Iowan Open Carry In Texas

[Tucker6900]

Ok. I have read through the available material here regarding Open Carry in Texas with an Iowa Permit to Carry.

I understand that the law was changed some time ago to allow Iowans, among others, to carry in Texas. However, I am confused and am looking for clarification.

I know my Iowa permit is good. I know I can concealed carry. But my research has yielded differing advice on open carry.

So, can I legally open carry a pistol in Texas with my Iowa Permit? I would appreciate the Texas code number where I can find that exact information. Thanks in advanced.

 

[Ghost1958]

I have family that lives in various parts of Texas.
Yes OC is legal there but Texans still get hassled regularly by cops who don't like it.

If I lived there I'd OC just on principle.

But just visiting my advice would be to just CC while there and avoid the mess.
Texas simply isnt a very gun friendly state as is thought.

 

[Tucker6900]

I have family that lives in various parts of Texas.
Yes OC is legal there but Texans still get hassled regularly by cops who don't like it.

If I lived there I'd OC just on principle.

But just visiting my advice would be to just CC while there and avoid the mess.
Texas simply isnt a very gun friendly state as is thought.

Thanks, Friend.

I have seen some of the videos of Texans dealing with the cops. IMHO, it seems, like some other states, some police believe they should be the only ones with the guns.

Thanks again.

 

[solus]

Ok. I have read through the available material here regarding Open Carry in Texas with an Iowa Permit to Carry.

I understand that the law was changed some time ago to allow Iowans, among others, to carry in Texas. However, I am confused and am looking for clarification.

I know my Iowa permit is good. I know I can concealed carry. But my research has yielded differing advice on open carry.

So, can I legally open carry a pistol in Texas with my Iowa Permit? I would appreciate the Texas code number where I can find that exact information. Thanks in advanced.

yes, BUT statute, as discussed numerous times out here allows the nice LEs Peace Officers to stop you as well demand your CC privilege document to OC a firearm...
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license. https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm#411.205

second 46.035(a) quote

(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,   1 and intentionally displays the handgun in plain view of another person in a public place.  It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder. unquote

Texas Penal Code - PENAL § 46.035 | FindLaw

Texas Penal Code PENAL TX PENAL Section 46.035. Read the code on FindLaw

codes.findlaw.com

handgunlaw.us is your friend!

bath room reading material ~ https://www.dps.texas.gov/InternetForms/Forms/LTC-16.pdf

 

[cloudcroft]

"If I lived there I'd OC just on principle." -- Ghost

I DO OC here since I got back here (El Paso, TX) in late 2016 -- and at least partly "on principle." ;-)
So far no issues, with the general public or the many cops I've encountered while OCing (even in Walmarts earlier). But I suppose there might be SOME cops in ELP who'd give me grief if I ran onto them (glad I haven't).
Since that Walmart shooting here some months ago though, I do not anymore OC in Walmarts or local supermarkets (as per their "request") so I temporarily CC in them instead....until I'm back outside and then immediately switch to OCing.
Still, am moving back to CO in September (2020)...will continue my OCing up there (as I did earlier). I'm sure Beto O'Rourke will be glad to see one of "my kind" leave his beloved city. ;-)
BTW, I agree TX is not as "pro-gun" as many people think. Its lame LTC permit (required for both OC and CC) is one example, while "blue" state NM allows "free" OC (no permit required). So does "purple" state CO.
Just not "The Great State of Texas," supposedly a "red" state. Sad...
-- C

 

[Tucker6900]

"If I lived there I'd OC just on principle." -- Ghost

I DO OC here since I got back here (El Paso, TX) in late 2016 -- and at least partly "on principle." ;-)
So far no issues, with the general public or the many cops I've encountered while OCing (even in Walmarts earlier). But I suppose there might be SOME cops in ELP who'd give me grief if I ran onto them (glad I haven't).
Since that Walmart shooting here some months ago though, I do not anymore OC in Walmarts or local supermarkets (as per their "request") so I temporarily CC in them instead....until I'm back outside and then immediately switch to OCing.
Still, am moving back to CO in September (2020)...will continue my OCing up there (as I did earlier).
I'm sure Beto O'Rourke will be glad to see one of "my kind" leave his beloved city. ;-)
BTW, I agree TX is not as "pro-gun" as many people think. Its lame LTC permit (required for both OC and CC) is one example, while "blue" state NM allows "free" OC (no permit required). So does "purple" state CO.
Just not "The Great State of Texas," supposedly a "red" state. Sad...
-- C

That's good to know. I know that not all LEOs hate our guns, but it appears to be getting worse, IMO.

Iowa is currently working to expand our "rights" by allowing lawfully owned and carried firearms in vehicles on school property, and in the parking lot of your place of employment in your personal vehicle. Of course, there are groups out there who want to simply blame an inanimate object for the trouble and are fighting to prevent the bills passage, but I think in the end the government will give us more freedom...

 

[color of law]

In State v. Chandler, 5 La. Ann. 489, 490 (1850), the Louisiana Supreme Court held that citizens had a right to carry arms openly: “This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations.”

Constitution of Texas (1845)
SEC. 13. Every citizen shall have the right to keep and bear arms in the lawful defence of himself of the State. (This section was adopted from the Louisiana Constitution.)

Federal 13 Amendment (December 6, 1865)

Constitution of Texas (March 29, 1866)
SEC. 13. Every citizen shall have the right to keep and bear arms, in the lawful defence of himself or the State.

Federal 14 Amendment (July 9, 1868)

Constitution of Texas (July 5, 1869)
SECTION XIII. Every person shall have the right to keep and bear arms, in the lawful defence of himself or the State, under such regulations as the Legislature may prescribe.

Constitution of Texas (1876)
SEC. 23. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power by law to regulate the wearing of arms with a view to prevent crime.

In 2010 the United States Supreme Court in McDonald v. Chicago, 561 U.S. 742, declared “We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller.”

The McDonald case voided the “but the Legislature shall have power by law to regulate the wearing of arms with a view to prevent crime.” in the Texas constitution because it goes beyond the federal constitution, “the right of the People to keep and bear arms, shall not be infringed.”

 

[OC for ME]

That's good to know. I know that not all LEOs hate our guns, but it appears to be getting worse, IMO.

Iowa is currently working to expand our "rights" by allowing lawfully owned and carried firearms in vehicles on school property, and in the parking lot of your place of employment in your personal vehicle. Of course, there are groups out there who want to simply blame an inanimate object for the trouble and are fighting to prevent the bills passage, but I think in the end the government will give restore us more our freedom...

Minor corrections...

 

[OC for ME]

When a cop must choose between his paycheck and our inalienable rights, the cop will choose his paycheck every time.

 

[KBCraig]

When a cop must choose between his paycheck and our inalienable rights, the cop will choose his paycheck every time.

I know of a few exceptions, but they're so rare as to be statistically insignificant.

 

[Tucker6900]

Minor corrections...

Sorry...Should have used my sarcastic voice, as it was meant to be.

 

[Tucker6900]

When a cop must choose between his paycheck and our inalienable rights, the cop will choose his paycheck every time.

Agreed. There are some out there who I feel truly want to honor their oath. However, I can only imagine the amount of peer pressure there must be to simply fall in line with the bad apples.

 

[cloudcroft]

Agreed. There are some out there who I feel truly want to honor their oath. However, I can only imagine the amount of peer pressure there must be to simply fall in line with the bad apples.

I all fairness, they're also probably thinking "How do I pay my bills/mortgage/feed my family if I get fired for insubordination (not obeying a direct order)?"
They're put between a rock & and hard place, yes?
It would take some pretty strong-minded/principled LEOs (or military) to "en masse" refuse to obey unconstitutional orders. I don't thnk there are that many who would, and the same goes for us gun-owner/carriers as well. For those who are single/no family it may be easier to do, but even so it'd take a stronger individual than most.

 

[OC for ME]

I all fairness, they're also probably thinking "How do I pay my bills/mortgage/feed my family if I get fired for insubordination (not obeying a direct order)?"
They're put between a rock & and hard place, yes?
It would take some pretty strong-minded/principled LEOs (or military) to "en masse" refuse to obey unconstitutional orders. I don't thnk there are that many who would, and the same goes for us gun-owner/carriers as well. For those who are single/no family it may be easier to do, but even so it'd take a stronger individual than most.

Exactly...except for the "How do I pay my bills/mortgage/feed my family if I get fired for insubordination (not obeying a direct order)?" part...I do not think that cops have this in the forefront of their mind...when they infringe upon our rights...after they get gigged for violating our rights is when they start thinking about their screw-up and their primary source of income for they and their family...this is when all cops become "bad"...blue wall of defiance...

 

[color of law]

Exactly...except for the "How do I pay my bills/mortgage/feed my family if I get fired for insubordination (not obeying a direct order)?" part...I do not think that cops have this in the forefront of their mind...when they infringe upon our rights...after they get gigged for violating our rights is when they start thinking about their screw-up and their primary source of income for they and their family...this is when all cops become "bad"...blue wall of defiance...

The attitude is set by leadership. Where I live the police department operates by the book. They are taught from the very beginning that they are the ambassadors or faces of the township. We also have residents that will hold their feet to the fire. Now for the trustees, that is another story.

 

[Tucker6900]

Exactly...except for the "How do I pay my bills/mortgage/feed my family if I get fired for insubordination (not obeying a direct order)?" part...I do not think that cops have this in the forefront of their mind...when they infringe upon our rights...after they get gigged for violating our rights is when they start thinking about their screw-up and their primary source of income for they and their family...this is when all cops become "bad"...blue wall of defiance...

+1
I believe their thought process is that they will be backed by their brass as long as they can provide them with a "reasonable" excuse as to why they did what they did. Of course, we also deal with Qualified Immunity, which the courts use quite often to defend police officers.

The attitude is set by leadership. Where I live the police department operates by the book. They are taught from the very beginning that they are the ambassadors or faces of the township. We also have residents that will hold their feet to the fire. Now for the trustees, that is another story.

I agree. The Sheriff in our county has a firm grasp on the attitudes of his deputies. However, in my opinion, the bigger the department, the less effect the leader's attitude has on individual officers.