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Thread: Will Rick Perry pass open carry

  1. #1
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    Will Rick Perry pass open carry

    from my understanding rick perry can call a special meeting to pass this law

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    The governor can call a special meeting of the legislature, true. But he's not going to do it for an issue that could have been dealt with during the regular session, but wasn't.

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    Legislation removing the "intentionally fails to conceal" provision (46.035) would require the least amount of legislative effort , paper and ink. I believe allowance for carry in plain view with the CHL- subject to compliance with all State laws and requirements- is the only politically feasible approach at this juncture.

    The Governor has expressed qualified support for open carry, as long as the individual carrying the weapon complies with all State laws and requirements. His Office points out that a change in State laws regarding carrying of firearms would require LEGISLATIVE ACTION, and therefore suggests that advocates of open carry in Texas may want to share their thoughts with their State legislators.

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    rick perry will only sign an open carry law if the legislature passes one. he talks support of it, but he's only concerned with concealed carry, as is most of the legislature. every single legislator I have talked to is all too concerned with people being licensed and approved with background checks. the only think that will make 46.02 and 46.035 invalid is a lawsuit.

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    Regular Member RussP's Avatar
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    Who are the pro-open carry legislators that one could write or email thanking them for their efforts?

    My son lives in the Houston area, but I've been coming to Texas regularly for over thirty years. Living in an open carry state, I would really like to be able to open carry when I visit family and friends, so I'd write a letter supporting changing the law.

    What areas of Texas would be more open carry friendly?

    Thanks
    Freedom has a taste to those who fight and almost die, that the protected will never know.

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    After the November State elections, the price of a postage stamp isn't so high as to preclude writing every single Texas legislator a thoughtful letter .

    When we write legislators it is important to recognize the source of resistance to open carry. Legislators are understandably concerned about WHO would open carry. Are they law-abiding ? Will they conduct themselves in a responsible manner? Will they respect the public sensibilites, and private perogatives of others ? Are they going to be mature, responsible , and respectful of others in public. Open carry in the public square (sidewalks, parking lots, other public areas) is one thing. OC onto private premises (businesses) is going to take some patience, and alot of concientious introductory demonstation.

    I am convinced that any legislative relaxation of open carry regulation in Texas will be connected to the CHL, or reciprocity policy. Given the general public's potential for reacting with some degree of alarm to the sight of even a securely holstered handgun , open carry in public areas amounts to a serious "stage" performance. The goal of this "performance" being to demonstrate that proximtry to responsible armed citizens actually enhances public safety.

    Restrictions regarding premises involved in alcohol sales , schools, and private business perogatives will have to be respected, making it necessary to be "convertible" from OC to CC on a moments notice. If any allowance for open carry (parking lots, sidewalks, public areas)is acheived it should be appreciated and used to advance increased acceptability and respectability in the public mind for open carry.

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    Quote Originally Posted by rushcreek2 View Post
    Legislators are understandably concerned about WHO would open carry. Are they law-abiding ? Will they conduct themselves in a responsible manner? Will they respect the public sensibilites, and private perogatives of others ? Are they going to be mature, responsible , and respectful of others in public. Open carry in the public square (sidewalks, parking lots, other public areas) is one thing.
    These arguments have absolutely no merit. bad guys carry even though they're not "allowed" to. Just like any other gun law, it's only applicable to law-abviding citizens which is wholly unfair. In my eyes, that's the same as saying you're not allowed to keep a gun in your home for self defense, but taht doesn't stop the bad guys from bringing their own into your home.

    It's all absurd.

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    "Arguments" from any perspective, with or without merit, are not going to achieve anything but discourse contaminated by strident rhetoric, while yet another session of the Texas legislature refuses to deal with this issue.

    The very real concern exists that there will inevitably be a few class-clowns who will embark upon the exercise of their constitutionally protected right to jolt the conditioned sensibilities of the general public by presenting their display of a holstered handgun in a manner resembling "cruising up & down the drag" on Saturday night to show off their "hot rod".

    That's an extreme analogy - I know - and not at all representative of the responsible OC/CC community represented on this and other related forums. Unfortunately, these concerns DO have merit in the minds of legislators, and many of their constituents because police blotters reflect similar conduct every day.

    Responsible open carry should resemble- IMHO - "flying beneath the radar" - while following a responsibly conceived "flight-plan" - NOT joy-riding in the "crop-duster" and buzzing the roof-tops of vehicles. Something akin to the "crop-duster" analogy sadly is what is invisioned by many opponents of OC in Texas.

    Such concerns are very real and will continue to stand in the way of any legislative proposals that do not provide some mechanism of restraint -just as was the case with passage of the CHL law in 1995. The Texas legislature would not have enacted a law in 1995 allowing for the wearing of handguns in public without a mechanism of restraint (CHL). Precisely because of these same concerns, no proposal for relaxed open carry regulation in Texas is going to get airborne without the initial baby-step of some "leash-law"(CHL).

    It's only 4 months until the next legislative session, and high time to consolidate our goals into a package that can be marketed to the Legislature successfully - and licensed handgun carry (CC/OC) is the best candidate. Those of us who hold this perspective need to get busy communicating this reasonable united legislative goal with legislators, as well as circulating the idea on other forums.

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    Quote Originally Posted by DKSuddeth View Post
    rick perry will only sign an open carry law if the legislature passes one. he talks support of it, but he's only concerned with concealed carry, as is most of the legislature. every single legislator I have talked to is all too concerned with people being licensed and approved with background checks. the only think that will make 46.02 and 46.035 invalid is a lawsuit.
    I grew up in Texas and spent most of my life there and I totally agree, the only way to get opencarry in Texas will be through the courts. You might as well start trying to figure out how to do that.

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    if that what they want for me to have a permit to oc then iam willing to do this for know if that what it will take to get the ball rolling

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    It's only 4 months until the next legislative session will it help if we hold some type of open carry rally with a banner maybe wear a empty holster i think we should be there when they arrive and when they leave

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    Only if the legislature passes it...but then, they probably won't even discuss it.

    Short answer....NO!

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    Quote Originally Posted by matt dillon View Post
    It's only 4 months until the next legislative session. Will it help if we hold some type of open carry rally with a banner maybe wear a empty holster? I think we should be there when they arrive and when they leave.
    Wearing an empty holster just makes us look like a bunch of clowns. Besides that, most of us are lucky to have jobs in this economy, and can't take the time off without jeopardizing those jobs. A concerted effort requires thousands of dedicated people to stand around all day shouting and waving signs at people that don't really care what we think. If you make too big of a ruckus, they'll setup a fenced-off "free speech zone" a mile or so away from where it really matters with the lame excuse that they're only concerned with our safety.

    Next, you have to consider that Austin is a big college town and the students are mostly clueless liberals that think the Constitution as it's currently written is old fashion and not applicable in today's "global" circumstance, and that attitude seems to be spreading to people old enough to know better.

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    Regular Member crdonov's Avatar
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    Quote Originally Posted by RussP View Post
    Who are the pro-open carry legislators that one could write or email thanking them for their efforts?

    My son lives in the Houston area, but I've been coming to Texas regularly for over thirty years. Living in an open carry state, I would really like to be able to open carry when I visit family and friends, so I'd write a letter supporting changing the law.

    What areas of Texas would be more open carry friendly?

    Thanks
    dont blaim you. should be able to open carry every where!
    xd-out

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    2nd amendment omissions

    Quote Originally Posted by DKSuddeth View Post
    rick perry will only sign an open carry law if the legislature passes one. he talks support of it, but he's only concerned with concealed carry, as is most of the legislature. every single legislator I have talked to is all too concerned with people being licensed and approved with background checks. the only think that will make 46.02 and 46.035 invalid is a lawsuit.
    Did part of the 2nd amendment get omitted from my copy? I could not find anything about a background check, training, or a license. I understand that the Texas Constitution states

    "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."

    but, for the legal ones out there does the US Constitution 2nd Amendment not over rule the power to regulate part as long as Texas is a state in the US, and why don't we work to get that amended?

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    What I want to know is how does keeping law-abiding citizens from carrying apply to their goal of "preventing crime"? It really torques my hide that my 2nd amendment rights are being infringed by the simple fact that I'm a law abiding citizen.

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    Quote Originally Posted by jsimmons View Post
    What I want to know is how does keeping law-abiding citizens from carrying apply to their goal of "preventing crime"? It really torques my hide that my 2nd amendment rights are being infringed by the simple fact that I'm a law abiding citizen.
    Amen!
    We really need to start protesting / work to eliminate defense free, criminal friendly zones as well.

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    Quote Originally Posted by tmoorhead View Post
    Did part of the 2nd amendment get omitted from my copy? I could not find anything about a background check, training, or a license. I understand that the Texas Constitution states

    "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."

    but, for the legal ones out there does the US Constitution 2nd Amendment not over rule the power to regulate part as long as Texas is a state in the US, and why don't we work to get that amended?
    from my short experience dealing with the texas legislature, they don't care about the constitution any more than the dems in federal office do. They have in place what they have in place and they are comfortable with it. It will take a court case or serious voter backlash to change it.

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    New to the forum, Hi everyone.

    So, the only viable plan is to get a court case? Can you just file a suit, or do you have to show harm from the law first, ie, get arrested? Anyone from the TSRA or GOA or SAF side organizing anything on this?

    I dunno, it strikes me a bit odd that it's not worth even trying to bring awareness and votes to bear here.

    I recall Ann Richardson's Veto of the CCW law being a significant contributing factor in her re-election bid. Austin may be liberal hippie town, but the lawmakers come from the hill country and west texas and the piney woods. I promise you this, they absolutely will not take action on this if the citizens don't take action on lettin' them know. (I've since moved to WA state and OC when I want to or I'd sure spend a saturday on the steps of the capitol.)

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    Quote Originally Posted by gunbug View Post
    New to the forum, Hi everyone.

    So, the only viable plan is to get a court case? Can you just file a suit, or do you have to show harm from the law first, ie, get arrested? Anyone from the TSRA or GOA or SAF side organizing anything on this?

    I dunno, it strikes me a bit odd that it's not worth even trying to bring awareness and votes to bear here.

    I recall Ann Richardson's Veto of the CCW law being a significant contributing factor in her re-election bid. Austin may be liberal hippie town, but the lawmakers come from the hill country and west texas and the piney woods. I promise you this, they absolutely will not take action on this if the citizens don't take action on lettin' them know. (I've since moved to WA state and OC when I want to or I'd sure spend a saturday on the steps of the capitol.)
    There was a LOT of noise made before and during the last legislative session 2 years ago. As I recall, we couldn't even find someone willing to sponsor a bill calling for opencarry. If nothing happens this year(as I suspect), there should be some sort of lawsuit filed. What that would be, I have no idea.

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    Regular Member Jack House's Avatar
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    Actually, I think it did end up getting introduced, but never made it anywhere thanks to the stalemate caused by an entirely unrelated bill.

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    Quote Originally Posted by Jack House View Post
    Actually, I think it did end up getting introduced, but never made it anywhere thanks to the stalemate caused by an entirely unrelated bill.
    No, one was not introduced. There was one drafted, but it was never introduced.

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    Quote Originally Posted by gunbug View Post
    New to the forum, Hi everyone.

    So, the only viable plan is to get a court case? Can you just file a suit, or do you have to show harm from the law first, ie, get arrested? Anyone from the TSRA or GOA or SAF side organizing anything on this?

    I dunno, it strikes me a bit odd that it's not worth even trying to bring awareness and votes to bear here.

    I recall Ann Richardson's Veto of the CCW law being a significant contributing factor in her re-election bid. Austin may be liberal hippie town, but the lawmakers come from the hill country and west texas and the piney woods. I promise you this, they absolutely will not take action on this if the citizens don't take action on lettin' them know. (I've since moved to WA state and OC when I want to or I'd sure spend a saturday on the steps of the capitol.)
    I'd forget about any lawsuit trying to force open carry, per se. Heller basically said the government can "regulate" the right meaning they can prohibit OC or CC but not both(this is backed up by state precedents banning CC). The licensing requirements could be an issue though.
    Best bet is just get rid of the sheep in the TX legislature and eliminate the concealed requirement or better yet go VT carry and hold onto the CHL for reciprocity purposes.

  24. #24
    Regular Member Jack House's Avatar
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    Even if all we get permitless concealed carry, that's still better than what we have now.
    Last edited by Jack House; 09-08-2010 at 08:41 PM.

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    Looks like White has drawn up even with Perry in the polls. The issue may become moot if White wins. We can probably assume that White wouldn't pass OC...

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