Will Rick Perry pass open carry

gunbug said:

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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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.

Actually, I think it did end up getting introduced, but never made it anywhere thanks to the stalemate caused by an entirely unrelated bill.

Jack House said:

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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No, one was not introduced. There was one drafted, but it was never introduced.

gunbug said:

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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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.

Even if all we get permitless concealed carry, that's still better than what we have now.

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...

Will Rick Perry pass Open Carry?

Then, what we should do is to push for repeal of 46.035-this would NOT be Open Carry but it would do for now due to these VERY HOT SUMMER DAYS. If it accidentally shows, then OH WELL, the patterning problem would be eliminated!

Cowboy_Rick said:

Then, what we should do is to push for repeal of 46.035-this would NOT be Open Carry but it would do for now due to these VERY HOT SUMMER DAYS. If it accidentally shows, then OH WELL, the patterning problem would be eliminated!

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The concerns addressed by Section 46.035 are more than sufficiently addressed by Title 9, Section 42.01 -Disorderly Conduct - which currently addresses any firearm possession including long-guns. Yes, this section can and should be eliminated. Section 42.01 would immediately fill the void.

jsimmons said:

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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If White thought he could get away with it he would try to eliminate the CCL. He is a few things I won't say in an open forum.

OCW

rushcreek2 said:

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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I agree that the only way open carry will occur in Texas is as an expansion of the privilege of possessing a CHL.

It would be reasonable to make the argument to legislators that the climate in Texas during the majority of the year makes it difficult for license holders to lawfully carry a handgun without "printing". In addition, requiring a license holder to wear sufficient clothing to prevent "printing" would cause them to have to make a choice between personal safety and risk of heat stroke or exhaustion. Further, I think this argument can be expanded to highlight that the "printing" restriction forces people to carry handguns that may be considered marginal at being able to neutralize the threat of an attacker especially if that attacker is under the influence.

Since we have a CHL law and it is working well, I don't think the state will pass a law allowing open carry by everyone without a background check and some educational requirement. The anti-gun people can always make the argument that people can purchase a firearm in Texas from a private party and not be subject to any background check. Therefore, passing an open carry law without a background check could allow people to open carry who would not even be capable of buying a firearm through a Federally Licensed Dealer.

Remember, we have to present our position using logic and prepare for the arguments that the opposition will use against the effort.

I have made the argument to my state legislator that the printing restriction needs to be removed and at minimum, open carry by CHL holders should be permitted during periods of emergency and used the example of Houston following Hurricane Ike when significant portions of the city were without power. The legislator personally responded that they thought that was reasonable and worth consideration. BTW, he is a democrat serving intercity Houston.

OldCurlyWolf said:

If White thought he could get away with it he would try to eliminate the CCL. He is a few things I won't say in an open forum.

OCW

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Bill White is no stellar example of leadership and people should do what they can to make sure he is not elected as Governor.

He has left Houston with major problems including a police force that has not managed recruitment and staffing tenure. As a result, Houston has over 2000 officers eligible or close to being eligible for retirement with pension. Keep in mind, that is over 30% of the police force in the 4th largest city in the nation. I don't fault the officers who have served the city, but I do fault the leadership for not being proactive by overstaffing HPD upon seeing the tenure of the police force getting closer to retirement. Bill White did manage to find money to create community enforcement units driving hybrid toyotas that cruise neighborhoods writing parking tickets or other citations.

OC legislation

There was a bill drafted by Rep. Debbie Riddle of Tomball(a suburb of Houston), but was never introduced. Supposedly the effort was redirected to try to pass Campus carry, and a provision for the disabled to open carry. I spoke to Rep. Riddle at the Tea Party in Austin last year, and she didn't seem too pressed to introduce her bill. I mentioned special sessions and the ground swell of support open carry was receiving but to no avail. It seems she only authored the bill give herself a pro 2A stance. I notice that we haven't seen much this year yet, but there is always hope. I wrote many e-mails to my Reps., to Gov. Perry, even to Gregg Abbot, the AG, to see if he could render an opinion on open carry, much as the Wisconsin AG did to resolve his states dilemma. I never got more than a canned response from any of them. At last visit to the petition we had over 64,000 signatures and still nothing from our "representatives". AZ is looking pretty good, or maybe OR.

IIRC, I read somewhere that Greg Abbott said (not an official response) that McDonald changed nothing in Texas. I forget where it was and I ain't goin' huntin' fer it so don't ask for a cite.

rodbender said:

IIRC, I read somewhere that Greg Abbott said (not an official response) that McDonald changed nothing in Texas. I forget where it was and I ain't goin' huntin' fer it so don't ask for a cite.

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the 'authorities' in texas have nothing to fear from mcdonald because the current climate of gun owners is all hunky dory with the CHL law. I repeat, open carry will only happen through judicial action against the state.

DKSuddeth said:

the 'authorities' in texas have nothing to fear from mcdonald because the current climate of gun owners is all hunky dory with the CHL law. I repeat, open carry will only happen through judicial action against the state.

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I agree, Duane. If it be from a Texas case or another state, it will have to be the courts that do it. These guys ain't doinig it.

When everyone is ready to move on the lawsuit let me know because i would like to take part in this, IT IS Time.

press1280 said:

Heller basically said the government can "regulate" the right meaning they can prohibit OC or CC but not both.

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What I'm curious about is why the rest of the amendments aren't allowed to be regulated, but the 2nd amendment IS.

That seems to me to be wrong on so many levels.

jsimmons said:

What I'm curious about is why the rest of the amendments aren't allowed to be regulated, but the 2nd amendment IS.

That seems to me to be wrong on so many levels.

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Some of the others are regulated to a degree. You can't falsely yell fire in a crowded theater, you can't have a religion that has animal or human sacrifices, a paper can't print hearsay stories without at least trying to get the side of the person they are lieing about.

Tex4OC said:

...At last visit to the petition we had over 64,000 signatures and still nothing from our "representatives"...

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Just signed my support, almost 66700 so far. Really hope this gains some traction. If I lived in a colder climate, CC would be just fine. Texas summers make it downright difficult, if not almost impossible to conceal even a small handgun at times.

http://www.petitiononline.com/texasoc/petition.html

sprale said:

If I lived in a colder climate, CC would be just fine. Texas summers make it downright difficult, if not almost impossible to conceal even a small handgun at times.

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How bizarrely ironic that Texas bans OC, and Wisconsin has OC but no CC.