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Thread: Texas Open Carry HB 2756

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    Texas Open Carry HB 2756

    I've been looking on the Texas Legislature website at the bill stages for almost a month now and seen no changes. My question is what is taking so long? I understand the bill didn't make it to the House on time, but something tells me it hasn't failed yet.

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    From what I can tell it's passing the House now with a 5 to 3 vote.

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    Quote Originally Posted by darylendicott View Post
    From what I can tell it's passing the House now with a 5 to 3 vote.
    That was the committee vote. The bill itself came out of committee too late for s vote, but there's talk about possibly adding it to another bill as an amendment.

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    Quote Originally Posted by pooley View Post
    That was the committee vote. The bill itself came out of committee too late for s vote, but there's talk about possibly adding it to another bill as an amendment.
    The problem there is that all the germane bills are also getting hung up.

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    Didn't Texas have oced at one time.

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    Regular Member pooley's Avatar
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    Quote Originally Posted by onestar 50 View Post
    Didn't Texas have oced at one time.
    We did in the 1850's

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    Regular Member onestar 50's Avatar
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    Wasn't there oced when that pickup truck went through the window in that cafe and kill all them people.

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    Quote Originally Posted by onestar 50 View Post
    Wasn't there oced when that pickup truck went through the window in that cafe and kill all them people.
    No, not at all.
    Texas has always had Constitutional Carry for rifles, but if you do you will go to jail.
    The Texas Rifle Association has never even made an attempt to fix what their suppose to protect!

    Carry a rifle in Texas while in public and go to jail>>>>>>
    (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;


    And to address the "Luby's" issue your talking about, you couldnt even carry a handgun inside your car back in those days! You had to be traveling, but people still got arrested for it! I think it was 2007 when the motorist protection act changed that law.
    Texans couldnt "legally" carry until Janurary of 1996 when the CHL went into affect. " All because of the hard work Suzanna Hupp gave us". It was Suzanna who lost her parents on that day at Luby's.
    Last edited by MR Redenck; 05-22-2011 at 10:50 PM.

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    Quote Originally Posted by onestar 50 View Post
    Wasn't there oced when that pickup truck went through the window in that cafe and kill all them people.
    If you are referring to Luby's Restaurant then no. At that time even those with concealed permits could not carry into such establishment and Texas did not have legal OC and does not still.


    After watching both of her parents get killed and without the handgun that was in her car, Suzanna Gratia Hupp help change the concealed aspect of that by testifying and running for office, being elected.
    http://en.wikipedia.org/wiki/Luby%27s_massacre

    http://www.youtube.com/watch?v=jTainp2cY_w
    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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    Grapeshot, we didnt even have concealed carry in those days. No handgun carry at all.
    Suzanna led the campaign to pursue the CHL in Texas. She got it passed the first go around, but Libtard Democrat Ann Richards wouldnt sign it into law. Two years later, Suzanna went for it again, and George W. Bush signed Concealed Carry into law. "GW said, I trust my fellow Texans" as he signed the bill.

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    Open Carry Rifle

    Quote Originally Posted by MR Redenck View Post
    No, not at all.
    Texas has always had Constitutional Carry for rifles, but if you do you will go to jail.
    The Texas Rifle Association has never even made an attempt to fix what their suppose to protect!

    Carry a rifle in Texas while in public and go to jail>>>>>>
    (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
    ...
    .
    Cite please? Of someone getting arrested for peaceably carrying a rifle down the street... or while hunting, or from car to home, etc.

    Also, isn't discussion of open carry rifles against the rules of this board? Thought I saw that over on the Virgina thread...




    --Moderator Statement--

    The mere mention of long gun carry is not forbidden by rules.
    It is the advocating/promoting of such that is restricted - threads devoted to long gun carry and such will be deleted or locked.

    However, understand that without rules, there can be no exceptions and Mike and John as owners of the site will determine what exceptions are allowable. If you get warned or have a post deleted on the subject take heed - OCDO is private property and we are all guests here.

    Point of fact the General Discussion forum is for RKBA things that are not specific to OC of handguns and the Social Lounge is available for thing normally considered OT on the other forums.

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    Quote Originally Posted by ScottDLS View Post
    Cite please? Of someone getting arrested for peaceably carrying a rifle down the street... or while hunting, or from car to home, etc.

    Also, isn't discussion of open carry rifles against the rules of this board? Thought I saw that over on the Virgina thread...




    --Moderator Statement--

    The mere mention of long gun carry is not forbidden by rules.
    It is the advocating/promoting of such that is restricted - threads devoted to long gun carry and such will be deleted or locked.

    However, understand that without rules, there can be no exceptions and Mike and John as owners of the site will determine what exceptions are allowable. If you get warned or have a post deleted on the subject take heed - OCDO is private property and we are all guests here.

    Point of fact the General Discussion forum is for RKBA things that are not specific to OC of handguns and the Social Lounge is available for thing normally considered OT on the other forums.
    Go to your CHL " Elitist " forum and get your answers. Im not wasting any of my time arguing with a cotton ball.

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    Quote Originally Posted by Grapeshot View Post
    If you are referring to Luby's Restaurant then no. At that time even those with concealed permits could not carry into such establishment and Texas did not have legal OC and does not still.


    After watching both of her parents get killed and without the handgun that was in her car, Suzanna Gratia Hupp help change the concealed aspect of that by testifying and running for office, being elected.
    http://en.wikipedia.org/wiki/Luby%27s_massacre

    http://www.youtube.com/watch?v=jTainp2cY_w
    Hey Grape, I sent you a PM with a news article of a man getting arrested for carry a "unloaded" rifle in Texas. Your going to like this, his son is a DPS officer. Ha
    Last edited by MR Redenck; 05-23-2011 at 10:50 AM.

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    Quote Originally Posted by MR Redenck View Post
    Hey Grape, I sent you a PM with a news article of a man getting arrested for carry a "unloaded" rifle in Texas. Your going to like this, his son is a DPS officer. Ha
    can I get that link as well, please?

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    OCR (Open Carry Rifle)

    Quote Originally Posted by ScottDLS View Post
    Cite please? Of someone getting arrested for peaceably carrying a rifle down the street... or while hunting, or from car to home, etc.

    Also, isn't discussion of open carry rifles against the rules of this board? Thought I saw that over on the Virgina thread...




    --Moderator Statement--

    The mere mention of long gun carry is not forbidden by rules.
    It is the advocating/promoting of such that is restricted - threads devoted to long gun carry and such will be deleted or locked.

    However, understand that without rules, there can be no exceptions and Mike and John as owners of the site will determine what exceptions are allowable. If you get warned or have a post deleted on the subject take heed - OCDO is private property and we are all guests here.

    Point of fact the General Discussion forum is for RKBA things that are not specific to OC of handguns and the Social Lounge is available for thing normally considered OT on the other forums.
    I guess I didn't make sufficient or clear use of the available emoticons to indicate my sarcasm... What about the Texas thread arguing the ins and outs of Maryland wiretap laws....??

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    Quote Originally Posted by ScottDLS View Post
    I guess I didn't make sufficient or clear use of the available emoticons to indicate my sarcasm... What about the Texas thread arguing the ins and outs of Maryland wiretap laws....??
    What thread might that be?
    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 DKSuddeth View Post
    can I get that link as well, please?
    Me too! Sounds like an interesting read!

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    Regular Member rushcreek2's Avatar
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    Article 1, Section 23 [Texas Declaration of RESERVED rights] makes NO DISTINCTION between RIFLES, SHOTGUNS, HANDGUNS, BOWIE KNIVES, or CLUBS. The Texas Constitution makes only TWO DISTINCTIONS regarding the right to BEAR ARMS.

    1) Every citizen shall have the right to keep and BEAR ARMS in LAWFUL defense, BUT-

    2) the Legislatute shall have power, by law, to regulate THE WEARING OF ARMS , with a view TO PREVENT CRIME. This pertains to the CONCEALMENT of ARMS ONLY.

    That is what Texas CONSTITUTIONAL LAW says regarding the right to keep & bear arms.

    Article 1, Section 23 -(the operative , or perhaps more acurately stated - the DECLARATORY clause)- the RIGHT TO BEAR ARMS
    (1) Applies to rifles, shotguns, handguns, Bowie Knives, switchblades, ice picks, butcher knives, and clubs - but is not limited to those arms

    Article 1, Section 23 ( provisional clause)- THE WEARING OF ARMS
    (2) Applies ONLY TO THE CONCEALMENT OF ARMS FOR CRIMINAL PURPOSE & INTENT.

    Now you can counter with what Section 46.02(a) says, and what Section 46.035(a) says, and what some D.A. says, or some judge said - BUT that cites statutes, and case law. ALL statutes are presumed to be CONSTITUTIONAL, and the courts have the obligation to defer to the Constitution in all cases. Therefore Section 46.02 (a) DOES NOT APPLY TO THE BEARING OF ARMS IN LAWFUL DEFENSE. Section 46.035(a) [failure by CHL holder to conceal handgun] DOES NOT APPLY TO THE BEARING OF ARMS IN LAWFUL DEFENSE.

    Those provisions of Texas law address CRIMINAL PURPOSE & INTENT.

    Before the sputtering, and stammering begins - ponder for just a moment this question - WHICH LAW is supreme-the Texas Constitution, or the Penal Code. If there is any conflict between the two - which trumps ?

    If you standby and allow any public servant to effectively deny your constitutionally declared rights - YOU are the ONE RELINQUISHING THOSE RIGHTS.

    Free people do not seek the permission of their respective governments to exercise rights that they already have, and have been LEGALLY declared to be INVIOLATE and EXCEPTED FROM THE POWERS OF STATE GOVERNMENT.

    I know - Yeah, BUT - Yeah, BUT...... suit yourselves folks.

    You are going to have to reclaim those confiscated rights - by ASSERTING THEM, and being prepared to defend them in a courtroom if need be.
    ____________________________

    www.lonestarcdl.org is about reclamation of confiscated rights, and we are fixin' to get busy.

    It is time for every citizen who cherishes the right to bear arms to "FIRE A SHOT ACROSS THE BOW" of their corrupt legislators, Governor, and judges. None of them will voluntarily restore YOUR RIGHTS.

    YOU WILL HAVE TO RECLAIM THEM - OR gradually loose them all together.
    Last edited by rushcreek2; 05-24-2011 at 09:57 PM.

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    Quote Originally Posted by rushcreek2 View Post
    Article 1, Section 23 [Texas Declaration of RESERVED rights] makes NO DISTINCTION between RIFLES, SHOTGUNS, HANDGUNS, BOWIE KNIVES, or CLUBS. The Texas Constitution makes only TWO DISTINCTIONS regarding the right to BEAR ARMS.

    1) Every citizen shall have the right to keep and BEAR ARMS in LAWFUL defense, BUT-

    2) the Legislatute shall have power, by law, to regulate THE WEARING OF ARMS , with a view TO PREVENT CRIME. This pertains to the CONCEALMENT of ARMS ONLY.

    That is what Texas CONSTITUTIONAL LAW says regarding the right to keep & bear arms.

    Article 1, Section 23 -(operative clause)- the RIGHT TO BEAR ARMS
    (1) Applies to rifles, shotguns, handguns, Bowie Knives, switchblades, ice picks, butcher knives, and clubs - but is not limited to those arms

    Article 1, Section 23 ( provisional clause)- THE WEARING OF ARMS
    (2) Applies ONLY TO THE CONCEALMENT OF ARMS FOR CRIMINAL PURPOSE & INTENT.

    Now you can counter with what Section 46.02(a) says, and what Section 46.035(a) says, and what some D.A. says, or some judge said - BUT that cites statutes, and case law. ALL statutes are presumed to be CONSTITUTIONAL, and the courts have the obligation to defer to the Constitution in all cases. Therefore Section 46.02 (a) DOES NOT APPLY TO THE BEARING OF ARMS IN LAWFUL DEFENSE. Section 46.035(a) [failure by CHL holder to conceal handgun] DOES NOT APPLY TO THE BEARING OF ARMS IN LAWFUL DEFENSE.

    Those provisions of Texas law address CRIMINAL PURPOSE & INTENT.

    Before the sputtering, and stammering begins - ponder for just a moment this question - WHICH LAW is supreme-the Texas Constitution, or the Penal Code. If there is any conflict between the two - which trumps ?

    If you standby and allow any public servant to effectively deny your constitutionally declared rights - YOU are the ONE RELINQUISHING THOSE RIGHTS.

    Free people do not seek the permission of their respective governments to exercise rights that they already have, and have been LEGALLY declared to be INVIOLATE and EXCEPTED FROM THE POWERS OF STATE GOVERNMENT.

    I know - Yeah, BUT - Yeah, BUT...... suit yourselves folks.

    You are going to have to reclaim those confiscated rights - by ASSERTING THEM, and being prepared to defend them in a courtroom if need be.
    ____________________________

    www.lonestarcdl.org is about reclamation of confiscated rights, and we are fixin' to get busy.

    It is time for every citizen who cherished the right to bear arms to "FIRE A SHOT ACROSS THE BOW" of their corrupt legislators, Governor, and judges. None of them will voluntarily restore YOUR RIGHTS.

    YOU WILL HAVE TO RECLAIM THEM - OR gradually loose them completely.
    Yep - we just need a volunteer with deep pockets to step forward and carry this through the courts.

    Absenting that perhaps the legislative process makes a lot of sense.
    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.

  21. #21
    Regular Member rushcreek2's Avatar
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    The Texas legislative process has had 135 years since 1876 to rectify this situation.

    Texas doesn't need ONE "deep pocketed" citizen to ramrod this issue. Texas needs about 20,000 "every citizens" to say they've had enough of having their constitution being discounted, and subordinated through the misapplication of statutory laws, and their rights ignored, disrespected and suppressed by the State government.

    Education is the key . If Texans keep asking their lame legislature to "restore" rights that have been unlawfully suppressed despite the fact that they are affirmed under the Texas Constitution - what message is that sending the State government ?

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    Quote Originally Posted by rushcreek2 View Post
    Article 1, Section 23 [Texas Declaration of RESERVED rights] makes NO DISTINCTION between RIFLES, SHOTGUNS, HANDGUNS, BOWIE KNIVES, or CLUBS. The Texas Constitution makes only TWO DISTINCTIONS regarding the right to BEAR ARMS.

    1) Every citizen shall have the right to keep and BEAR ARMS in LAWFUL defense, BUT-

    2) the Legislatute shall have power, by law, to regulate THE WEARING OF ARMS , with a view TO PREVENT CRIME. This pertains to the CONCEALMENT of ARMS ONLY.

    That is what Texas CONSTITUTIONAL LAW says regarding the right to keep & bear arms.

    Article 1, Section 23 -(the operative , or perhaps more acurately stated - the DECLARATORY clause)- the RIGHT TO BEAR ARMS
    (1) Applies to rifles, shotguns, handguns, Bowie Knives, switchblades, ice picks, butcher knives, and clubs - but is not limited to those arms

    Article 1, Section 23 ( provisional clause)- THE WEARING OF ARMS
    (2) Applies ONLY TO THE CONCEALMENT OF ARMS FOR CRIMINAL PURPOSE & INTENT.

    Now you can counter with what Section 46.02(a) says, and what Section 46.035(a) says, and what some D.A. says, or some judge said - BUT that cites statutes, and case law. ALL statutes are presumed to be CONSTITUTIONAL, and the courts have the obligation to defer to the Constitution in all cases. Therefore Section 46.02 (a) DOES NOT APPLY TO THE BEARING OF ARMS IN LAWFUL DEFENSE. Section 46.035(a) [failure by CHL holder to conceal handgun] DOES NOT APPLY TO THE BEARING OF ARMS IN LAWFUL DEFENSE.

    Those provisions of Texas law address CRIMINAL PURPOSE & INTENT.

    Before the sputtering, and stammering begins - ponder for just a moment this question - WHICH LAW is supreme-the Texas Constitution, or the Penal Code. If there is any conflict between the two - which trumps ?

    If you standby and allow any public servant to effectively deny your constitutionally declared rights - YOU are the ONE RELINQUISHING THOSE RIGHTS.

    Free people do not seek the permission of their respective governments to exercise rights that they already have, and have been LEGALLY declared to be INVIOLATE and EXCEPTED FROM THE POWERS OF STATE GOVERNMENT.

    I know - Yeah, BUT - Yeah, BUT...... suit yourselves folks.

    You are going to have to reclaim those confiscated rights - by ASSERTING THEM, and being prepared to defend them in a courtroom if need be.
    ____________________________

    www.lonestarcdl.org is about reclamation of confiscated rights, and we are fixin' to get busy.

    It is time for every citizen who cherishes the right to bear arms to "FIRE A SHOT ACROSS THE BOW" of their corrupt legislators, Governor, and judges. None of them will voluntarily restore YOUR RIGHTS.

    YOU WILL HAVE TO RECLAIM THEM - OR gradually loose them all together.

    Thanks!! I like it and I now Understand. I will always wear my firearm now when I go to my Texas Home, all around town and everywhere. Just like in Virginia. I will report on how it goes.

    LIVE FREE OR DIE.
    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

    Free Flight

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    Quote Originally Posted by Freeflight View Post
    Thanks!! I like it and I now Understand. I will always wear my firearm now when I go to my Texas Home, all around town and everywhere. Just like in Virginia. I will report on how it goes.

    LIVE FREE OR DIE.
    I've been doing this for a while now. The only people who have said anything, asked if it was legal and I explained to them why it was but wasn't legal but i refuse to let my rights be taken. I have yet to have someone call the police or give dirty looks. Ya'll get ready to put togeather my legal defence fund

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    Quote Originally Posted by mustangkiller View Post
    I've been doing this for a while now. The only people who have said anything, asked if it was legal and I explained to them why it was but wasn't legal but i refuse to let my rights be taken. I have yet to have someone call the police or give dirty looks. Ya'll get ready to put togeather my legal defence fund
    Problem is that OCDO advocates for the law abiding (referring to statute law) not for those that intentionally break the law.

    (15) WE ADVOCATE FOR THE 'LAW-ABIDING' ONLY: Posts advocating illegal acts of any kind are NOT welcome here. Even if you feel that a law is unconstitutional we do not break it, we repeal it or defeat it in the courts.

    Emotionally, I understand your frustration; however, you risk a lot. Your RKBA and very freedom could be at risk even if you were to generate large backing. That is not at what the courts will look.
    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
    Yep - we just need a volunteer with deep pockets to step forward and carry this through the courts.

    Absenting that perhaps the legislative process makes a lot of sense.
    Contact SAF about taking this issue to the courts. They have the money and the expertise. They will have a good idea if it's possible and more importantly, how and WHEN it should be attempted. I think it's doubtful the legislature will ever pass it and even if it did, and although Perry said he wasn't against it, I doubt he'd sign it.

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