Texas ban on public possession after McDonald

Texas ban on public possession after McDonald

This is a discussion on Texas ban on public possession after McDonald within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; A lot of folks believe that Texas has pretty reasonable laws for gun possession and use. If you look at the castle laws and concealed ...

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Thread: Texas ban on public possession after McDonald

  1. #1
    Senior Member Array dldeuce's Avatar
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    Texas ban on public possession after McDonald

    A lot of folks believe that Texas has pretty reasonable laws for gun possession and use. If you look at the castle laws and concealed handgun laws, there's no doubt there has been a lot of progress made since 1995.

    However, look at the main anti-gun law we've had on the books since 1871. This law was put on the books during the height of reconstruction, when all of the civil rights abuses discussed in the McDonald case were going on in full force in Texas as well as the rest of the south. This was exactly the kind of law the fourteenth amendment was passed to protect us against, and it is exactly the kind of law that survived only because of Cruickshank and the Slaughterhouse cases. For example in Texas, State v Duke is a controlling case that cited the Slaughterhouse cases.

    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: ..... except, except, except

    We've got some nice exceptions, like CHL and car carry, but the law is still on the books. It's still in full effect making it illegal to possess a handgun in public for by far the bulk of the state's population. It's still putting the chill on most people's exercise of their rights, even CHL holders and car carriers. I've heard a lot of folks say that the Heller and McDonald cases won't change much and that most of the "reasonable regulations" on the books will stand.

    Someone explain it to me? This may not be the worst state law. It might not be a top priority in the nation to challenge, but how can this law, and other similar laws, survive after McDonald?


  2. #2
    VIP Member Array mcp1810's Avatar
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    The court did not forbid states or cities from passing so called reasonable restrictions. So seeing as how pretty much anyone of age can obtain a CHL (there are even financial considerations for the indigent) or carry in their vehicle unless they are a prohibited person, I think this is what they might consider "reasonable".
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    Member Array Matthew's Avatar
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    It's all about $$$

    CHL in Texas is nothing more than a money making arm of the state! The class is so easy and the shooting test anyone could pass blindfolded!

    The State will keep the CHL as an exception to the law on the books because it makes money for the state:
    in 2009: 139,271 applied for a chl, the state fees totaled:$19,497,940 in application fees alone not including renewals.


    These totals are inflated by adding issues and denied new applications at a rate of $140 per application.

    Totals in new application fees state earned:
    2009: $19,497,940
    2008: $12,096,420
    2007: $12,298,160
    2006: $10,705,800

    that is a lot of money to just do away with CHL regulations. As I said it's a money making thing!
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    Member Array Geronimo45's Avatar
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    I would really like to see that law taken down, at least for CHL holders (for starters). It's downright ridiculous for me to be able to sling a rifle on my back (without any license) or conceal a pistol (with one) but not be able to carry a Gerber Guardian.
    I figure that would be very easy to do, politically - if there was any desire for that to happen.

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    In the time it took to voice your complaint on this forum, you could have written a nice e-mail asking, in light of the S.C.'s most recent decision concerning the 2A, that this antiquidated law be repealed and sent it to every Texas state legislator.

    Don't you think that would have been more effective than getting "opinions" on an open forum?
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    Distinguished Member Array ErnieNWillis's Avatar
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    Quote Originally Posted by Geronimo45 View Post
    I would really like to see that law taken down, at least for CHL holders (for starters). It's downright ridiculous for me to be able to sling a rifle on my back (without any license) or conceal a pistol (with one) but not be able to carry a Gerber Guardian.
    I figure that would be very easy to do, politically - if there was any desire for that to happen.


    I have never seen anyone walking around in public with a shotgun or rifle "slung on their back". I'd be afraid that a cop (especially HPD) would shoot them on the spot not knowing or caring that it was not illegal. Just my 2 cents.

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    Same here, Ernie

    Quote Originally Posted by ErnieNWillis View Post
    I have never seen anyone walking around in public with a shotgun or rifle "slung on their back". I'd be afraid that a cop (especially HPD) would shoot them on the spot not knowing or caring that it was not illegal. Just my 2 cents.
    Same here. I've not seen this. Maybe it happens in some small rural towns and during hunting season, but not in more developed places.

    Legal or not it would draw attention of an unwanted kind.

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    Distinguished Member Array 21bubba's Avatar
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    I don't know if it's still a law but a few years back it was illegal to carry wire cutters on your person in Texas.

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    Member Array Geronimo45's Avatar
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    Quote Originally Posted by ErnieNWillis View Post
    I have never seen anyone walking around in public with a shotgun or rifle "slung on their back". I'd be afraid that a cop (especially HPD) would shoot them on the spot not knowing or caring that it was not illegal. Just my 2 cents.
    I've never seen it, myself. Legally, however, it is acceptable, whether or not the police know it.

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    re: 21bubba That only applies to ...

    Quote Originally Posted by 21bubba View Post
    I don't know if it's still a law but a few years back it was illegal to carry wire cutters on your person in Texas.
    That only applies to cattle thieves. :)

  11. #11
    Member Array PaxMentis's Avatar
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    I really don't think McDonald will have any effect on laws such as this.

    My reading indicates that the ruling is rather narrow and the only laws I see it actually affecting are those that prevent a person from having a gun ready for use in his or her home.

    There are likely to be other rulings over the next few years, but I don't see this one being used to knock down public carry laws.
    Gun Control: The theory that a woman found dead in an alley, raped and strangled with her panty hose, is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound.

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    Senior Member Array dldeuce's Avatar
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    Quote Originally Posted by Hopyard View Post
    Same here. I've not seen this. Maybe it happens in some small rural towns and during hunting season, but not in more developed places.

    Legal or not it would draw attention of an unwanted kind.
    I'll never forget the lesson my father taught me when he walked through downtown Houston with a 30-06 rifle after purchasing it at a pawn shop. He told me it's perfectly legal and that it was his right to do it. If anyone didn't like it, tough. It's a free country. A lot of people never got that lesson.

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    I would like to see open carry become the law in Texas.

    If necessary could be restricted to CHL holders.

    A armed society is a polite society.
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    VIP Member Array farronwolf's Avatar
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    Quote Originally Posted by searcher 45 View Post
    I would like to see open carry become the law in Texas.

    If necessary could be restricted to CHL holders.

    A armed society is a polite society.
    How could open carry be restricted to concealed handgun license holders?

    As far as the McDonald decision having any effect on the ban of open carry in Texas, I don't see it happening. The McDonald decision had nothing to do with people right to carry concealed or openly, so nothing can be used from that decision to open up states that don't allow for open carry. Get that notion out of your head, this isn't going to be a victory for those who want Texas to allow open carry.

    The decision was simple really. It said that the court agreed again with their decision in Heller, only this time that it actually does apply to states as well, not just federal jurisdictions, that local entities can not forbid outright its citizens from owning the most prefered gun, a handgun for self defense in ones home.

    The court didn't say that there could be no laws on the books of states or localities that restrict in some way who, how, or where a handgun may be possesed. They still left room for reasonable restrictions. Open carry in public definately falls under this reasonable restriction catagory.

    This isn't a victory for open carry advocates. It is a victory for those that are living in places with politicians that have their heads where the sun doesn't shine. It will allow those citizens in our country who have been forbidden from using a handgun for home defense to join the rest of this country in that strategy, although there may still be some hoops to jump through there will no longer be a total ban on it.

    A small step in the right direction.
    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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    re: dldecuce--open carry rifles

    Quote Originally Posted by dldeuce View Post
    I'll never forget the lesson my father taught me when he walked through downtown Houston with a 30-06 rifle after purchasing it at a pawn shop. He told me it's perfectly legal and that it was his right to do it. If anyone didn't like it, tough. It's a free country. A lot of people never got that lesson.
    Yes, but times and attitudes change even when the law doesn't.

    I carried a single shot bolt action target rifle on the NYC subways when I was in HS. I don't think anyone paid attention.

    I think some of this thread is confusing open carry of rifles and shotguns v handguns. Different rules.

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