Search found 3 matches

by Charles L. Cotton
Tue Dec 15, 2009 8:07 pm
Forum: General Texas CHL Discussion
Topic: Open Carry?
Replies: 87
Views: 12627

Re: Open Carry?

SA-TX wrote:
Charles L. Cotton wrote: I won't go so far as to say that open-carry supporters are selfish, nor do I feel that way, but the fact is a relatively small group of people are willing to risk the creation of a lot of new off-limits businesses (via TPC §30.06 signs) just to have the option to openly-carry. When I say "relatively small group" I am making the assumption that, if open-carry ever passes, it will be licensed open-carry. Unlicensed open-carry has absolutely no chance of passing any time soon, and if it ever does, it will come only after successfully passing licensed open-carry.

Chas.
Charles, I think you are making a couple of other assumptions:

1) TPC 30.06 would be updated to apply to licensed open carry. Depending on how the CHL law was changed to allow licensed open carry, that may or may not happen. Why not? It seems to me that one of the reasons a sign is necessary for the protection of property rights is that, by definition, the owner cannot see a concealed handgun. Thus, the sign communicates his wishes. This isn't a problem with open carry.

2) That a 30.06 sign is the way to keep someone from open carrying and thus is going to be the action taken. If the owner doesn't like your exposed sidearm, he can ask you to leave. The verbal request is just as binding and is an immediate response to unwelcome open carry. Additionally, as noted in 1) above, it might be the ONLY recourse if the wording of 30.06 isn't updated.

I'm less concerned about wide-spread 30.06 postings in response to open carry (either licensed or unlicensed) because:

a) It seems to me that the trend over time has been fewer postings, not more.

b) The media has written/broadcast CHL stories that contain 30.06 information before (probably every time a CHL bill get traction in the Legislature) but their impact is short-lasting and ultimately minimal (see above).

c) Open carry would be practiced by so few that it is unlikely spawn mass postings.

d) Anti-carry business owners probably ALREADY have their businesses posted.

I'm willing to take the risk, because I evaluate the probability of many new postings as highly unlikely. My weighing of the cost versus benefits is that legal open carry is desirable for both practical and philosophical reasons and I believe it can be had with few, if any, disadvantages.

Just so I'm not misunderstood, I want to say that open carry is not my top CHL-related priority. I believe that parking lot carry and campus carry are both more beneficial make teh entance to the CHL population as a whole. I strongly supported them last session and will continue to do so. I also would like to see a reduction in off-limits places (whole buildings because of a court or court office, voting places on election day, professional sports events, etc.).

Respectfully, SA-TX
I understand and respect your opinion. You know mine is different.

If open-carry were to pass, the legislature absolutely would adopt a single sign to prohibit carrying of handguns, either openly or concealed. The legislature would never agree to a two-sign requirement forcing a property/business owner to post one sign to bar open-carry and another one to bar concealed-carry. It simply will not happen because the opposition argument would be that it's too costly, too confusing and would require a business owner to post two ugly signs.

If a business owner doesn't want people open-carrying, I seriously doubt they will refrain from posting a sign and opt to walk around asking people to leave if they have a gun. If they make the decision to bar open-carry, it will probably be in response to customer complaints and posting a sign is the most expedient option.

I agree with you that truly anti-gun businesses are probably already posted, but it's not them I'm not worried about those businesses. I'm concerned about business owners or managers who aren't anti-gun or who are actually pro-gun, but who will post their property in response to customer complaints.

Has the non-gun-owning/non-carrying public become accustomed to concealed-carry? I think that's possible, but the out-of-sight-out-of-mind element is still a factor that weighs heavily in our favor. My concerns are based upon the response we saw to passage of the CHL statute in 1995 until the creation of TPC §30.06 in 1997. Fears of the public's reaction may prove unfounded, or they may prove to be very accurate. One thing is certain, we won't know until/unless open-carry passes and if I'm right, we won't be able to close Pandora box.

Chas.
by Charles L. Cotton
Fri Dec 11, 2009 1:52 pm
Forum: General Texas CHL Discussion
Topic: Open Carry?
Replies: 87
Views: 12627

Re: Open Carry?

chabouk wrote:This past summer, it became legal in Arizona to CC where alcohol is served. Reports are that "no guns" signs are going up all over the state at restaurants that serve alcohol. Should the gun rights groups in Arizona have fought against this law, since it means signs are going up? Of course not.
Your comparison of restaurant-carry in Arizona with open-carry in Texas is fatally flawed. Arizona CHL's didn't loose anything when the restaurant ban was lifted, because they were already off-limits. Posting of those locations by their owners merely maintained the status quo If open-carry were to pass in Texas, and if businesses start posting TPC §30.06 signs, then 350,000+ CHL's will no longer be able to carry in locations that have been open to them for almost 15 years.
chabouk wrote:I hope no one takes this personally, because I intend it as constructive criticism, but the attitude of "We've got it how I like it, so don't mess with things!" sounds selfish. It reminds me of the Fudds who are willing to give up everyone else's gun rights just so long as their hunting guns are safe.
I won't go so far as to say that open-carry supporters are selfish, nor do I feel that way, but the fact is a relatively small group of people are willing to risk the creation of a lot of new off-limits businesses (via TPC §30.06 signs) just to have the option to openly-carry. When I say "relatively small group" I am making the assumption that, if open-carry ever passes, it will be licensed open-carry. Unlicensed open-carry has absolutely no chance of passing any time soon, and if it ever does, it will come only after successfully passing licensed open-carry.

Chas.
by Charles L. Cotton
Thu Dec 10, 2009 12:22 pm
Forum: General Texas CHL Discussion
Topic: Open Carry?
Replies: 87
Views: 12627

Re: Open Carry?

Conagher wrote:Thank you srothstein for taking a stance against this authoritative elitism. I am saddened at the obvious reality, even on this forum that the liberalization of our great national has neutered our American independence. But to realize the pacification is so extensive that one could agree, much less support such irrational behaviour from one who is sworn to “protect and serve” is almost incomprehensible.

"Trust me on this, it may be legal for you to do so, but carrying open and not being a LEO is going to be MUCH greater trouble than you will want to deal with."

IMHO, any one who is not totally outraged at such an oppressive sentiment has either a complete disregard, or a perverted misunderstanding of the principles of our founding fathers and the premise on which this country was founded.
There is a big difference between agreeing that certain events would occur if open-carry were legal v. agreeing that a LEO would be justified in drawing on someone solely because they are carrying openly. I believe you are painting with too broad of a brush.

If open-carry is ever legalized in Texas, then any LEO drawing down on and detaining someone solely because they had a visible handgun is going to find himself/herself and their agency in a very bad situation. It will be a clear civil rights violation and §1983 lawsuits will follow. Possession of an openly-carried handgun would not constitute probable cause any more than wearing a blue suit on Fridays.

As I have said several times before, I believe the risk of the public's response to OC in Texas is not that LEO's will respond improperly, or that the Legislature will repeal the concealed-carry statute, but that customer complaints will prompt many businesses to post 30.06 signs. Anyone who was around in 1995 and who was old enough to care will remember the flood of "ghostbuster no-gun" signs that were popping up everywhere. Only passage of HB2909 in 1997 that created TPC §30.06 stemmed the tide of businesses posting there property against concealed-carry. Posting of businesses declined dramatically not because the business owners had a change of heart, but because they didn't want to post a big ugly sign.

Chas.

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