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Question about Texas and opencarry

OldCurlyWolf

Regular Member
Joined
Sep 8, 2010
Messages
907
Location
Oklahoma
Any time, Jim :)

It's a matter of taking responsibility. After all, isn't sitting on the beach watching a man drown when you could save him just as much a murder as going out there & holding his head under the water?

Too many people sit and watch our liberties drown without taking action. Every single bill that could possibly affect me or anyone I know, I follow & ask all my friends/family/coworkers to call/email their rep/senator. I even provide phone numbers! Most of them do it too.

It isn't enough simply to vote for the lesser of two evils. We all have to make our voices heard at the capitol, both state and federal. Only a very minute fraction of voters actually take the time to contact their rep/senator. We all have the opportunity to be heard and if enough voices say the same thing, it can sometimes swing the few critical votes we need to pass good legislation or stop a bad bill in its track. All it takes is a quick little 2 minute phone call...

It all goes back to that "I'm just one voice, what possible difference could I make?" mentality. Yes, we are each just one voice. Collectively, the voice of the people is nothing more than the sum of all those individual voices. Tell your friends, tell your family, tell random people in the checkout line! We have to make the positive outweigh the negative.

EDIT: Sorry for my own little rant there. I'm still fuming about how a Republican majority legislature failed so completely this session...

That wasn't the majority problem. That was about 4 heads of committees and the speaker and the leader of the senate. Those morons need to be removed from politics. They should not even be elected dog-catcher if it was an elected position.

:mad:
 
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TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
Additional Inquiry

My father carries his handgun in his vehicle in a makeshift holster which is in the door pocket. Ex: Not concealed nor on his person.

This is perfectly fine in Michigan, what about Texas?
 

Jack House

Regular Member
Joined
Jun 12, 2010
Messages
2,611
Location
I80, USA
It must be concealed.

(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a
motor vehicle that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor
that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
 

SovereignAxe

Regular Member
Joined
Jul 29, 2011
Messages
791
Location
Elizabethton, TN
What's really sad about this whole arreste for printing thing is that it goes against the Texan value that everything's bigger in Texas. Yeah, everything except the guns.

If I carried in Texas I'd be carrying the smallest, most powerful gun I could. I'd probably end up with something like a Ruger LC9 or Walther PPS. I don't think I could bring myself to carry .380, but I'm sure most people would and probably do.
 

Jack House

Regular Member
Joined
Jun 12, 2010
Messages
2,611
Location
I80, USA
I carry my P99AS 9mm. Doesn't print. I carry in waistband and don't really wear tight fitted clothing. I also don't tuck my shirts in. I always wear jeans(or cargo pants), except when I go swimming. Jeans or cargo pants, boots and a t-shirt. Anything else is unacceptable. :p
 

SovereignAxe

Regular Member
Joined
Jul 29, 2011
Messages
791
Location
Elizabethton, TN
I carry my P99AS 9mm. Doesn't print. I carry in waistband and don't really wear tight fitted clothing. I also don't tuck my shirts in. I always wear jeans(or cargo pants), except when I go swimming. Jeans or cargo pants, boots and a t-shirt. Anything else is unacceptable. :p

I carry the exact same gun, IWB at about 4 o'clock. It usually doesn't print, but not all of my shirts are all that loose and I do a loose print sometimes-usually just the base of the grip, especially when bending over, kneeling or squatting. If I lived in Texas, I would not carry for fear of being arrested for printing. Which is ridiculous. How much of a threat to the public am I for printing?
 

Jack House

Regular Member
Joined
Jun 12, 2010
Messages
2,611
Location
I80, USA
I carry the exact same gun, IWB at about 4 o'clock. It usually doesn't print, but not all of my shirts are all that loose and I do a loose print sometimes-usually just the base of the grip, especially when bending over, kneeling or squatting. If I lived in Texas, I would not carry for fear of being arrested for printing. Which is ridiculous. How much of a threat to the public am I for printing?
One day I had gone to HEB to do a little shopping. I was in a hurry so I tossed my holster on outside the waistband. I was wearing a long tee and long button up (unbuttoned) over it, so I wasn't printing. On my way out, I saw a couple stuffed animals in the claw machine that I wanted to grab, so I did so. As I bent over to retrieve my prizes, my shirts some how found their up and over my gun, leaving it totally exposed. This was the middle exit door and there were customers and employees everywhere. No one said anything.


Posted using my HTC Evo
 

PracticalTactical

Regular Member
Joined
Feb 19, 2011
Messages
241
Location
Las Cruces, New Mexico
In the past I've carried a full size 1911 and now I carry a Springfield XDm 4.5".

It's not what you carry, but how you carry it and how you dress. If you refuse to make the necessary wardrobe changes, then yes, you are stuck with carrying a mouse gun.

If you let style trump safety, you'll be the most stylish guy or gal in the graveyard.
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
My #1 preferred method of carry in the hot months in Texas is my Glock 23 via a De Santis kydex IWB right hand @ 3: o'clock, with a black golf shirt casually drooped over same. Virtual invisibility combined with accessability. When I tire of the black golf shirt I alternate to other obscuring shades.

Perhaps an interesting note - only once has it been brought to my attention that my "gun was showing" in a Walmart - and that was in COLORADO - NOT TEXAS...............go figure............
 

Cowboy_Rick

Regular Member
Joined
Jul 7, 2008
Messages
233
Location
, ,
During the Summer Months, I carry a Springfield Micro-Compact in .45, during the Cold Winter Months I carry my Spirngfield 1911-A1 in .45, either way it is the definite stopper .45 Auto!
 

Aj Weaver

Regular Member
Joined
Mar 1, 2012
Messages
19
Location
Little Elm, Tx
My #1 preferred method of carry in the hot months in Texas is my Glock 23 via a De Santis kydex IWB right hand @ 3: o'clock, with a black golf shirt casually drooped over same. Virtual invisibility combined with accessability. When I tire of the black golf shirt I alternate to other obscuring shades.

Perhaps an interesting note - only once has it been brought to my attention that my "gun was showing" in a Walmart - and that was in COLORADO - NOT TEXAS...............go figure............

They shouldn't have said anything... I am (Texas) military member living in Colorado and I carry openly on a daily basis (The only restriction is in the city/county of Denver, where open carry is not allowed)
 

drjoker

Regular Member
Joined
Feb 7, 2009
Messages
24
Location
Houston, Texas, USA
welcome to Texas !

I see from the map "unpermitted open carry" is illegal in Texas. My question is, what if you have a Concealed Weapons Permit, then can you open carry?

Here's the deal: my father is a "Winter Texan" (stays in Harlingen). He WILL have a Michigan CPL (Concealed Weapons Permit) by the time he goes to Texas next.

What's his restrictions as far as concealed carry and open carry?

If Open Carry is still restricted/prohibited, what about printing? What about slight printing? (ex: OWB Padle Holster with a loose shirt over it where you might get a hint of a gun)

What about car carry?

Any help you can give me I'd appreciate and will pass on to my father.

Open carry is illegal in Texas with ONE exception (in public), hunting. If you are hunting, you may open carry a gun appropriate for hunting. That means a revolver. A 1911 or Glock won't pass as a hunting gun. You may open carry in your car on your way to a hunt. You may open carry during a hunt and on your way back, BUT if you open carry a Wal-Mart, then you're going to jail.

You are not allowed to print. Conceal it. If you print, then you're depending on the mood of the cops. You may be arrested on "intentional" failure to conceal. Since nobody can read your mind if you "intended" to do something, then this legal language simply means you may be arrested if the cop is in a bad mood.

For concealed carry, you may carry anywhere there is not a "30.06 sign" that says, "per section 30.06... blah blah blah, handguns are prohibited." You may carry anywhere there is no sign that says this, federal laws permitting. You also may not carry in a bar, which is designated with a red sign that says, "51%, blah blah blah weapons prohibited." Other than that, you may carry away, even at a police station, at the capitol building, etc. No court nor prison gun carry, or federally banned places such as schools and post office, though.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
Open carry is illegal in Texas with ONE exception (in public), hunting. If you are hunting, you may open carry a gun appropriate for hunting. That means a revolver. A 1911 or Glock won't pass as a hunting gun.

You are not allowed to print.
Everything I quoted above is incorrect.

http://forum.opencarry.org/forums/misc.php?do=showrules

(5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
 

thebigsd

Founder's Club Member
Joined
Mar 23, 2010
Messages
3,535
Location
Quarryville, PA
Everything I quoted above is incorrect.

http://forum.opencarry.org/forums/misc.php?do=showrules

(5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.

While I believe you, wouldn't it also be helpful to provide the correct information and cite that?
 
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Jack House

Regular Member
Joined
Jun 12, 2010
Messages
2,611
Location
I80, USA
While I believe you, wouldn't it also be helpful to provide the correct information and cite that?


PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water;

(PC §46.15) SECTION 2.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state
military forces as defined by Section 431.001, Government Code, or as a guard
employed by a penal institution;
(2) is on the person's own premises or premises under the person's control unless the person
is an employee or agent of the owner of the premises and the person's primary
responsibility is to act in the capacity of a security guard to protect persons or property,
in which event the person must comply with Subdivision (5);
(3) is traveling;
(4) [is 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
 
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BaldnBlk

Regular Member
Joined
Mar 8, 2012
Messages
13
Location
Las Vegas
Shocker...

Yes, it was a rather large shock to me as a Texas native as well. You grow up thinking this is just the way it is, then you see how other states handle it & think to yourself "Wow, why isn't TX like that?"
I was born and raised in North Texas but live in Vegas now. I'm headed back to visit but never knew open carry would be a problem. I'm only guessing what printing means but should I pack over sized sweatshirts?
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
I was born and raised in North Texas but live in Vegas now. I'm headed back to visit but never knew open carry would be a problem. I'm only guessing what printing means but should I pack over sized sweatshirts?

If you like to sweat perhaps. Personally I wear those 100 percent polyester "ventilated" golf shirts whenever I'm in Texas. I over-hang the shirt, and if need be tuck it in a bit over a Glock 23 holstered in a De Santis IWB . No "printing", or display. Bigger guns= bigger challenges I suspect. Probably a sub-compact is best for Texas carry.

As for the "traveling" question - If you are in route from Vegas to a distination in Texas - you are "traveling" once you enter Texas , and continue to be in transit/forward motion in the direction of your destination. When you are in fact "traveling" your carry condition is EXCEPTED from Section 46.02 -period. That law does not apply when "traveling". Problem is most LEO's probably don't understand that legal fact. When within the jurisdiction of urban areas like Dallas/ Ft Worth, Houston, San Antonio, Beaumont, maybe Corpus Christi I would recommend full concealment even if technically "traveling".

Stops along the way such as dinners, fast-food stops, gas stations, rest area stops are generally considered to be a "temporary suspension" of travel for necessary reasons incidental to the journey. I would be cautious about any "temporary suspension" of travel involving actually entering someone else's premises. This is particularly important if a business is licensed to sell alcoholic beverages.

When in Texas my "traveling" posture is low-profile. I readily display when fueling at the pump, or entering MY motel room upon arrival, or when loading up the vehicle upon check-out. Moosani v Texas (Google it) is an interesting read on this "traveling " question, and an excellent example of a Texas court trying to grapple with the issue.

If you were raised in Texas - I suspect you understand the diverse cultural divide between West Texas, South Texas, Central Texas, East Texas, and the Coastal Plain.
 
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