Open Carry Article in Star Telegram

[Beiruty]

http://www.star-telegram.com/2010/05/22 ... g-for.html" onclick="window.open(this.href);return false;

Star-Telegram.com
Gun-rights advocates pushing for open carry law in Texas

Posted Saturday, May. 22, 2010

By ANNA M. TINSLEY

atinsley@star-telegram.com

Texas is considered to have some of the most permissive gun laws in the nation, but gun-rights advocates are making it one of their top political targets because it is one of a handful of states that don't allow handguns to be carried openly.

"It's shocking that Texas, with its history of rugged individualism that the state symbolizes, doesn't allow open carry," said John Pierce, a co-founder of and spokesman for http://www.OpenCarry.org" onclick="window.open(this.href);return false;. If the Legislature doesn't approve an open-carry bill when it convenes in January, "then we'll see them in 2013," Pierce said, referring to that session of the Legislature.

Texans have been able to get licenses to carry concealed handguns in most places since 1995. Gun-rights advocates say it's time to let Texans pack their pistols in full public view as well.

Texas -- where it's still not unusual in some areas to see shotguns and rifles on gun racks in pickups -- is one of seven states -- the others are Arkansas, Florida, Illinois, New York, Oklahoma and South Carolina, plus Washington, D.C. -- without an open-carry law.

This month, Oklahoma lawmakers overwhelmingly approved an open-carry bill, only to have it vetoed by Democratic Gov. Brad Henry. The battle there continues as the House fell just short Thursday in a vote to override the veto. Legislators say they may try another override in the closing days of their session this week.

To Marsha McCartney, it doesn't matter what other states do. She doesn't want Texas to expand its gun laws.

"If you see someone with a holster on, are you just to assume this is a law-abiding person?" said McCartney, state president of the North Texas Brady Campaign to Prevent Gun Violence. "Are you to assume this person is safe to be around your family? People don't know this.

"It's common sense thrown out a window."

The idea of open carry was discussed in the Texas Capitol in 2009 and is expected -- along with other measures to expand Texans' gun rights -- to come up again when lawmakers get back to work in January.

Days gone by?

In Texas, more than 65,000 people have signed an online petition asking Gov. Rick Perry and the Legislature to make Texas an open-carry state. Perry says he won't rule it out.

"The governor believes our concealed-carry law works for Texas and that a person ought to be able to carry their weapon with them anywhere in the state if they are licensed and have gone through the training," Perry's spokeswoman Allison Castle said. "He would be open to looking at any proposals lawmakers bring to the table regarding open carry. I suppose we've got what you could call a Texas open carry since you can hang your rifle in the window of your pickup truck."

More than a dozen states require a license for open carry -- Connecticut, Georgia, Iowa, Indiana, Maryland, Massachusetts, Minnesota, Mississippi, New Jersey, North Dakota, Rhode Island, Tennessee and Utah. Another dozen allow open carry but don't require licenses -- Alaska, Arizona, Indiana, Kentucky, Montana, Nevada, New Mexico, North Carolina, South Dakota, Utah, Virginia and Wyoming, according to http://www.OpenCarry.org" onclick="window.open(this.href);return false;.

California allows open carry only in rural areas; the other 16 states are defined as open-carry friendly.

"This is a return to days gone by," McCartney said. "I don't live in a community where I want to see people with holsters. I think others probably feel the same way.

"Where are we going to draw this line? Or are we going to carry them everywhere?"

Legislative push

Pierce said he and other open-carry supporters will start talking to Texas lawmakers soon to see who might be interested in carrying an open-carry bill. In 2009, they focused on state Rep. Debbie Riddle, R-Tomball, because she seemed the most receptive.

In the end, Riddle didn't carry the bill, nor did anyone else.

State Rep. Leo Berman, R-Tyler, a former Arlington mayor pro tem, said he would consider voting for the open-carry proposal if it got to the House floor, which he said isn't likely. But that would mean that the proposal had significant support from lawmakers and gun-rights supporters in Texas.

But he said two other bills -- one that would let those who were older than 21 and had the right license to carry concealed handguns on college campuses and another to let licensees keep concealed handguns in their vehicles at work -- will likely get the bulk of attention next session. He said he would support those measures, both of which died during the 2009 legislative session.

Alice Tripp, a lobbyist for the Texas State Rifle Association, said Texans lost the right to carry handguns openly, except on their own property, in the 1870s.

"Fifteen years ago, when Texas finally passed their concealed-carry license, it was a major coup," Tripp said, adding that about 400,000 Texans now have a license to carry concealed handguns. "The license is a success."

While the rifle association is working on the measures for guns on campuses and at work, the group would support pro-gun legislation -- such as open carry -- if it got to the House or Senate floor.

'Open carry makes sense'

Texans who signed the petition say they support open carry for various reasons.

"I'm a firm, long time believer in my 2nd Amendment right to keep & bear arms! I hope & pray that the open carry law comes to be in the state of Texas & I urge the powers that be in Texas to make it a law," Tolbert L. Parfnell wrote on the petition.

John Daniels wrote, "Criminals will not rob armed citizens if they SEE the citizen is armed."

Jason W. Traynham wrote: "C'mon Gov. Perry, COYOTES are bad in Williamson County too. ... Open carry makes sense, most are carrying anyway either legal or otherwise."

http://www.opencarry.org" onclick="window.open(this.href);return false;

http://www.txdps.state.tx.us/administra ... ecords/chl" onclick="window.open(this.href);return false;

ANNA M. TINSLEY, 817-390-7610

Looking for comments?

[gwtrikenut]

I can see both sides of this issue. But really do support open carry. If an officer was to see you open carrying, all he would have to do is ask, do you have a license to open carry? If you did, you would not have a problem showing your permit. If you did not, he would see the hesitation right away and take matters farther.
Open carry gets my vote. But that is just my two cents worth.

[Purplehood]

I can see both sides of this issue. But really do support open carry. If an officer was to see you open carrying, all he would have to do is ask, do you have a license to open carry? If you did, you would not have a problem showing your permit. If you did not, he would see the hesitation right away and take matters farther.
Open carry gets my vote. But that is just my two cents worth.

Open carry with a permit? I was thinking Open carry. Period. However, it is waaaaaay down on my list of rights to regain priority-wise.

[steve817]

I would support it. As long as I kept the right to carry concealed.

[PUCKER]

Not sure if this has been brought up - but with open carry - well, most folks would probably notice you carrying (hence, open carry)...I'm thinking that you'd see more places prohibit legal carry (via 30.06 signage and/or oral notice) due to the fact that they see you carrying and it would be on their radar. As it is now, alot of folks have no clue about what's required to prohibit legal carry (30.06) and alot of folks don't even have a clue that Texas has the CHL...with open carry, pretty much everyone would know...and quickly. Just my "small-brain" thoughts for the day.

[Purplehood]

Not sure if this has been brought up - but with open carry - well, most folks would probably notice you carrying (hence, open carry)...I'm thinking that you'd see more places prohibit legal carry (via 30.06 signage and/or oral notice) due to the fact that they see you carrying and it would be on their radar. As it is now, alot of folks have no clue about what's required to prohibit legal carry (30.06) and alot of folks don't even have a clue that Texas has the CHL...with open carry, pretty much everyone would know...and quickly. Just my "small-brain" thoughts for the day.

You are definitely not alone with that particular train of thought. Of course that is due to a public mindset that has pretty much been ingrained in Texans since the 1870's...

[SwimFan85]

To Marsha McCartney, it doesn't matter what other states do. She doesn't want Texas to expand its gun laws.

"If you see someone with a holster on, are you just to assume this is a law-abiding person?" said McCartney, state president of the North Texas Brady Campaign to Prevent Gun Violence. "Are you to assume this person is safe to be around your family? People don't know this.

Someone with a holster on? Like this?

[Elza]

Not sure if this has been brought up - but with open carry - well, most folks would probably notice you carrying (hence, open carry)...I'm thinking that you'd see more places prohibit legal carry (via 30.06 signage and/or oral notice) due to the fact that they see you carrying and it would be on their radar. As it is now, alot of folks have no clue about what's required to prohibit legal carry (30.06) and alot of folks don't even have a clue that Texas has the CHL...with open carry, pretty much everyone would know...and quickly. Just my "small-brain" thoughts for the day.

That is my concern as well. I have yet to see a 30.06 sign in the Sherman/Denison area. I would hate to see that change because Susie sees a gun and gets her panties in a wad.

OTOH, I like the idea of OC simply because it would make life easier. Hang it OWB under a shirt and if it shows, it shows. No fault, no foul. Hopefully when people start seeing guns on a regular basis they will stop paying attention to them.

Regardless I’ll support any change in the law that furthers our gun rights.

[OldCannon]

OTOH, I like the idea of OC simply because it would make life easier. Hang it OWB under a shirt and if it shows, it shows. No fault, no foul. Hopefully when people start seeing guns on a regular basis they will stop paying attention to them.

Regardless I’ll support any change in the law that furthers our gun rights.

I think this is the only reason I personally would want OC to be approved by the legislature, to prevent overeager law enforcement officers from nailing somebody whose shirt came untucked at the wrong moment (yes, I know "deliberately fails to conceal", but I personally don't want to pay all the fun fees just to explain that to the judge). My preference is that concealed carry is the rule and OC is the exception. Just my $0.02.

[Fangs]

The whole fear of 30.06 signs could easily be avoided by not having any sign that applies to open carry, only oral notice. I bet most anti's would be too sissy to tell the "guy with a gun" to leave because "he might go crazy and shoot everyone". Ironically it would force them to face their fears one way or another.

[Charles L. Cotton]

The whole fear of 30.06 signs could easily be avoided by not having any sign that applies to open carry, only oral notice.

That would never pass.

Chas.

[Douva]

I keep hearing people say, "I support open carry because I don't want some overly-zealous cop charging me with failure to conceal if my shirt rides up when I reach for an item on the top shelf at a grocery store." If that's the case, why not push for language that clarifies or expands upon the (already seemingly clear) "intentionally fails to conceal [emphasis added]" language in the Texas penal code? Why take on the whole open carry fight if all you really want is added legal protection for people who carry concealed?

[drjoker]

Well, Douva,

If the law says "intentionally" fail to conceal the handgun is illegal, then overzealous cops would arrest you and state that they don't know what your intentions are since they're not mind readers. So, you'd have to pay bail, pay for a lawyer, and waste valuable time. $5000-10,000 of lawyer fees later, you'd be found innocent in a court of law due to the grand jury not indicting you, but you're going to be $10,000 poorer and you'd also have wasted up to 74 hours (72 hrs for the weekend in jail because you don't have a bail bondsman phone number in your wallet + 2 hours of time with your lawyer). Oh, and if you're a doctor or other professional, then your lost time from work at $50-200 per hour would result in lost wages of up to $14,400 in lost wages. Basically, you're out $24,400 for doing something that is NOT illegal.

That's why I signed the petition for open carry even though I will NEVER open carry. Why NEVER? Open carry means you're going to have a "free gun" sign in neon shining on top of your head. Unless you have eyes in the back of your head, open carry means that someone will whack you in the back of your head with a 2x4 for your gun. Not good.

Anyways, unless you wanna be out $14,400 every time your T-shirt faces a breeze, I suggest that you sign the doggone open carry petition. Go to http://opencarry.org for further details.

Stay safe,

[Dragonfighter]

Well, Douva,

If the law says "intentionally" fail to conceal ...<SNIP>

That's why I signed the petition for open carry even though I will NEVER open carry. Why NEVER? Open carry means you're going to have a "free gun" sign in neon shining on top of your head. Unless you have eyes in the back of your head, open carry means that someone will whack you in the back of your head with a 2x4 for your gun. Not good.

Anyways, unless you wanna be out $14,400 every time your T-shirt faces a breeze, I suggest that you sign the doggone open carry petition. Go to http://opencarry.org for further details.

Stay safe,

I agree 100% with your (snipped) assessment and conclusion. But I haven't heard very many, or any for that matter, people getting conked on the head for their gun where open carry is prevelant.

[jester]

I agree 100% with your (snipped) assessment and conclusion. But I haven't heard very many, or any for that matter, people getting conked on the head for their gun where open carry is prevelant.

It happens 3-4 times a day to APD.