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Thread: Open carry bill introduced in Texas

  1. #1
    Regular Member pooley's Avatar
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    Open carry bill introduced in Texas

    It's in. HB 2756

  2. #2
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    Open Carry!!!

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    dernit, you beat me here too!

  4. #4
    Regular Member pooley's Avatar
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    Quote Originally Posted by jordanmills View Post
    dernit, you beat me here too!
    Fast as fast can be, you'll never catch me!

    I had a feeling it'd be today since Rep. Lavender started submitting bills yesterday afternoon, so that kept me alert & watching

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    how long will this bill take to move from stage one to stage two

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    Regular Member pooley's Avatar
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    Quote Originally Posted by matt dillon View Post
    how long will this bill take to move from stage one to stage two
    That's not something someone can put a date to. It has to be referred to a house committee, then the committee sets a date for the hearing. Testimony will be taken, substitutions proposed & so on...

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    In florida its been 3 months since the bill was submitted and i think there's at least another month to go. It all depends on your people in your state. Since florida is a tight ass state, our oc bill isnt doing so well.

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    Quote Originally Posted by Alude904 View Post
    In florida its been 3 months since the bill was submitted and i think there's at least another month to go. It all depends on your people in your state. Since florida is a tight ass state, our oc bill isnt doing so well.
    Tight ass doesn't describe it. Florida OC is all but dead at this point, and so is campus carry since it was stupidly placed in the same bill.

  9. #9
    Regular Member pooley's Avatar
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    Quote Originally Posted by randian View Post
    Tight ass doesn't describe it. Florida OC is all but dead at this point, and so is campus carry since it was stupidly placed in the same bill.
    That's what I'd heard, but I wasn't sure.

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    Regular Member KD5WMX's Avatar
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    So OC would still require a license making a CHL essentially a HL? Licensed open carry is better than no oc, however I am slightly disappointed.

  11. #11
    Regular Member pooley's Avatar
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    Quote Originally Posted by KD5WMX View Post
    So OC would still require a license making a CHL essentially a HL? Licensed open carry is better than no oc, however I am slightly disappointed.
    We can't submit our own bills, else it would be constitutional carry. This is the best bill we could get submitted, so that's what we have to work with.

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    Regular Member KD5WMX's Avatar
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    Quote Originally Posted by pooley View Post
    We can't submit our own bills, else it would be constitutional carry. This is the best bill we could get submitted, so that's what we have to work with.
    For the record I fully agree with you. Constitutional carry - as great as it would be - would be harder to pass, however some states have done it.

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    HB2756 is the Lone Star CDL's bill. It aint the same as I drafted it to be, but it is pretty close. The league Councile edited the draft in a manner to get it through the house.
    Yes, Constitutional Carry is what Texans deserve but we also have to get it passed.
    This bill is a step in the right directing.

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    Quote Originally Posted by KD5WMX View Post
    For the record I fully agree with you. Constitutional carry - as great as it would be - would be harder to pass, however some states have done it.
    We'll get it.

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    Quote Originally Posted by randian View Post
    Tight ass doesn't describe it. Florida OC is all but dead at this point, and so is campus carry since it was stupidly placed in the same bill.
    yOU MEAN LIKE THIS: http://en.wikipedia.org/wiki/Dewey_Defeats_Truman ??

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    Quote Originally Posted by randian View Post
    Tight ass doesn't describe it. Florida OC is all but dead at this point, and so is campus carry since it was stupidly placed in the same bill.
    Florida OC has passed out of the first committee as a clean licensed OC bill. I have faith in Texas.

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    Quote Originally Posted by Kingfish View Post
    Florida OC has passed out of the first committee as a clean licensed OC bill.
    That's good to hear. The politicians must have listened.

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    If you haven't already done so, it's worth your time to scan through all the bills that have been referred to the Homeland Security and Public Safety Committee (HB 2756 has not yet been referred).

    There are two or three good bills there. A couple more that are okay. And a bunch that are just frightening Orwellian nightmares.

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    Regular Member pooley's Avatar
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    Quote Originally Posted by KBCraig View Post
    If you haven't already done so, it's worth your time to scan through all the bills that have been referred to the Homeland Security and Public Safety Committee (HB 2756 has not yet been referred).

    There are two or three good bills there. A couple more that are okay. And a bunch that are just frightening Orwellian nightmares.
    Yep, very good advice.

    One thing that may make it easier...
    I've spent the first part of this session going through every bill/resolution that's been introduced. I'm currently tracking around 50 bills/resolutions for LSCDL that are either directly gun-related or would help restore power to the states that's been wrongfully hijacked via the Interstate Commerce Act. The Special Legislation Page at LSCDL has all these bills listed along with updates on their current status.

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    Regular Member rushcreek2's Avatar
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    The Texas CHl authorizes the licensee to carry a handgun on or about their person. Penal Code section 46.035 (a) establishes a criminal penalty if the Texas CHL licensee intentionally fails to conceal. Meanwhile, every hunter, fisherperson, traveler, AND HOLDER OF A RECOGNIZED OUT OF STATE HANDGUN PERMIT is not subject to this SAME ridiculous criminal sanction.

    According to the SCOTUS every person in Texas not otherwise prohibited from firearms possession has a fundamental substantive right (CIVIL RIGHT) to carry a handgun for personal protection in case of confrontation, SUBJECT ONLY TO REGULATION PERTAINING TO CONCEALMENT. The Texas law's ALLOWANCES for certain exceptions to its general handgun restriction [46.02(a)] which, as written, flagrantly violates the Second Amendment, amounts to a 9.9999 % recognition, if not RESPECT FOR the right to bear arms.

    Texas' handgun law - a stale 139 YEAR OLD left-over from the Reconstruction Era - kind of reminds me of a recently caught Catfish still struggling a bit come cleaning time - which HAS ARRIVED.

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    Quote Originally Posted by Fisherman View Post
    We'll get it.
    I sure do wish we would have try for constitutional carry after hearing about wyoming if this bill make it to perry desk would he be allow to change it to constitutional carry if he so desire

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    Regular Member pooley's Avatar
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    Quote Originally Posted by matt dillon View Post
    I sure do wish we would have try for constitutional carry after hearing about wyoming if this bill make it to perry desk would he be allow to change it to constitutional carry if he so desire
    The governor's only power is to veto a bill. He can't even do that if the bill received a 2/3 vote in both chambers.

  23. #23
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    When you step back a bit and survey the totality of law affecting the right to carry a handgun, the trend is towards recognition of constitutional carry. Yes, Texas has a "law" on the books known as Chapter 46 - Weapons under the TPC which includes among other brain-straining provisions - section 46.02 (a) specifically criminalizing the carry on or about the person of a handgun. This provision is clearly -as written - UNCONSTITUTIONAL.

    Assuming HB 2756 is enacted into law in 2011, WHO will not be able to carry a handgun openly, or concealed -subject only to private premises rights ? Texas residents, ineligible for, uninterested in, or unable to obtain a Texas CHL for statutory, financial, or personal reasons. Since roughly only 2 percent of Texans currently have obtained CHL's, there apparently isn't a great deal of interest in being armed among the general population of eligible citizenry. That's their prerogative, and RIGHT if they wish to remain unarmed.

    Of the not otherwise prohibited, or uninterested citizens who feel passionately, or strongly committed to assuming the responsibility of carrying a handgun to ensure the safety of themselves, and their family members - only a very few cannot- or will not. Most of the "incumbered" citizens COULD rearrange their financial priorities to reflect the value of their lives, OR pay that child-support that they owe to their children, pay their property taxes, and they can refrain from battering their spouses. I like grass in my lawn - some folks prefer rocks - whatever.

    I can accept a licensing requirement for the time being, if 99.999 % of those citizens who respect, appreciate , and value their RIGHT and need to arm themselves for safety in public - CAN DO SO. Considering this stage of the process as a "clinical trial", just as the CHL program passed 15 years back has served to "test" the efficacy of the right to carry AT ALL in Texas -progress is being made towards restoring respect for this RIGHT.

    I personally do not want to see a bunch of folks charging out into the public square attempting to force open carry into the private premises realm. That kind of activism is counter-productive- like seeing how low you can wear your britches before somebody can't stand it and reacts. Such activism will not facilitate the prospects for constitutional carry down the road. "Know when to hold - know when to fold." That's good poker strategy , as well as good political strategy.

    When this billpasses, I will OC when and where I think it is appropriate, and in a holster style that I feel is low-profile - or not -depending upon the circumstances. I have a fair selection of holsters, revolvers, pistols for almost every occassion. I prefer close-hugging holsters like my Safari Land retention paddle holster, Don Hume thumb-break , or Desantis IWB holsters because I can't stand "bumping" into door ways, door knobs, snagging display racks, or other people. That "appropriateness" may vary from one day to the next.

    I have lived on the cutting-edge of change most of my life. I have carried when the "law" supposedly said I couldn't. I have openly carried inspite of the "consensus" that it is illegal in Texas - which it isn't, other than the 46.035(a) provision which ofcourse applies to the CHL licensee. HB 2756, just like the CHL law will clear up most of the existing confusion.
    Last edited by rushcreek2; 03-15-2011 at 11:55 AM.

  24. #24
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    This Is Very Bad Advice

    Quote Originally Posted by rushcreek2 View Post
    The Texas CHl authorizes the licensee to carry a handgun on or about their person. Penal Code section 46.035 (a) establishes a criminal penalty if the Texas CHL licensee intentionally fails to conceal. Meanwhile, every hunter, fisherperson, traveler, AND HOLDER OF A RECOGNIZED OUT OF STATE HANDGUN PERMIT is not subject to this SAME ridiculous criminal sanction.

    According to the SCOTUS every person in Texas not otherwise prohibited from firearms possession has a fundamental substantive right (CIVIL RIGHT) to carry a handgun for personal protection in case of confrontation, SUBJECT ONLY TO REGULATION PERTAINING TO CONCEALMENT. The Texas law's ALLOWANCES for certain exceptions to its general handgun restriction [46.02(a)] which, as written, flagrantly violates the Second Amendment, amounts to a 9.9999 % recognition, if not RESPECT FOR the right to bear arms.

    Texas' handgun law - a stale 139 YEAR OLD left-over from the Reconstruction Era - kind of reminds me of a recently caught Catfish still struggling a bit come cleaning time - which HAS ARRIVED.
    TXPC 46.035(a) quoted below applies to carrying under "authority" of GC Subchapter H, Chapter 411. This includes HOLDERS OF A RECOGNIZED OUT OF STATE HANDGUN PERMIT. That's because that chapter is what grants reciprocity/recognition to other state's permits. So if you're using other state's permit as your authority to carry and openly carry, you are subject to prosecution for intentional failure to conceal.

    If you openly carry while fishing, you'd better be "handgun fishing" because in order to have the non-applicability of the law prohibiting ANY carry of a handgun (TXPC 46.02), you better be...

    "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"

    Arguments about applicability of SCOTUS Heller and McDonald are specious, because they have not yet been held to grant

    "fundamental substantive right (CIVIL RIGHT) to carry a handgun for personal protection in case of confrontation, SUBJECT ONLY TO REGULATION PERTAINING TO CONCEALMENT."

    Where did you get this? Not from the decisions, 'cause that's not in there.



    -----------------
    PC 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
    HOLDER. (a) A license holder commits an offense if the license
    holder carries a handgun on or about the license holder's person
    under the authority of Subchapter H, Chapter 411, Government Code,
    and intentionally fails to conceal the handgun.

  25. #25
    Regular Member rushcreek2's Avatar
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    Granted that this is a slight technicality, but the operative phrase is LICENSED under the authority of Subchapter H, Chapter 411.

    The holder of a permit or license issued under the authority of a jurisdiction other than the State of Texas may not have that authority suspended, or revoked by the State of Texas. They are likewise not restricted as to category of handgun they are licensed to carry unless the out of state licensing/permitting authority imposes such a requirement.

    The VALIDY of that jurisdiction's licenses or permits may be affected by Texas rescending RECOGNITION, if disciplinary action is not taken by the licensing /permitting authorityagainst the holder for violating the intent of 46.035 (a), and the spirit of the reciprocity agreement, but the penalty provision of 46.035 (a) is still only applicable to persons LICENSED UNDER SUBCHAPTER H, CHAPTER 411, OF THE GOVERNMENT CODE.

    Hopefully, this will soon be a non-issue. I don't offer this opinion in order to irritate CHL holders, but to argue one GOOD reason WHY 46.035 (a) needs to be repealed, and hopefully it soon will be.

    As for as your take on the Heller/McDonald decisions - Texas handgun law does not prohibit possession of handguns outside of the home, or even in the home as did both D.C., and Chicago ordinances. Therefore the affirmed right citied in support of the Heller/McDoanld decisions to carry in case of confrontation applies to outside of the home as well in Texas and does not require further SCOTUS affirmation.

    That's MY OPINION. Your welcome to have the last word on both issues. I'm blue in the face from debating the hypothetical ramnifications of Heller/McDonald, and the 46.035 (a) issue.
    Last edited by rushcreek2; 03-15-2011 at 09:55 PM.

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