Open Carry.Org Targets Texas

[bigolbigun]

Campaign asks Texans to support open-carry law for handguns
By ANNA M. TINSLEY
atinsley@star-telegram.com



They’re setting their sights on Texas and coming out firing.

More than a month before the legislative session starts Jan. 13, gun-rights supporters are asking state lawmakers to pass an "open carry" law to let Texans stop covering up the guns they carry and wear them openly.

They are putting their message on billboards, on banners on cabs and in radio ads, asking others to sign on to the cause.

"We are targeting Texas," said Mike Stollenwerk, co-founder of http://www.opencarry.org" onclick="window.open(this.href);return false;, a champion of the growing nationwide effort. "Texas is probably the most pro-gun state, but doesn’t have open-carry laws.

"As Texans realize how restrictive their rights are . . . there will be an awakening. Get ready for a showdown in Austin come January."

Texas is somewhat of an open-carry battleground because it is one of only six states where handguns cannot, in some form, legally be worn in plain view. Texas residents may carry concealed handguns if they have a permit.

More than 28,000 people have signed an online petition asking Gov. Rick Perry and the Legislature to make Texas an open-carry state.

"The only place we are spending money is Texas," said Stollenwerk, who owns a home in Killeen. "Who knows if we’ll be successful? But at least it’s on the agenda."

Some fear that pushing for open carry could bring more problems than solutions.

"What are they trying to do?" Richard Leal of Texans for Gun Safety Laws told the Star-Telegram earlier this year. "Go back to Texas gunslinger days?"

Upcoming battle

When lawmakers get back to work in January, it will have been 14 years since they passed a concealed-carry law.

Supporters say open carry is needed because under the concealed-carry law, gun owners can get in trouble for displaying their weapon even inadvertently, such as if a jacket covering it up blows back enough to show the gun.

"I want to be able to remove my suit jacket in the middle of a hot Texas August day without being labeled a criminal," said Ralph Carroll, who lives in Van Zandt County and works in Dallas. "I can drive east or west one state over, remove my jacket in the heat of the day and still be a perfectly legal citizen. But that same act in Texas will brand me a criminal — for no reason other than I live in Texas."

The other states that either don’t allow, or highly restrict, the open carrying of handguns in public are New York, Oklahoma, Arkansas, Florida and South Carolina, according to OpenCarry.org.

More than a dozen states require a license for open carry, and 11 more allow it but don’t require licenses. Other states generally permit it, but with various restrictions.

Stollenwerk said a draft of a bill to allow open carry in Texas has been prepared.

While several Texas lawmakers have said they’ll support such a bill, none have stepped up to carry it.

"This is crunchtime before the session starts," Stollenwerk said. "If no legislator steps forward, we will try to amend a bill midstream to get it in somewhere."

Reaching out

OpenCarry.org kicks off its Texas campaign Tuesday with the message "We don’t hide our colors, do we?" in Fort Worth, Dallas, Houston, San Antonio and Austin.

The ad encourages Texans to sign an online petition asking lawmakers to make Texas an open-carry state.

"We believe that law-abiding Texans should be free to proudly enforce their rights," the radio ad states.

Ian McCarthy of Dallas posted the online petition in November 2007. He said he forgot about it until http://www.opencarry.org" onclick="window.open(this.href);return false; picked up the effort this summer, and thousands of Texans began signing.

"It was just me trying to reach out to people," he said.

Carroll, a 48-year-old father of three, said many people’s fears about the concealed-carry law — shootouts at four-way stop signs, mayhem in the streets — haven’t come to pass. Similar fears about an open-carry law won’t either, he said.

"I just simply want to ensure I have self-protection if the need arises," Carroll said. "The same reason I wear my seat belt, carry a spare tire and have a working fire extinguisher."

Open carry Learn more about open carry or sign a petition urging Texas lawmakers to consider it at http://www.opencarry.org" onclick="window.open(this.href);return false;

[atxgun]

Ha, did not see this one coming. I don't know that I would be open carrying myself but it would be nice to not have to worry about getting busted for failure to conceal.

[CainA]

...but it would be nice to not have to worry about getting busted for failure to conceal.

picking nits but...

PC s46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.

-Cain

[flintknapper]

...but it would be nice to not have to worry about getting busted for failure to conceal.

picking nits but...

PC s46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.

-Cain

Good point...and one that has been discussed here many times. Problem is, who gets to decide what "intentional" is/was.

The answer of course, a jury or a judge...which means you are already deep into the legal system. Can't be fun or inexpensive.

[Charles L. Cotton]

...but it would be nice to not have to worry about getting busted for failure to conceal.

picking nits but...

PC s46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.

-Cain

That's not nit-picking, it's accurate reporting, unlike the article. It really burns me up when open-carry supporters from other states make statements that inadvertent exposure of your handgun in Texas is illegal. At least learn our laws rather than pointing out a non-existent problem. There is a very good reason why the statute only reads "intentionally" fails to conceal, rather than the traditional "intentionally, knowingly, or recklessly."

Chas.

[Charles L. Cotton]

Stollenwerk said a draft of a bill to allow open carry in Texas has been prepared.

While several Texas lawmakers have said they’ll support such a bill, none have stepped up to carry it.

"This is crunchtime before the session starts," Stollenwerk said. "If no legislator steps forward, we will try to amend a bill midstream to get it in somewhere."

I've made my feelings about open-carry known, but I will not oppose their efforts either openly or behind the scenes. However, if they try to amend one of our bills and tack on their stuff, I promise you it will fail! Our bills are very carefully drafted and I'm not going to let anyone screw one up and harm our chances of getting something passed. I hope this is just interview talk and not part of their battle plan. If it really is, they will be making a very big mistake and making an enemy they don't want or need. I'll stay neutral as long as they don't mess with our legislation.

Chas.

[atxgun]

There is a very good reason why the statute only reads "intentionally" fails to conceal, rather than the traditional "intentionally, knowingly, or recklessly."

Chas.

I'm just saying I'd rather not have to be in a situation where I'm having to try and convince someone an accidental failure was not intentional.

[CainA]

I'm just saying I'd rather not have to be in a situation where I'm having to try and convince someone an accidental failure was not intentional.

I wasn't picking on ya, I figured that's what you meant, and flint made a good point too, somebody gets to make the call, and you can bet your .45 it's not the CHL holder.

I just wanted to state the law on the point I made.

Personally, I could care less either way; I wouldn't open carry if it we're legal, but I get where you're coming from, at least you have the choice.

-Cain

[Piney]

Greetings--

I read over the opencarry.org website. Does their petition that contains 30k online signitures carry any weight ?

I'd have to agree with Chas-- trying to tag this onto legislation that could already be troublesome to get passed would be a mistake. I generally agree with the right of a *licensed* handgun carrier to choose, but not at the cost of other necessary "loosening" or "clarifying" legislation.

I dont belive I'd carry openly. For me , it gives up a tactical advantage as stated earlier. IMO, in most enviornments open carry would cause a good number of people to panic. It would be nice to not have to worry about the dreaded "failure to intentionally conceal" though.

[retrieverman]

I am not sure I would open carry if it were legalized, but I would like the option.

My fear is that pushing this issue might cause legislators to rethink concealed carry and try to take it away. Probably not, but it is still a concern.

[Skiprr]

I've made my feelings about open-carry known, but I will not oppose their efforts either openly or behind the scenes. However, if they try to amend one of our bills and tack on their stuff, I promise you it will fail! Our bills are very carefully drafted and I'm not going to let anyone screw one up and harm our chances of getting something passed. I hope this is just interview talk and not part of their battle plan. If it really is, they will be making a very big mistake and making an enemy they don't want or need. I'll stay neutral as long as they don't mess with our legislation.

"As Texans realize how restrictive their rights are . . . there will be an awakening. Get ready for a showdown in Austin come January," [said Stollenwerk].

I don't really care one whit or another about whether Texas allows open carry. Even in the states where it's legal, we've already seen numerous reports that far fewer people do it than might be expected. I won't go into all the very good reasons that's so, but I could envision very few circumstances I would open carry.

But what deeply concerns me is that we have issues that are important to Texans; issues that have been on the table for years and that failed to make it out of committee in the 2007 Legislature; things like the Parking Lot Bill, for one.

Who knows how the political landscape in Texas will look in two more years? We need to accomplish this session those issues that are most pressing to Texas. We don't need the important, focused, legislative agenda interrupted, confused, or diluted by Pierce and Stollenwerk deciding to "mess with Texas" from their Virginia homes in order to foster their own agenda and belief sets.

[Skiprr]

Okay. I promise not to comment, much...at least not right now.

The text of the canned letter OpenCarry.org has prepared and recommended all Texans send their state representatives begins this way:

Suggested Message

SUBJECT: Please sponsor legislation to restore open carry rights in Texas!

Dear Representative ________:

I ask you to sponsor legislation to restore the right of Texans to open carry holstered handguns. A draft of such a bill can be found at http://opencarry.mywowbb.com/forum51/17181.html....

I think we should all visit that link and read what OpenCarry.org is offering up as the example of the legislation they want to see.

I am not a lawyer...but then again, neither is Pierce or Stollenwerk. To me, however, this looks like someone spent about an hour reading and rewording what they felt was relevant...and that turned out to be nothing but §46 of the Penal Code. Mind you, even though this OpenCarry.org document is dated only one month ago, the "author" worked not from the currently published Texas Penal Code, but from the year-old interim documentation that includes annotations about the "newly" amended text that resulted from the 80th Legislative session.

These folks actually seem to be mobilizing, focused squarely on our backyard. And now that I've visited their site and read their "proposed legislation," I am becoming more concerned.

[dehalter]

My only response is:

FREEDOM!!!!!

[ScubaSigGuy]

I've made my feelings about open-carry known, but I will not oppose their efforts either openly or behind the scenes. However, if they try to amend one of our bills and tack on their stuff, I promise you it will fail! Our bills are very carefully drafted and I'm not going to let anyone screw one up and harm our chances of getting something passed. I hope this is just interview talk and not part of their battle plan. If it really is, they will be making a very big mistake and making an enemy they don't want or need. I'll stay neutral as long as they don't mess with our legislation.

I don't really care one whit or another about whether Texas allows open carry. Even in the states where it's legal, we've already seen numerous reports that far fewer people do it than might be expected. I won't go into all the very good reasons that's so, but I could envision very few circumstances I would open carry.

But what deeply concerns me is that we have issues that are important to Texans; issues that have been on the table for years and that failed to make it out of committee in the 2007 Legislature; things like the Parking Lot Bill, for one.

Who knows how the political landscape in Texas will look in two more years? We need to accomplish this session those issues that are most pressing to Texas. We don't need the important, focused, legislative agenda interrupted, confused, or diluted by Pierce and Stollenwerk deciding to "mess with Texas" from their Virginia homes in order to foster their own agenda and belief sets.

[Bunkins]

The whole idea of open carry doesnt settle to well with me.. Mostly because of causing panic in the general public, I think I'd be uneasy about it as well if I'm in a room with people who are open carrying handguns. I'd be on alert the whole time, which isnt a bad thing per say, but alertness can turn into panic easily. I've dated women in the past that were so scared of gun's they flipped out as soon as they saw one. Took a lot of time for them to get over that, even then they were still uneasy about them, even after I got them used to firing and handling them..

I wouldn't be against it, but I doubt I'd fight for it..