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Thread: Open Carry Odyssey from Del rio Texas to Virginia

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    Campaign Veteran Freeflight's Avatar
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    Open Carry Odyssey from Del rio Texas to Virginia

    Following is my Open Carry Odyssey from Del Rio Texas to Newport News Va. I carried my big XDM 45

    TEXAS
    It’s very interesting Open Carrying in Texas. Makes the pulse quicken! But I was TRAVELING so I open Carried with impunity at these locations within Texas:

    Del Rio- Manuel’s Steakhouse (Excellent Quail!), Lowes, EAB (Immigration checkpoint Didn’t get out of the Truck so I guess it doesn’t count, They took the puppy a lap around the truck, they didn’t infringe on our rights any more by asking questions)

    Rock Springs, The bank downtown, The Grocer (I can’t remember the name of the store).

    Jonah, KFC, Gas Station

    I actually saw several (two) other open carriers around rock-springs. It seems that open carry is expected and practiced here because of the sparseness of the area. There is no 911 to call. I talked with them at length, they always open carry and didn’t know it carrying a weapon was limited in any way in Texas!

    Louisiana
    Shreveport-Craw Daddy’s, El Dorado resort, Wal Mart, Ranchland Westerwear, Murphy USA Gas Station on Mansfield road,
    Bossier City, Tubbs Hardware on Benton Road, Pancho’s,
    Notes about El Dorado resort: The guards are not armed..and are very pitiful old fat people I was seen by them and lots of other employees and guests, no issues whatsoever. We Stayed 2 nights there.
    Arkansas
    One rest area. Gas Station In Little rock
    Missouri
    Des Arc, Poplar Bluff Wal-mart, Gas Station
    Tennessee
    Shoney’s in Memphis, Pilot in Stanton , Cracker Barrel in Harriman, La Quinta in Bristol
    Virginia
    Rest-stops, Top of Afton Mountain, Wood fired buffet in Charlottesville
    And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants"

    Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy 20, S. Padover ed., 1939

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    Regular Member sraacke's Avatar
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    Hey, I'm an old fat security guard. I'm not pitiful though.
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    I love Crawdaddy's. I've never OC'd there, just because of the uncertainty about guns and restaurants that serve alcohol. I'm sure Mr. Casio wouldn't have a problem with it, but there are too many movie industry people hanging out there now; can't go making the Hollywood types nervous. Plus, I'm always with family and friends when I'm there, so I don't want to have our time interrupted.

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    Campaign Veteran Freeflight's Avatar
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    Oooops

    Quote Originally Posted by yale View Post
    Hey, I'm an old fat security guard. I'm not pitiful though.
    No offence Meant... I old and fat too...lol
    And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants"

    Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy 20, S. Padover ed., 1939

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    Campaign Veteran Freeflight's Avatar
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    Crawdaddys-YUM!!!

    Quote Originally Posted by KBCraig View Post
    I love Crawdaddy's. I've never OC'd there, just because of the uncertainty about guns and restaurants that serve alcohol. I'm sure Mr. Casio wouldn't have a problem with it, but there are too many movie industry people hanging out there now; can't go making the Hollywood types nervous. Plus, I'm always with family and friends when I'm there, so I don't want to have our time interrupted.
    I understand, I met with 40 friends and family there (we always make a stop at Crawdaddys)
    Had a great time, even spoke with the owner. I brought them alot of $ that night.
    And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants"

    Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy 20, S. Padover ed., 1939

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    Big thumbs up for OCing while traveling in Texas!

    I plan in doing it myself one more during a trip to/from Missouri in about a week, provided it isn't too cold to forgo a jacket. That does occasionally happen in Texas, amazingly enough

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    Regular Member MKEgal's Avatar
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    Waidaminnit...
    Did you Texas folks go and get yourselves OC while the rest of us had our backs turned?
    I'd always thought that TX was one of the few places that prohibited OC.
    (Talk about "other end of the world"... here in WI we can ONLY OC.)

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by MKEgal View Post
    Waidaminnit...
    Did you Texas folks go and get yourselves OC while the rest of us had our backs turned?
    I'd always thought that TX was one of the few places that prohibited OC.
    (Talk about "other end of the world"... here in WI we can ONLY OC.)
    Texas does not permit OC - jus' no one felt the need to call it apparently.
    http://www.opencarry.org/tx.html
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Texas does not permit OC - jus' no one felt the need to call it apparently.
    http://www.opencarry.org/tx.html
    Actually, Texas doesn't permit having a handgun on or about your person. Then the law lists some exceptions, including CC with a CHL. One of the other exceptions is traveling; the traveler is completely exempt from PC 46.02 (Unlawful Carry of a Weapon), including any requirements that the gun be concealed.

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    Quote Originally Posted by KBCraig View Post
    Actually, Texas doesn't permit having a handgun on or about your person. Then the law lists some exceptions, including CC with a CHL. One of the other exceptions is traveling; the traveler is completely exempt from PC 46.02 (Unlawful Carry of a Weapon), including any requirements that the gun be concealed.
    Bingo. It's not easy to do every day, but it is possible.

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    Regular Member sraacke's Avatar
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    Quote Originally Posted by KBCraig View Post
    I love Crawdaddy's. I've never OC'd there, just because of the uncertainty about guns and restaurants that serve alcohol. I'm sure Mr. Casio wouldn't have a problem with it, but there are too many movie industry people hanging out there now; can't go making the Hollywood types nervous. Plus, I'm always with family and friends when I'm there, so I don't want to have our time interrupted.
    There is no uncertainty really. La state law does not allow carry into a resturant which sells alcohol. Cite- http://www.legis.state.la.us/lss/lss.asp?doc=78744
    RS 14:95.5
    Possession of firearm on premises of alcoholic beverage outlet

    A. No person shall intentionally possess a firearm while on the premises of an alcoholic beverage outlet.

    B. "Alcoholic beverage outlet" as used herein means any commercial establishment in which alcoholic beverages of either high or low alcoholic content are sold in individual servings for consumption on the premises, whether or not such sales are a primary or incidental purpose of the business of the establishment.

    C. The provisions of this Section shall not apply to the owner or lessee of an alcoholic beverage outlet, or to an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority acting in the performance of his official duties.

    D. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
    President/ Founding Member
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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by KBCraig View Post
    ... the law lists some exceptions... the traveler is completely exempt from PC 46.02 (Unlawful Carry of a Weapon), including any requirements that the gun be concealed.
    What an odd law. Odd in a good, useful way.
    I suppose there have been many court cases hammering out the limits of what makes someone a "traveller" vs. just going about her/his daily business. Eventually people will figure out that regular people can OC just like travellers can, and that restriction will vanish.

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    Quote Originally Posted by MKEgal View Post
    What an odd law. Odd in a good, useful way.
    I suppose there have been many court cases hammering out the limits of what makes someone a "traveller" vs. just going about her/his daily business. Eventually people will figure out that regular people can OC just like travellers can, and that restriction will vanish.
    There has never been a statutory definition of "traveling", and no statewide court ruling either. There was a patchwork of lower court rulings, ranging from any time you were out and about, to having to cross three county lines and stay overnight.

    In 2007 the legislature tried to fix it by adding a section saying a person was presumed to be traveling if they were in a car they owned or controlled, weren't a member of a criminal gang, and weren't breaking any laws other than minor traffic violations. The intent was to legalize car carry without a license.

    They messed it up, because that presumption was rebuttable in court, and some DAs continued to prosecute. So in 2009 they repealed that section and added a new one saying UCW doesn't apply if a person is in or en route to a car they own or control, isn't in a gang, and isn't violating laws other than minor traffic violations.

    Same conditions, except the 2007 version could still land you in jail and in court; with the 2009 version, the prohibition doesn't apply. Oh, and both versions required the gun to be concealed. But if you're actually traveling, not just relying on the Motorist Protection Act, there is no requirement that it be concealed.

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    BUT, and its a big but, if u have a chl u can be charged & convicted of failure to conceal by a license holder, in car so can't quote chap and verse, and never get to introduce traveling evidence.

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    Quote Originally Posted by AFCop View Post
    BUT, and its a big but, if u have a chl u can be charged & convicted of failure to conceal by a license holder, in car so can't quote chap and verse, and never get to introduce traveling evidence.
    Please see this same thread in the Texas section, where chapter and verse are quoted.

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