qednick
Regular Member
I got a PM about the trifold so just to avoid confusion, the latest (final) version is the one attached in Post #1 of this thread.
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Texas Open Carry Info Trifold/Brochure
- Thread starter qednick
- Start date
dmatting
Regular Member
So, I currently live in NC and enjoy OCing throughout this state and VA without a license. I will very likely be moving to TX (Austin area) before the end of the year. Is the info in the trifold still valid? Has anything changed since 2016?
It looks like I'll have to take a class and ask the gov't for permission to carry...
It looks like I'll have to take a class and ask the gov't for permission to carry...
color of law
Accomplished Advocate
First off, Texas is NOT the premier Second Amendment state it claims to be. There are a lot of restrictions.
Have a read: https://handgunlaw.us/states/texas.pdf
Facebook does have have an open carry group. You have to join and it's called "Open Carry Texas."
MarlinPibly
New member
- Joined
- Feb 20, 2021
- Messages
- 3
we're lucky having clicked on the web page, it's exactly what my friend and I have been hoping for. The detailed information on this website is very helpful and is going to assist my friends and I all the time. It appears as if everyone gained a lot of specifics concerning subjects on the site and the other hyper links and information really show it. I am not on the internet all of the time however when I get a break im usually scouring for this type of factual information or others closely having to do with it. I have two of my friends that have also assumed an interest in this because of what I have found out about it and they will definitely to be visiting this web site because it's such an work changing treasure. I'm also interested in government issues and coping with the constant changes in elections. When you get a chance, have a look at my site. Seattle Photographer
color of law
Accomplished Advocate
Reported
dmatting
Regular Member
Looks like you may have to update your flyer soon!
I'm in Texas now - have not applied for any permits yet and feel odd not carrying daily - but if the new law passes, I'm carrying on Day 1!
I'm in Texas now - have not applied for any permits yet and feel odd not carrying daily - but if the new law passes, I'm carrying on Day 1!
Sorry you left the tarheel state....
handgunlaw.us is your friend...e.g. https://handgunlaw.us/states/texas.pdf
handgunlaw.us is your friend...e.g. https://handgunlaw.us/states/texas.pdf
dmatting
Regular Member
Yeah, bro - current Texas carry laws are disappointing, to say the least. However...
The Texas legislature just passed a bill yesterday (May 5, 2021) that will decriminalize open AND concealed carry without a license. If I'm not mistaken, all that is left is for the governor to sign it into law and it goes into effect on Sept 1. I'm going to have to comb through all the laws to make sure I don't go anywhere prohibited. But if passed, I'm back to everyday carry on Sept 1!
Looking forward to the reactions here in Austin...
Link: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1927
color of law
Accomplished Advocate
Someone please point me to a case that makes open carry without a license a crime. Based on Section 46.035 if you get a license you agreed to be regulated.
As to the Texas constitution "with a view to prevent crime" refers to dangerous weapons ( machine guns and sawed off shot guns). See Morrison v. State, 339 SW 2d 529 - Tex: Court of Criminal Appeals 1960.
Most gun rights advocates have no clue as to their rights. Making illogical argument in court will result in illogical holdings.
KBCraig
Regular Member
The default in Texas is that carrying a handgun is prohibited. The law then creates some exceptions.
Penal Code 46.02 is what you're looking for.
"Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;"
color of law
Accomplished Advocate
Just for starters, section 46.02 is unconstitutional because it prohibits an entire class of "arms" that Americans overwhelmingly have chosen for the lawful purpose of self-defense. And the handgun has not been classified as dangerous.
dmatting
Regular Member
The governor signed the bill into law yesterday (June 16, 2021). It goes into effect on 9/1.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and
(2) is not:
(A) not applicable
(B) not applicable
(a-1) not applicable
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster;
best of luck...might review,
Texas' earth shattering shock & awe news...but is it?
Much hoopla going on in newspeek & social media circles regarding Texas' "constitutional" firearm carry legislation...found here: https://capitol.texas.gov/tlodocs/87R/billtext/pdf/HB01927H.pdf#navpanes=0 still has provisions for LEs to, quote: ...in the lawful discharge of the officers's...
forum.opencarry.org
[sidebar...have not read the final text of what the governor signed ~ yet
TX HB 1927, as signed, quote
SECTION 3. Article 14.03, Code of Criminal Procedure, is amended by adding Subsection (h) to read as follows:
(h)(1) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a person at any time the
officer reasonably believes it is necessary for the protection of the person, officer, or another individual.
Sec. 411.02096. REPORT REGARDING CERTAIN FIREARM STATISTICS.
(1) the number of persons who applied for a license....
(2) any other relevant information related to the carrying of firearms by persons in this state.
[BOON....]
Sec. 411.2049. CERTAIN INVESTIGATORY STOPS AND INQUIRIES PROHIBITED.
A peace officer may not make an investigatory stop or other temporary detention to inquire as to a person's possession of a handgun solely because the person is carrying a partially or wholly visible handgun in a holster.
SECTION 22. Section 46.02, Penal Code, is amended by amending Subsections (a), (a-1), and (b)
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; [and]
(2) is younger than 21 years of age at the time of the offense; and
(3) is not:
(A) on the person's own premises or premises under the person's control; or
(B) 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 younger than 21 years of age 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, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, and the handgun is carried in a [shoulder or belt] holster;
(a-5) A person commits an offense if the person carries a handgun 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 holster.
unquote https://legiscan.com/TX/text/HB1927/id/2374758
[HB 1927 gets into where you may not carry unless you are LICENSED HOLDER, e.g., "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code." ???]
SECTION 3. Article 14.03, Code of Criminal Procedure, is amended by adding Subsection (h) to read as follows:
(h)(1) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a person at any time the
officer reasonably believes it is necessary for the protection of the person, officer, or another individual.
Sec. 411.02096. REPORT REGARDING CERTAIN FIREARM STATISTICS.
(1) the number of persons who applied for a license....
(2) any other relevant information related to the carrying of firearms by persons in this state.
[BOON....]
Sec. 411.2049. CERTAIN INVESTIGATORY STOPS AND INQUIRIES PROHIBITED.
A peace officer may not make an investigatory stop or other temporary detention to inquire as to a person's possession of a handgun solely because the person is carrying a partially or wholly visible handgun in a holster.
SECTION 22. Section 46.02, Penal Code, is amended by amending Subsections (a), (a-1), and (b)
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; [and]
(2) is younger than 21 years of age at the time of the offense; and
(3) is not:
(A) on the person's own premises or premises under the person's control; or
(B) 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 younger than 21 years of age 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, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, and the handgun is carried in a [shoulder or belt] holster;
(a-5) A person commits an offense if the person carries a handgun 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 holster.
unquote https://legiscan.com/TX/text/HB1927/id/2374758
[HB 1927 gets into where you may not carry unless you are LICENSED HOLDER, e.g., "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code." ???]
half_life1052
Regular Member
I believe you are reading from the house version, not the final enrolled version. The Dutton amendment was removed in the final version (411.2049 portion of your quote). IMO explicitly stated or not, it would be a violation of rights to detain such a person without some other articulate-able reason. I live in Round Rock. I wonder how this is going to play out?
my cite states at the bottom, quote:
Spectrum: Partisan Bill (Republican 70-2)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB1927 Detail] unquote
further, w/o a specific cite outlining what the "dutton amendment" verbiage entails, not sure which subject matter/section/portion/ you are referencing specifically in your post!
as for oc/cc firearm carry climate in your neck of the state per se.