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Open Carry Odyssey from Del rio Texas to Virginia

Freeflight

Campaign Veteran
Joined
Sep 28, 2007
Messages
306
Location
Yorktown VA, ,
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
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
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.
 

Freeflight

Campaign Veteran
Joined
Sep 28, 2007
Messages
306
Location
Yorktown VA, ,
Crawdaddys-YUM!!!

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.
 

denwego

Regular Member
Joined
Jun 30, 2006
Messages
276
Location
Houston, Texas, USA
Big thumbs up for OCing while traveling in Texas! :banana:

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 :D
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
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.)
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
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. :uhoh:
http://www.opencarry.org/tx.html
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
Texas does not permit OC - jus' no one felt the need to call it apparently. :uhoh:
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.
 

denwego

Regular Member
Joined
Jun 30, 2006
Messages
276
Location
Houston, Texas, USA
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.
 

sraacke

Regular Member
Joined
Jul 20, 2008
Messages
1,214
Location
Saint Gabriel, Louisiana, USA
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.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
... 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.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
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.
 

AFCop

Regular Member
Joined
Oct 13, 2008
Messages
181
Location
Newport News, Va
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.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
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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