open carry

[freestoneflash]

Does anyone know of any of our legislators talking about bring up open carry of our chl license holders? I know that our (texas) CHL is better than some other states but I would still like not to arrested or threatened if I accidently had my weapon exposed. I would like to be able to carry on my belt with shirt covering. Any thoughts?

[Texas_Tactical]

Does anyone know of any of our legislators talking about bring up open carry of our chl license holders? I know that our (texas) CHL is better than some other states but I would still like not to arrested or threatened if I accidentally had my weapon exposed. I would like to be able to carry on my belt with shirt covering. Any thoughts?

Your not going to get arrested for your shirt accidentally coming up(see PC quoted below.) You can carry with it outside your waistband with a shirt over it just be sure it doesn't uncover your weapon easily.

"PC §46.035. 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."

I think if CHL holders had a choice of concealed or open carry it would be interesting. However I don't see it happening.

[03Lightningrocks]

It has been forever since I read a thread hashing over open carry. I wanted to post here so I can watch for the fireworks. WooHoo!

[srothstein]

I agree that you are not supposed to be arrested if you accidentally expose your weapon, like the wind blowing your shirt open. I cannot say it won't happen, but the law does require intentional failure to conceal.

Also, there was a bill introduced to allow open carry, but I don't expect it to get anywhere. I know it was mentioned in another thread but I can't think of the number off hand. Sorry.

[flintknapper]

I agree that you are not supposed to be arrested if you accidentally expose your weapon, like the wind blowing your shirt open. I cannot say it won't happen, but the law does require intentional failure to conceal.

Also, there was a bill introduced to allow open carry, but I don't expect it to get anywhere. I know it was mentioned in another thread but I can't think of the number off hand. Sorry.

^^^^^^^^^
There's the correct answer folks.



And....the open carry bill will go nowhere this session.

[jordanmills]

Yes. HB 2756 was introduced this month. It's currently in committee.

http://www.legis.state.tx.us/BillLookup ... ill=HB2756" onclick="window.open(this.href);return false;

[Texas_Tactical]

I glanced over this. It's doesn't necessarily look like an OC bill as it just looks like they removed the word concealed from the law.

[freestoneflash]

The open carry could be viewed as a deterent to the "stop & rob" where the bg goes in with weapon in hand and could have several weapons pointed in his direction; also if the bg went into a store to look it over and saw where there be armed people there ,he just might change his mind.

[Matt78665]

Open carry in the summer would be a bit cooler as well........

[jordanmills]

I glanced over this. It's doesn't necessarily look like an OC bill as it just looks like they removed the word concealed from the law.

It's licensed open carry. Makes the current handgun license allow open and concealed carry. It's not perfect, but it's another step toward where we need to be.

[03Lightningrocks]

The open carry could be viewed as a deterent to the "stop & rob" where the bg goes in with weapon in hand and could have several weapons pointed in his direction; also if the bg went into a store to look it over and saw where there be armed people there ,he just might change his mind.

Or it could cause the BG to shoot the guy wearing the sidearm first as an example of just how serious he is. Reading some of the open carry forums, the folks in open carry States swear up and down they hardly ever see anyone practicing open carry. That makes me wonder how the whole "deterent thing" works out.

My biggest concern is that places with no 30:06 signs may have no signs because the owners of the business aren't thinking about it all. Now make it an issue with a few folks walking in wearing guns and those very same store owners may decide they don't like guns walking around their shops.

[Oldgringo]

We expect to spend the summer in NW Montana. When we were there and in several other mountain west OC states in '08, the only OC we saw was LEO. We never saw any OC last fall in very rural southwestern NC or VA either.

It would be nice to have OC freedom, but it just ain't done on a large scale from what we've seen.

[freestoneflash]

I feel that the BG can also read and possible know that a store that has a 30.06 sign posted there would be the place to rob as you would not have an armed citizen to detere you. I am not looking to wear on my belt,gun-slinger style,but not have to be worried that my weapon might be exposed and have someone think I was fixing to rob; if exposed naturarly they wouldn't be as worried.

[Charles L. Cotton]

My biggest concern is that places with no 30:06 signs may have no signs because the owners of the business aren't thinking about it all. Now make it an issue with a few folks walking in wearing guns and those very same store owners may decide they don't like guns walking around their shops.

Unfortunately, HB2756 specifically changes the wording of TPC §30.06 such that a 30.06 sign would apply to both open-carry and concealed-carry. This is the worst case scenario that should have been avoided by leaving TPC §30.06 alone and simply not addressing open-carry and letting the generic "no guns" signs be sufficient for prohibiting open-carry.

This isn't really freshman Representative Lavender's fault, since he didn't draft the bill. A former (banned) Member of TexasCHLforum claims to have written it and I suspect this is true.

Chas.

[jordanmills]

My biggest concern is that places with no 30:06 signs may have no signs because the owners of the business aren't thinking about it all. Now make it an issue with a few folks walking in wearing guns and those very same store owners may decide they don't like guns walking around their shops.

Unfortunately, HB2756 specifically changes the wording of TPC §30.06 such that a 30.06 sign would apply to both open-carry and concealed-carry. This is the worst case scenario that should have been avoided by leaving TPC §30.06 alone and either establishing a separate sign for open-carry, or simply not addressing open-carry and letting the generic "no guns" signs be sufficient for prohibiting open-carry.

This isn't really freshman Representative Lavender's fault, since he didn't draft the bill. A former (banned) Member of TexasCHLforum claims to have written it and I suspect this is true.

Chas.

From my reading of it, the 30.06 sign would apply to licensed open carry even if it weren't changed. The only way to prevent that would be to create a separate license under a separate code for licensed open carry. It does not apply to unlicensed open carry. This is definitely not a worst case scenario.