Open Carry.Org Targets Texas

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HGWC
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Re: Open Carry.Org Targets Texas

#46

Post by HGWC »

Charles L. Cotton wrote: Okay, I misunderstood your comment. I thought you were saying large counties were preventing CHLs from carrying in public places. Ike caused tremendous damage in Galveston so I'm not surprised the portion of the background checks that must be done "on location" were delayed. The Galveston County Courthouse was not operational for many weeks. I don't know about Brazoria County and Harris County wasn't damaged.
No, I'm saying that large counties in Texas are preventing citizens from getting a CHL. In that way, they certainly are preventing people from carrying in public places. Even if Galveston county was wiped off the face of the earth, the citizens that escaped from Galveston shouldn't be denied access to self defense with a handgun, especially when they may need it the most. There is definitely a problem with the law when these counties can just say they're not processing the CHLs indefinitely. Harris county is one of the big offenders, and they haven't even had to offer up an explanation. There is no explanation. They are denying their citizens of a fundamental constitutional right, indefinitely.
Charles L. Cotton wrote:There are delays to be sure and this has been discussed in detail in several different threads. However, DPS hasn't interpreted the current CHL laws as allowing indefinite delays. In fact, DPS has admitted in meetings with Chairman Driver and a representative of Governor Perry that they are "out of statute" (meaning they are late) by as much as 100 days, due to a shortage of personnel. DPS has acknowledged they are not complying with the law, they are not interpreting current law as allowing indefinite delays.
There are unreasonable delays to be sure because of the onerous administrative infringements on our rights that shouldn't be there. I can assure you I have an official letter in my hand from the DPS that states unequivocally that my application has been delayed indefinitely. It uses that word exactly. It has been posted here and on their web site. I have been told unequivocally over the phone by DPS clerks that as a representative of the DPS, their interpretation of Gov Code 411.177 allows just such delays. I had similar sentiments re-iterated by the staff of my senator, Mike Jackson and and the staff of Joe Driver chair of the law enforcement committee. They told me the DPS' hands were tied until the county got good and ready to process the background check.

What you must be talking about is delays due to DPS outside of the background check. There are no laws that govern how long the counties can take to complete the backgound check. Since there is no law that governs the county, the only thing the DPS could do is to issue the CHL prior to the background check being completed, and they claim the law does prevent them from doing that. I'm not privy to the meetings you've attended, but I can only tell you that it hasn't changed their policy one iota. People are posting here about 200+ days of delay. I'm at almost 120, and there's no end in sight. There's no doubt about it. I'm experiencing an indefinite delay of a fundamental civil right. Rather than denying it and making excuses for it, you should recognize just how intolerable it is.

"I want to see an elimination of the student loan and taxes requirement."
I have felt this way for a long time. :thumbs2:
Let me know when your bill hits the legislature floor. In the mean time, I look forward to supporting any bill that will accomplish this.

"I want to see an end to the $140 charge plus $100+ for the training, . . ."
It'll never happen, but there is no harm in wanting. For clarity, only the initial license fee is $140 and this is reduced by 50% if you qualify for a fee reduction. Renewals are only $70, unless you qualify for the 50% reduction.
It will certainly never happen if our representatives in the legislature and elsewhere never even propose it. On the other hand, we have a proposed bill that will end this infringement.
There are delays, but again there are no indefinite delays in the context you are using the term. Overstating the problem doesn't help the open-carry cause. It's much like the absurd statement in the article, "As Texans realize how restrictive their rights are . . . there will be an awakening. Get ready for a showdown in Austin come January.". Texas does not allow open-carry, but otherwise Texas law on guns is very liberal. Grossly inaccurate and purely emotional statements like the one quoted will not garner support in Austin.
Let me ask you this Charles. When it comes to a fundamental constitutional right, how long does the state have to delay before you will recognize that I'm being denied my rights? Would you tolerate your first amendment rights being delayed 120 days? How about over 200 days, when even these statutes recognize that amount of delay as an implicit denial? How would you feel if Opencarry.org couldn't get a license to advertise on billboards or the radio for 120 days? Plus, despite your denials, it's not a fixed delay. There's nothing fixed about it. The word the DPS is using officially is indefinite. Look it up. There is no other context in which that word means anything different. That's not a grossly inaccurate and purely emotional statement. It's just simply a fact.
Because 1) I’m far more concerned about preventing a Virginia Tech in Texas than I am people being able to wear their guns in the open; 2) I am far more interested in people not being disarmed going to and from their places of employment; 3) it affects far more people than those in two or three counties for a limited period of time; 4) there are no “indefinite delays” in the context in which you have repeatedly used the term; 5) because unlicensed open-carry isn’t going to pass and we will not let these two bills that are so important to tens of thousands of CHLs die because OpenCarry.org can’t get their own bill introduced and/or doesn't have the horsepower to get it passed.
Citizens of Texas can't protect society from massacres unless they're armed. People can't be armed effectively while travelling in their car unless they can at least legally step out of their car with it. Read the thread here in this forum today of the Houston woman that was murdered while she filled up with gas. Without a CHL, she couldn't even step out of her car to fill up with gas. A gun concealed in her car wouldn't have helped her. 4) There definitely are indefinite delays in any context you want to look at it. 5) No bills will pass to eliminate these problems if no one proposes them. I'm willing to put my support behind anyone who will propose it.

Finally, you seem to represent the small percentage of people that already have a CHL and those that will tolerate the current situation, and that's fine. I want the laws changed regardless of who supports them. That's why I think the only solution to the problem is in the courts. From that point of view, it's probably better that we not appease anyone. It's better to have a complete ban in order to drive enough support for challenging in the courts. In the courts, it's more likely that the open carry laws will get hit first.
I want to note that although I personally oppose open-carry because of the backlash I believe we would face, I still have a link to OpenCarry.org in the links thread here on TexasCHLforum.com. I have read that board and I must say that open-carry supporters are incredibly vicious in their attacks on opponents of open-carry. I went there to invite some of the members to come to TexasCHLforum.com and discuss their views and plans. But when I saw the way they described pro-gun people who disagreed with their position, I decided not to post. As others have noted in another thread, the last thing pro-gun people need now is a divisive fight over open-carry, or any other firearms issue.
Despite the recent success in the legislature, I and countless other people are being indefinitely denied the right to defend myself, my family, and my community with the most popular firearm for self defense. You support the legislation that infringes on my rights in such a fundamental way. That's a divisive issue, and if that's the last thing we need, I suggest you stop supporting the infringement of my rights. That doesn't sound very pro gun to me. It sounds a lot more like supporting reasonable gun control.

Sorry Charles, but if you were sitting in my shoes, I suspect you'd feel the same way. I'll support any bill you get introduced, but what you're supporting is just not enough. I thought it was in August when I applied for the CHL, but clearly now, it's not. I don't accept that this is a take it or leave it proposition. I seriously believe that this isn't going to get resolved until we get court cases filed. I believe we need to be pursuing this in both the legislature and the courts. The TSRA and opencarry.org don't agree with me, but maybe when the open carry bill fails we'll get the court cases. Maybe that's just what we need is to continue to deny the rights of more people just like me. Eventually, the court cases will come.

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Re: Open Carry.Org Targets Texas

#47

Post by Frost »

Other states that have open carry are doing just fine. I would like to see it here in Texas.
It can happen here.

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Re: Open Carry.Org Targets Texas

#48

Post by Right2Carry »

I am tired of dressing around my gun and buying things in larger sizes just to ensure that I don't accidentally flash someone my firearm while reaching or stretching. I might not open carry but I sure would like to be able to make that choice. I support the 2A and all forms of carry.
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Re: Open Carry.Org Targets Texas

#49

Post by Mark G26 »

Right2Carry wrote:I am tired of dressing around my gun and buying things in larger sizes just to ensure that I don't accidentally flash someone my firearm while reaching or stretching. I might not open carry but I sure would like to be able to make that choice. I support the 2A and all forms of carry.
:iagree:
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Re: Open Carry.Org Targets Texas

#50

Post by Charles L. Cotton »

HGWC wrote:Finally, you seem to represent the small percentage of people that already have a CHL and those that will tolerate the current situation,
HGWC wrote:Despite the recent success in the legislature, I and countless other people are being indefinitely denied the right to defend myself, my family, and my community with the most popular firearm for self defense. You support the legislation that infringes on my rights in such a fundamental way. That's a divisive issue, and if that's the last thing we need, I suggest you stop supporting the infringement of my rights. That doesn't sound very pro gun to me. It sounds a lot more like supporting reasonable gun control.
You've been a member of TexasCHLforum for a very short while and you obviously know absolutely nothing about my history with this issue. Keep your insults to yourself.
HGWC wrote:Sorry Charles, but if you were sitting in my shoes, I suspect you'd feel the same way. I'll support any bill you get introduced, but what you're supporting is just not enough. I thought it was in August when I applied for the CHL, but clearly now, it's not. I don't accept that this is a take it or leave it proposition. I seriously believe that this isn't going to get resolved until we get court cases filed. I believe we need to be pursuing this in both the legislature and the courts. The TSRA and opencarry.org don't agree with me, but maybe when the open carry bill fails we'll get the court cases. Maybe that's just what we need is to continue to deny the rights of more people just like me. Eventually, the court cases will come.
You have no idea what we're working on, so don't tell me it won't fix the delay problem. Obviously, you're mad about the delay and have every reason to be mad. But that doesn't justify the Chicken Little approach and it doesn't help fix the problem.

Chas.

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Re: Open Carry.Org Targets Texas

#51

Post by nils »

To answer the first person....yes, their should be some sort of test for voting....some people vote for the absolute wrong reasons with ill-informed brains.....and having a license to carry concealed seems to be working OK, so why wouldn't it also be OK for OC??? I doubt highly that people would be disarmed and checked for their licenses...that was sort of a odd point, and obviously a worst-case scenario...having an unregulated OC would lead to EVERYONE being checked all of the time....some sort of designation on your holster that shows that you're licensed would take care of this....seems like a pretty simple idea to me.
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Re: Open Carry.Org Targets Texas

#52

Post by nitrogen »

HGWC wrote:I have an official letter in my hand from the DPS that states unequivocally that my application has been delayed indefinitely. It uses that word exactly. It has been posted here and on their web site.
Where's the letter? I'd be interested in seeing it.
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Re: Open Carry.Org Targets Texas

#53

Post by Owens »

Charles,

I'm not sure what you're up to, but it does sound interesting.

I do believe in some form of open carry, but...being realistic, I also don't think that the legislature will jump from our present carry situation directly to OC. To get there it will take some steps, gradual ones, and I understand that. It took a good bit of time to get where we are, it will take time to go back too.

I can see the very high possibility of a bill passing that reduces the number of places we can't carry and some streamlining (fixing) to DPS issues. removal of certain prohibitions on carry at various locations would fix a lot of things, especially if it was to allow carry anywhere an LEO can.

I could be dead wrong on this and the legislature may rubber stamp open carry right through. I have been wrong too many times to say definitely one way or the other.

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Re: Open Carry.Org Targets Texas

#54

Post by carlson1 »

I have deleted a couple of post from this thread. Let me remind you that there are NO PERSONAL ATTACKS allowd.
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Re: Open Carry.Org Targets Texas

#55

Post by nils »

:iagree: ....and sorry for the retaliatory nature of my last post....
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Re: Open Carry.Org Targets Texas

#56

Post by carlson1 »

Thank you, but you were not the only one. This is a hard topic because of the hard feelings on both sides. :thumbs2:
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Re: Open Carry.Org Targets Texas

#57

Post by GrillKing »

Open Carry legislation would certainly carry some sort of "in a manner not causing alarm" clause. You can carry a shotgun today openly in Texas, but try that in downtown Austin and see what happens.

Open Carry is not a good use of legislative firearms equity in my opinion. We should focus on a parking lot law and getting rid of "defense to the prosecution" clause in 30.05, in my opinion. I really can't figure out why that is there. Ideas??
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Re: Open Carry.Org Targets Texas

#58

Post by jimlongley »

HGWC wrote:When it comes to a fundamental constitutional right, how long does the state have to delay before you will recognize that I'm being denied my rights?
Just for my edification, which right is it that the state is delaying?

Concealed carry licensing is a privilege granted by the state, not a right.

Now if you are contending that the state is denying a fundamental right, or constitutional right, by allowing the carrying of guns, then I would agree with you, but that has nothing to do with any delay in processing CHLs, it has to do with the state co-opting our rights, and that becomes a different fight.

What you need to be pushing for is a change in the law that says that when DPS is unable, for any reason, to process a CHL application within the allotted amount of time, it shall issue a letter explaining this and the letter will be considered a valid CHL until DPS gets around to finishing the process.

And good luck with that.

Of course, to mollify those who would object to such a clause, you could throw in a felony charge of "fraudulent misrepresentation" or some such thing for anyone who fails their background check after the delay.

Something else you need to consider: The poorly crafted bill presented by Open Carry . ORG also does away with our ability to carry in hospitals, amusement parks, and any place else where 30.06 notification is currently required.
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Re: Open Carry.Org Targets Texas

#59

Post by Mike1951 »

carlson1 wrote:Thank you, but you were not the only one. This is a hard topic because of the hard feelings on both sides. :thumbs2:
Pretty sure it was my first.

We've had spirited open carry discussions before among our members.

But I have to wonder if some of the newer members only came here to argue, much like if I signed up at OpenCarry just to play devil's advocate.
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Re: Open Carry.Org Targets Texas

#60

Post by KBCraig »

Charles L. Cotton wrote:OpenCarry.org, a Virginia-based organization....
I didn't realize that Virginia-based organizations were unwelcome in Texas. Don't you happen to sit on the Board of Directors of a Virginia-based organization? ;-)

OpenCarry.org is no more an "organization" than TexasCHLforum.com is. I wouldn't even call it "Virginia-based", although that's where the founders live. It's an online, grassroots, community of gun rights activists, with volunteer researchers and advocates for almost every state. There are clashing opinions and clashing personalities, and no 10 year old daughter rule. It's not the same as this forum, but every community has its own norm.

You mentioned that people who disagree are treated viciously over there. There have been plenty of trolls there who deserve to be treated with scorn. Why would anyone join a position advocacy forum just to tell them how wrong and crazy they are? Would you welcome someone who came here and on the first post started telling us we're wrong and crazy for carrying guns? How "inappropriate" it is? How dangerous it is for us to be around children while we're carrying? And wouldn't it be a hundred times more irritating if this person claimed to be a gun owner who supports the Second, just "not like that"?

There's a new thread like that almost weekly on OCDO, where a concealed carry advocate joins up and denigrates open carry, because "they'll snatch your gun!" or "they'll take you out first!" or "you're ruining it for the rest of us!"; such people get the "welcome" they deserve.

On the other hand, the concealed carry advocates there don't criticize anyone for preferring concealed carry. They support choice in the manner of carry.

Every civil rights movement needs its agitators who will keep pushing the boundaries.
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