cheating at my experiment." Heading up, however, I had a heart-in-my-throat moment: I stopped in Cleveland to grab a hamburger and a couple of sodas for dinner, and as I walked across the parking lot to go inside and order, I saw a San Jacinto County deputy walking in with what I'm sure was his kid. Cleveland is just across the line in Liberty County, but that doesn't matter here in Texas, since all PO's have their status and powers wherever they go in the state. We crossed paths quite closely, maybe ten feet or so, but that was it… I was VERY surprised. No actual interaction at all. I guess his son really, really, really wanted a burger immediately! So, I take surprise out of that one!
While I was around Gilmer, I wasn't "traveling" anymore, and didn't try to BS myself into thinking I was. By happenstance, I didn't carry anywhere outside of my weekend bedroom in any event, as I didn't carry at the wedding or reception, and I never went anywhere else the rest of the time.
So, in sum total, it was a good time! The sky didn't fall down, nor did the seas boil; I don't know if I'll try OCing while traveling again anytime soon, but I'm very happy that I did at least once. And I'm REALLY looking forward to the day when we'll have unlicensed OC under all conditions and times here in Texas… we just need to keep up the pressure and make sure our voices are being heard!
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Addendum - I decided not to cross-post this on texaschlforum.com. I read that forum as well every day, and lots of the people on there are why we even have a CHL in Texas today to begin with, but they plain-old hate the notion of open carry period, licensed or unlicensed. I don't like mixing ammonia and bleach in the real world, so won't be trying it there either!
Open Carry in Texas - Fait Accompli
Traveling
While I certainly think that unlicensed, constitutional OC/CC is the ultimate goal here in Texas, I don't think we should shirk from the exercise of what we already have on the books. I've been following the Florida OC Event thread at http://opencarry.mywowbb.com/forum17/44563.html and was inspired by the folk in that group exercising their own greatly limited rights. Namely, it was the mention of PC §46.15(b3), which states we can carry how we choose if we are "engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity." Unfortunately, we don't get the blanket ability to carry a handgun while fishing, since a handgun isn't "commonly used" to catch a fish. But it gave me the bravery to exercise §46.15(b2) and openly carry while traveling this weekend across the state! It was purely a "because I can" and "I like to use my rights" moment; I have my CHL, and don't try to BS by saying "driving to the store is traveling because I don't normally go there." CHL is the day-to-day way to carry in this state, and I make a concerted effort to follow the law in all activities, not just those related to firearms. But the law of the land says we can openly carry while we're truly traveling, and in the limits of the law, I enjoy my rights.
My girlfriend and I traveled from near Houston to near Gilmer for a wedding, a total of 237 miles each way across nine counties - more than enough to double the precedent of Allen v. Texas in terms of sheer distance of "traveling." My carry was the same as my past OCing in, say, Virginia: 1911A1 in a Serpa, tucked button-up shirt, khaki slacks. No chance of thinking I am a PO, though, since I have a full beard and normal-length hair, no Texan buzzcut.
Aside from researching the standard legal stuff, I double-checked the TABC website for liquor license information, TABC policy (which carries the force of law in Texas), and county status - traveling exempts a person from PC §46.02, but the Alcoholic Beverage Code and TABC regulations also prohibit carry without a CHL if they have any sort of liquor license, on-or-off-premises (redundant under most circumstances, but not for a traveler!) Ergo, I was sure to stop for gas only in Rusk County, which is completely dry and therefore could not have any "licensed premises" whatsoever in a gas station or the like. Likewise, if I needed a bite to eat, McDonalds or Whataburger were the choices.
Actually being in the car was a complete non-event; while sitting in the driver's seat, my pistol is completely covered by the seat and center console, so "not in plain sight" gave me redundant protection under the MPA. Likewise, I kept my CHL in the glove box in case it were for some reason necessary, but not on me while walking about, so no §46.035(a) issue could ever be claimed. In the EXTREMELY unlikely case of being pulled over in a school zone, I also didn't want to give absolutely any wiggle room I didn't have to.
The two times I actually got out of the car were markedly different. Coming home, I grabbed some gas just outside of Henderson with no looks or interaction with anyone in any way, almost to the point of "cheating at my experiment." Heading up, however, I had a heart-in-my-throat moment: I stopped in Cleveland to grab a hamburger and a couple of sodas for dinner, and as I walked across the parking lot to go inside and order, I saw a San Jacinto County deputy walking in with what I'm sure was his kid. Cleveland is just across the line in Liberty County, but that doesn't matter here in Texas, since all PO's have their status and powers wherever they go in the state. We crossed paths quite closely, maybe ten feet or so, but that was it… I was VERY surprised. No actual interaction at all. I guess his son really, really, really wanted a burger immediately! So, I take surprise out of that one!
While I was around Gilmer, I wasn't "traveling" anymore, and didn't try to BS myself into thinking I was. By happenstance, I didn't carry anywhere outside of my weekend bedroom in any event, as I didn't carry at the wedding or reception, and I never went anywhere else the rest of the time.
So, in sum total, it was a good time! The sky didn't fall down, nor did the seas boil; I don't know if I'll try OCing while traveling again anytime soon, but I'm very happy that I did at least once. And I'm REALLY looking forward to the day when we'll have unlicensed OC under all conditions and times here in Texas… we just need to keep up the pressure and make sure our voices are being heard!
-----
Addendum - I decided not to cross-post this on texaschlforum.com. I read that forum as well every day, and lots of the people on there are why we even have a CHL in Texas today to begin with, but they plain-old hate the notion of open carry period, licensed or unlicensed. I don't like mixing ammonia and bleach in the real world, so won't be trying it there either!