open-ish carry bill introduced in TX - Page 3

open-ish carry bill introduced in TX

This is a discussion on open-ish carry bill introduced in TX within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; If the statutes could be cleaned up to read handgun carry license or similar language, and remove sections that are no longer applicable that would ...

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Thread: open-ish carry bill introduced in TX

  1. #31
    VIP Member Array farronwolf's Avatar
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    If the statutes could be cleaned up to read handgun carry license or similar language, and remove sections that are no longer applicable that would be best. I don't see any of it happening this session though.

    I don't see any "easy" solution to it actually.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  2. #32
    Member Array 40khammer's Avatar
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    I contacted Representative Lois Kolkhorst and asked her to show support for House Bill 2756. I was informed by her staff that I should have as many people as possible do the same with their representatives to raise support for this bill. During the voting process they will pull up their system which would list all the citizens showing support for this bill. This, she said, would be the largest push for legislators to vote yes. Show your support and contact your representative!


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  3. #33
    Member Array Fisherman's Avatar
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    The committee hearing for HB 2756 went very very well. At the end, after Rep Lavender finished closing, the committee members chatted for a few minutes with Lavender. Committee member Rep Driver asked Lavender if he wanted to go into a partnership making "Bling Holsters" when this passes. Rep Beck said she was going to shop for a pretty open carry belt and holster. This will go to the floor for a vote and it will pass. Please call your reps and start to work on all of the senators as well to ask them to support this bill. If you want to be even more effective in helping, join LSCDL.

    As far as the bill being confusing, it's not confusing at all. It's not really an open carry bill. It's a Texas Handgun License Modification Bill. Read the changes that the bill stipulates carefully and then you'll see that it's a big first step in aligning statutory law with Constitutional law.
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  4. #34
    Ex Member Array Snatale42's Avatar
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    Quote Originally Posted by crabbys44 View Post
    Texas Legislature Online - 82(R) Text for HB 2756

    Sections 46.035(a) and (h), Penal Code, are repealed.

    Sec. 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.
    (h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.

    What it appears to be is a piece of legislation that will allow CHL holders to carry unconcealed.

    Correct me if I'm wrong please.
    It allows you to brandish to scare away would be attacker as long as the use of deadly force was justified.

  5. #35
    VIP Member Array farronwolf's Avatar
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    Quote Originally Posted by Snatale42 View Post
    It allows you to brandish to scare away would be attacker as long as the use of deadly force was justified.
    Where do you come up with that? Texas has long had laws on the books to allow you to present a deadly weapon to make an attacker back down and it is not considered deadly force. And it is not considered brandishing. Notice it says when the use of force is justified, not deadly force.

    PC 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force
    is justified when the use of force is justified by this chapter. For purposes
    of this section, a threat to cause death or serious bodily injury by
    the production of a weapon or otherwise, as long as the actor's purpose
    is limited to creating an apprehension that he will use deadly
    force if necessary, does not constitute the use of deadly force.

    Oh, and the bill is now dead. Texas still doesn't allow for open carry. This is something that might be worked on for the 2013 session. We will have to see if the NRA and TSRA get behind it and work it through.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  6. #36
    Ex Member Array Snatale42's Avatar
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    Quote Originally Posted by farronwolf View Post
    Where do you come up with that? Texas has long had laws on the books to allow you to present a deadly weapon to make an attacker back down and it is not considered deadly force. And it is not considered brandishing. Notice it says when the use of force is justified, not deadly force.

    The section you sighted is not the same one I quoted. The one I read is basically identical to how other states have included an exception to brandishing to scare away an attacker.

  7. #37
    VIP Member Array farronwolf's Avatar
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    You are mistaken. 46.035 has nothing to do with brandishing a gun to scare off an attacker, which if it is warranted isn't brandishing the gun in the first place. 9.04 which I posted is exactly what you're trying to get at. It says what you're looking for in black and white, you need look no further in the Texas Statutes than what I posted for scaring off an attacker.

    The intentionally fails to conceal in 46.035 is if you choose to go in a public place trying to open carry, busted. If the wind blows your shirt open and someone sees your gun, that wasn't an intentional failure to conceal, you can't be sited for that, or you shouldn't be at least.

    You will notice that the section in 46.035 where you quote says justified in using "deadly force under chapter 9", which is a no brainer. If you have to shoot someone you can't be sited under 46.035 for failure to conceal, dahh.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  8. #38
    Member Array OperatorJ's Avatar
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    From reading the bill, it does provide for legal open carry by a CHL holder in Texas. Now, while I don't think I'm a big proponent of open carry, I do think it will be nice not to have to worry so much about printing or accidental "flashing" (mostly a concern in the summer when wearing a t-shirt and shorts).

    My personal view on OC is that it removes the tactical advantage from me and gives it to the perp. If someone walks into a 7/11 and sees me OC... they then have 2 choices to make...
    1- decide not to go through with the intended crime because someone is carrying a firearm (deterrence factor)
    2- shoot me first to remove the threat to himself and carry thru with the crime

    If I am CC, he should have no idea I am armed and therefore I have the element of surprise on my side. Now, I understand there are infinite variables in every situation that can swing the element of surprise either way... but I prefer not to have a fair fight. I like to win. Call me extremely competitive, but thats they way I like it. My wife agrees. :-)

    But as far as HB 2756 goes, I think it is a good step in the ability to legally carry a weapon. After all... the bad guys couldnt care less about what the law says. I am armed 99.99% of the time. There is a fine line between "paranoid" and prepared, but either way, you are protected.

    just my $.02
    J

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