I thought OC was a no-no in Texas??

This is a discussion on I thought OC was a no-no in Texas?? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I was in the mall the other day and spied a man OCing in the food court. I was mildly curious since I knew OC ...

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Thread: I thought OC was a no-no in Texas??

  1. #1
    Distinguished Member Array pcon's Avatar
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    I thought OC was a no-no in Texas??

    I was in the mall the other day and spied a man OCing in the food court. I was mildly curious since I knew OC was illegal in Texas and struck up a convo. He was carrying a Kimber (didn't know the actual make) and I wasn't going to ask him to show me. Anyways, I asked what branch of LEO he was, assuming he had to be since he was OCing. he replied with none and said that he wasn't going to not carry just because he wasn't LEO and he was within his rights to be armed. I told him what I knew of the law and shrugged it off and propaganda.

    What's the deal? I was sure OC was a no-no here...
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    Member Array OngngFreedom's Avatar
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    It is, unless you are on your property.

  4. #3
    Distinguished Member Array pcon's Avatar
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    No, we were in a mall. I doubt he was the owner of it. Though, I guess I can't judge by look alone.
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    Member Array CplVargas's Avatar
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    I'm sure if he were the owner, he would have stated such to qualify his statement about OC'ing.

  6. #5
    VIP Member Array peckman28's Avatar
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    Yeah sounds pretty illegal to me. However, since he apparently wasn't harassed, it gives me hope for the future in that state, as far as changing that law goes...

  7. #6
    Ex Member Array jahwarrior72's Avatar
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    TX puzzles me this way. if there's any state that exemplifies carrying a gun, in my mind, TX is it. i'm not the only one; whenever i'm confronted by someone about OC, they always say, "whatsamatter wit you? this ain't Texas!" i love it when i tell them the open carry is illegal in TX. they get confused, which is understandable.

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    If he were like most 'mall owners' I doubt that he'd be carrying anything...most (mall owners) seem to prefer unarmed .
    As far as knowing the OC TX laws?...the police will explain it very clearly to him.
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  9. #8
    VIP Member Array farronwolf's Avatar
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    It is illegal to OC or CC without a CHL. Had he been carrying a long gun he would have been perfectly within the law.


    Sec. 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 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 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 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.

    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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    Distinguished Member Array C9H13NO3's Avatar
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    It's not legal, and I'm sure he'll be seen by the wrong person shortly. Most people probably just don't notice, and if they do, assume it's legal.
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  11. #10
    Distinguished Member Array BlueNinjaGo's Avatar
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    Quote Originally Posted by jahwarrior72 View Post
    TX puzzles me this way. if there's any state that exemplifies carrying a gun, in my mind, TX is it. i'm not the only one; whenever i'm confronted by someone about OC, they always say, "whatsamatter wit you? this ain't Texas!" i love it when i tell them the open carry is illegal in TX. they get confused, which is understandable.
    The one thing people forget about Texas is the huge influx of people from the northern states. (And just other states in general.) There's a lot of reasons to move to Texas, and when they do, they bring the same mentality with them.

  12. #11
    VIP Member Array dukalmighty's Avatar
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    Good way to lose your gun and get a hefty fine/lawyer fees
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  13. #12
    Ex Member Array NavyLT's Avatar
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    Quote Originally Posted by pcon View Post
    he replied with none and said that he wasn't going to not carry just because he wasn't LEO and he was within his rights to be armed.
    I believe he told you the absolute truth. He was within his rights to be armed, without having to pay the state a tax to obtain the state's permission to do so. However, being within one's rights has no bearing on whether or not that action is legal according to state statutes.

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    VIP Member Array paramedic70002's Avatar
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    Maybe he was lost. But Midland is a long way from any border. Remember it's only illegal if you get caught!
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    Senior Member Array Rob P.'s Avatar
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    Either he was stupid to the point he shouldn't posses firearms or he was setting himself up to be a test case to challenge the OC ban.

    It's Texas. Ya know, the land of oil millionaires who don't look like millionaires who can afford to bankroll a long expensive lawsuit. And, the recent Heller decisions and the upcoming McDonald decision could just set the stage for a big paycheck for a civil rights violation.

    Personally, I have no idea WHY Texas thinks OC is wrong when you have to OC to hunt. And a lot of good ol' boys hunt in Texas.

  16. #15
    Senior Member Array ZX9RCAM's Avatar
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    Yes, but "most" hunting is done on private property....
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    Im a big fan of the .22LR for bear defense.
    Just shoot the guy next to you in the knee and run like heck.

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