New Push for making Texas an open-carry state for handguns in 2013

This is a discussion on New Push for making Texas an open-carry state for handguns in 2013 within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; We just got this in Oklahoma, makes it nice to have to worry about accidentally having your piece get seen by someone.......

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Thread: New Push for making Texas an open-carry state for handguns in 2013

  1. #16
    Member Array soonershoote's Avatar
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    We just got this in Oklahoma, makes it nice to have to worry about accidentally having your piece get seen by someone....
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  3. #17
    New Member Array Charles Cotton's Avatar
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    Quote Originally Posted by ErnieNWillis View Post
    Sorry I meant Charles Cotton. He is a pro CHL forum owner and attorney but is adamantly opposed to open carry. I believe he thinks it may infringe on concealed carry laws in Texas.
    Although some ardent open-carry supporters have made this claim for at least the last two Texas Legislative Sessions, it is not true. These claims originated primarily by two people who post on OpenCarry.org in the Texas section and who were banned on the TexasCHLforum.com for rule violations. These folks also erroneously claimed that TSRA, NRA and I blocked open-carry in 2009 and 2011.

    Neither the NRA, TSRA nor I have ever done anything to block or in anyway impede an open-carry bill in the Texas Legislature. In fact, I have repeatedly stated that I do not oppose open-carry and that, in the event TSRA or NRA take on open-carry, then I will work as hard to pass it as I have numerous other bills in Texas since 1987.

    I share the concerns expressed by Hopyard and I have noted that any open-carry bill must not amend Tex. Penal Code 30.06 to apply to both open-carry as well as concealed-carry. My concern is based upon the huge negative response to passage of Texas' concealed carry bill (SB60) in 1995. It was so bad that generic "no guns" signs were appearing on a huge percentage of businesses throughout the State. It was critical that we pass HB2909 in 1997 to create Tex. Penal Code 30.06 that requires the posting of what became to be known as the "big ugly sign" in order to prohibit an armed Concealed Handgun Licensee from entering someone's property. We were successful and very few property owners post signs that comply with the stringent size and verbiage requirements. If TPC 30.06 is amended to apply to both open-carry and concealed-carry, then a property/business owner wanting to ban only open-carry will not have that option. They would have to post a 30.06 sign and thereby ban both open-carry and concealed-carry.

    Please go to TexasCHLforum.com • Index page and do a search on my posts dealing with open-carry to get an accurate view of my position on this issue. It's easy for people to make false allegations on the Internet, but since I post using my own name, it's easy to find my true position on this issue.

    Regards,
    Chas.
    longhornfan6 likes this.

  4. #18
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    Just an update: Not sure if this has any legs to being pushed in TX, but the Press is still writing about it.

    Texas is one of six states that forbids open carry in all forms.

    “I definitely support open carry. The concealed handgun law to me is ridiculous... I am still carrying a gun on me, even if you don’t know. I honestly think open carry would be better because potential criminals could see right off ... Just the mere sight of a gun on a guy’s belt is a deterrent,” said Bob Godell, owner of The Gun Doctor in Longview.

    Little more information on this and the LEO discussions at the link: New legislative push for open carry gun law in Texas stirs emotions - Longview News-Journal: Local News
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  5. #19
    Ex Member Array Edward7's Avatar
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    Id like real OC in mass. Hell id like a lot of changes here....

  6. #20
    Senior Member Array SFury's Avatar
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    It seems to me the fears about more posting being caused by OC are just that, fears. I hate to break it to you, but why would a state have different signage requirements?

    Wisconsin has only one sign requirement, and outside of a few establishments, not many places have them. Not knowing Texas law, the only important question is, who assumes liability if an establishment is posted?

    We did things right in Wisconsin by putting the burden for civil liabilities on the business if they post their property. Which is why almost no business will post their property. They can't afford the extra insurance.

    If Texas does not do this already, then use the OC bill to amend that portion of your CC statutes. You should see no real change, or even a positive one, if you do.

  7. #21
    Member Array RiverCity.45's Avatar
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    New Push for making Texas an open-carry state for handguns in 2013

    Sdprof: in TX, there is no legal basis for penalizing a licensee for accidentally exposing a concealed carry weapon. The law requires it to be intentional. You can relax, it seems.
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  8. #22
    Member Array wingit's Avatar
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    Quote Originally Posted by sdprof View Post
    One of the biggest reasons to have OC as the law is that it takes away any penalty for a CCer whose gun is accidentally exposed.

    Hope it works for TX this coming year!
    I agree with this. If you reach for something, bend over, wind takes your shirt it don't matter. If someone accidentally sees it there is no problem.

  9. #23
    Ex Member Array Piratesailor's Avatar
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    Quote Originally Posted by sdprof View Post
    One of the biggest reasons to have OC as the law is that it takes away any penalty for a CCer whose gun is accidentally exposed.

    Hope it works for TX this coming year!
    Exactly and really the only reason I'd be in favor. I've been thinking about this for some time now and can see both sides of the OC debate but it come down to taking away penalties for accidental exposure as well as the ability to handle a pistol in the open more easily. It's just me but I don't think I'd ever walk down the street in Houston or Dallas with an exposed gun on my hip.

  10. #24
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    TX needs something like this to ensure no one makes an issue of "accidental" CC exposure:

    FL 790.053 Open carrying of weapons.—
    (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
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  11. #25
    VIP Member Array Yoda's Avatar
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    Welcome to the forum Mr. Cotton

    Quote Originally Posted by Charles Cotton View Post
    Although some ardent open-carry supporters have made this claim for at least the last two Texas Legislative Sessions, it is not true. These claims originated primarily by two people who post on OpenCarry.org in the Texas section and who were banned on the TexasCHLforum.com for rule violations. These folks also erroneously claimed that TSRA, NRA and I blocked open-carry in 2009 and 2011.

    Neither the NRA, TSRA nor I have ever done anything to block or in anyway impede an open-carry bill in the Texas Legislature. In fact, I have repeatedly stated that I do not oppose open-carry and that, in the event TSRA or NRA take on open-carry, then I will work as hard to pass it as I have numerous other bills in Texas since 1987.

    I share the concerns expressed by Hopyard and I have noted that any open-carry bill must not amend Tex. Penal Code 30.06 to apply to both open-carry as well as concealed-carry. My concern is based upon the huge negative response to passage of Texas' concealed carry bill (SB60) in 1995. It was so bad that generic "no guns" signs were appearing on a huge percentage of businesses throughout the State. It was critical that we pass HB2909 in 1997 to create Tex. Penal Code 30.06 that requires the posting of what became to be known as the "big ugly sign" in order to prohibit an armed Concealed Handgun Licensee from entering someone's property. We were successful and very few property owners post signs that comply with the stringent size and verbiage requirements. If TPC 30.06 is amended to apply to both open-carry and concealed-carry, then a property/business owner wanting to ban only open-carry will not have that option. They would have to post a 30.06 sign and thereby ban both open-carry and concealed-carry.

    Please go to TexasCHLforum.com • Index page and do a search on my posts dealing with open-carry to get an accurate view of my position on this issue. It's easy for people to make false allegations on the Internet, but since I post using my own name, it's easy to find my true position on this issue.

    Regards,
    Chas.
    Yoda, I am, yes.

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