Page 2 of 3

Re: Texas Surrounded!

Posted: Wed Apr 21, 2010 4:41 pm
by Mike1951
Fire1141 wrote:Any chance our great state will be oc in the future? Is this something that has even brought up to our law makers?
Yes, it has. But it was so poorly managed by an out of state group that it will likely be many years before it could be proffered again.

Please do a search for open carry and spend some hours reading the previous discussions.

Re: Texas Surrounded!

Posted: Wed Apr 21, 2010 5:28 pm
by C-dub
clbryant1981 wrote:I asked that when I took my CHL class and my instructor said that it had to remain concealed. (didn't state where they got that information) Reason being is that we still have to abide by Texas laws, as well as the other states laws, and our license is for conceal not open carry. I haven't researched to find out if that's true or not, but I'm not taking a chance.
There is no logical reason to abide by Texas laws while in Oklahoma or any other state. We must abide by the laws of the state we are in at the time. We don't like it when someone from outside Texas says, "that's not how we do it in **." And they don't like it when we do it in their state either.

For a state that allows OC with a CHL, CCW, or whatever then we can OC or CC if we have reciprocity. However, if a state does not allow CC, but does allow OC, they probably do not have reciprocity with Texas for CC, but OC would be okay.

Re: Texas Surrounded!

Posted: Wed Apr 21, 2010 8:32 pm
by Skiprr
Mike1951 wrote:Yes, it has. But it was so poorly managed by an out of state group that it will likely be many years before it could be proffered again.

Please do a search for open carry and spend some hours reading the previous discussions.
+1 Thank you, Mike.

Re: Texas Surrounded!

Posted: Wed Apr 21, 2010 9:50 pm
by boomerang
clbryant1981 wrote:I asked that when I took my CHL class and my instructor said that it had to remain concealed. (didn't state where they got that information) Reason being is that we still have to abide by Texas laws, as well as the other states laws, and our license is for conceal not open carry. I haven't researched to find out if that's true or not, but I'm not taking a chance.
I suggest you find a better instructor when it's renewal time. Perhaps one who knows the law.

Re: Texas Surrounded!

Posted: Wed Apr 21, 2010 11:02 pm
by nitrogen
I hope the TSRA pays close attention to how many businesses in OK post the 30.06 equivalent. I know that was one of their major reasons for not backing open carry earlier. Well, that, and their proponents are donkey's bottoms, too.

Re: Texas Surrounded!

Posted: Wed Apr 21, 2010 11:27 pm
by chabouk
Mike1951 wrote:
Fire1141 wrote:Any chance our great state will be oc in the future? Is this something that has even brought up to our law makers?
Yes, it has. But it was so poorly managed by an out of state group that it will likely be many years before it could be proffered again.
You mean the "out of state group" with many Texas members, who hunted high and low for Texans and Texas Representatives who would sponsor OC legislation?

The idea of OCDO as "a bunch of outsiders" is a straw man.

Re: Texas Surrounded!

Posted: Thu Apr 22, 2010 6:14 pm
by hirundo82
clbryant1981 wrote:I asked that when I took my CHL class and my instructor said that it had to remain concealed. (didn't state where they got that information) Reason being is that we still have to abide by Texas laws, as well as the other states laws, and our license is for conceal not open carry. I haven't researched to find out if that's true or not, but I'm not taking a chance.
Depends on the state.

Some states allow unlicensed open carry--no problem with a Texas CHL holder OCing there.

Other states allow open carry only with a permit (they call it a "Handgun Carry Permit" or something of the sort). Some of these states (I think Indiana is one) require reciporical permit holders to abide by the terms of their permit while in that state. That would arguably prohibit Texas CHL holders from OCing in that state since we are specifically prohibited (TPC §46.035(a)) from open carrying under the authority of the CHL.

Re: Texas Surrounded!

Posted: Thu Apr 22, 2010 6:53 pm
by tomc
Excaliber wrote:
shortysboy09 wrote:Here's a question I just thought of.

Let's say you went to visit one of these states that has reciprocity with Texas and it happened to be an open carry state. Does that mean that with your Texas CHL you could openly carry just like the people that hold CHL's from that state?

Also, do these states give you an option to conceal your handgun if you choose, or is it open carry or don't carry at all?
I am not a lawyer, but here's a layman's understanding of the answers to your questions.

If a state has an open carry law, you may carry openly there with or without a CHL from TX or any other state, subject to that state's restrictions on places where carry is not allowed.
Be careful where you go and try open carry. Some states, like Arizona and Virginia allow for open carry without any kind of license. Other states, like Indiana and Oklahoma, I believe, require a license to even open carry. I'm stating this from memory, but I know some states require a license even for open carry. Be careful and check the laws of the state you visit to make sure you are legal. Handgunlaw is the best source I can recommend.

Also, be careful in those states that allow licensed open carry. Texas issues a Concealed Hangun License, so to the best of my understanding, it would not be valid in a state that requires licensed open carry. You could open carry only in states where no license is required to open carry.

Re: Texas Surrounded!

Posted: Thu Apr 22, 2010 7:19 pm
by ScottDLS
hirundo82 wrote:
clbryant1981 wrote:I asked that when I took my CHL class and my instructor said that it had to remain concealed. (didn't state where they got that information) Reason being is that we still have to abide by Texas laws, as well as the other states laws, and our license is for conceal not open carry. I haven't researched to find out if that's true or not, but I'm not taking a chance.
Depends on the state.

Some states allow unlicensed open carry--no problem with a Texas CHL holder OCing there.

Other states allow open carry only with a permit (they call it a "Handgun Carry Permit" or something of the sort). Some of these states (I think Indiana is one) require reciporical permit holders to abide by the terms of their permit while in that state. That would arguably prohibit Texas CHL holders from OCing in that state since we are specifically prohibited (TPC §46.035(a)) from open carrying under the authority of the CHL.
I don't think this is true. Indiana, like Pennsylvania, allows licensed carry, open or concealed. If you have a recognized out of state permit (Texas CHL), you still carry in accordance with the laws of Inidana. TXPC 46.035 is not effective in Indiana. I searched the Indiana statutes and didn't find any support for the idea that you can't open carry with a reciprocal out of state license.

Re: Texas Surrounded!

Posted: Thu Apr 22, 2010 7:35 pm
by tomc
ScottDLS wrote:I don't think this is true. Indiana, like Pennsylvania, allows licensed carry, open or concealed. If you have a recognized out of state permit (Texas CHL), you still carry in accordance with the laws of Inidana. TXPC 46.035 is not effective in Indiana. I searched the Indiana statutes and didn't find any support for the idea that you can't open carry with a reciprocal out of state license.
Again, be careful with this with your Texas license. Its the same thing if you have a Non-SemiAuto license meaning you can only carry a revolver. Going to another reciprocal state means that you must conform to their carry laws within the limits of your issued license. In this example, lets say Oklahoma's license allows you to carry anything. Your Texas NSA license still would only allow you to carry a revolver in OK. Likewise, your Texas license also sould only allow you to carry a revolver concealed.

Waiting for an expert to clarify this issue

Re: Texas Surrounded!

Posted: Thu Apr 22, 2010 7:50 pm
by boomerang
tomc wrote:Your Texas NSA license still would only allow you to carry a revolver in OK. Likewise, your Texas license also sould only allow you to carry a revolver concealed.
Can you provide a cite for that statute? Or maybe case law?

Re: Texas Surrounded!

Posted: Thu Apr 22, 2010 8:42 pm
by Excaliber
tomc wrote:
Excaliber wrote:
shortysboy09 wrote:Here's a question I just thought of.

Let's say you went to visit one of these states that has reciprocity with Texas and it happened to be an open carry state. Does that mean that with your Texas CHL you could openly carry just like the people that hold CHL's from that state?

Also, do these states give you an option to conceal your handgun if you choose, or is it open carry or don't carry at all?
I am not a lawyer, but here's a layman's understanding of the answers to your questions.

If a state has an open carry law, you may carry openly there with or without a CHL from TX or any other state, subject to that state's restrictions on places where carry is not allowed.
Be careful where you go and try open carry. Some states, like Arizona and Virginia allow for open carry without any kind of license. Other states, like Indiana and Oklahoma, I believe, require a license to even open carry. I'm stating this from memory, but I know some states require a license even for open carry. Be careful and check the laws of the state you visit to make sure you are legal. Handgunlaw is the best source I can recommend.

Also, be careful in those states that allow licensed open carry. Texas issues a Concealed Hangun License, so to the best of my understanding, it would not be valid in a state that requires licensed open carry. You could open carry only in states where no license is required to open carry.
This is good info. I didn't know that some states require a license for open carry, and I never looked into it that far, since I always carry concealed and all the open carry states I have had occasion to research only required a license for concealed carry. Thanks for the clarification. It's definitely something that's important to be aware of if you're interested in carrying openly.

I personally favor Constitutional carry (no license required to carry either openly or concealed unless you're prohibited from owning a gun or plan to commit a crime with it) as practiced in Vermont, Alaska, and now Arizona.

Re: Texas Surrounded!

Posted: Thu Apr 22, 2010 9:34 pm
by hirundo82
ScottDLS wrote:
hirundo82 wrote:
clbryant1981 wrote:I asked that when I took my CHL class and my instructor said that it had to remain concealed. (didn't state where they got that information) Reason being is that we still have to abide by Texas laws, as well as the other states laws, and our license is for conceal not open carry. I haven't researched to find out if that's true or not, but I'm not taking a chance.
Depends on the state.

Some states allow unlicensed open carry--no problem with a Texas CHL holder OCing there.

Other states allow open carry only with a permit (they call it a "Handgun Carry Permit" or something of the sort). Some of these states (I think Indiana is one) require reciporical permit holders to abide by the terms of their permit while in that state. That would arguably prohibit Texas CHL holders from OCing in that state since we are specifically prohibited (TPC §46.035(a)) from open carrying under the authority of the CHL.
I don't think this is true. Indiana, like Pennsylvania, allows licensed carry, open or concealed. If you have a recognized out of state permit (Texas CHL), you still carry in accordance with the laws of Inidana. TXPC 46.035 is not effective in Indiana. I searched the Indiana statutes and didn't find any support for the idea that you can't open carry with a reciprocal out of state license.
But Indiana law appears to require you to comply with the terms of your permit when carrying in Indiana.

Indiana Code 35-47-2 Chapter 2. Regulation of Handguns
IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
(b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.
As added by P.L.311-1983, SEC.32.

Re: Texas Surrounded!

Posted: Thu Apr 22, 2010 10:05 pm
by hirundo82
Reading the Oklahoma bill, I'm unsure whether it allows permittees from other states to open carry if it is a permit for concealed carry only. My best guess is that a TX CHL holder would have to carry concealed since it is a permit to carry a concealed handgun only.

I don't think the OK legislature page allows linking directly to bills, but you can search for HB3354 here. Click on "Senate Floor" and scroll down to page 88.

Relevant section:
Section 1290.26
RECIPROCAL AGREEMENT AUTHORITY
The State of Oklahoma hereby recognizes any valid concealed or unconcealed carry weapons permit or license issued by another state. Any person entering this state in possession of a firearm authorized for concealed or unconcealed carry upon the authority and license of another state is authorized to continue to carry a concealed or unconcealed firearm and license in this state; provided the license from the other state remains valid. The firearm must either be carried unconcealed and in plain view or fully concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must disclose the fact that he or she is in possession of a concealed or unconcealed firearm pursuant to a valid concealed or unconcealed carry weapons permit or license issued in another state. Any person who is twenty-one (21) years of age or older having a valid firearm license from another state may apply for a concealed handgun license in this state immediately upon establishing a residence in this state.

Re: Texas Surrounded!

Posted: Thu Apr 22, 2010 10:14 pm
by ScottDLS
hirundo82 wrote:Reading the Oklahoma bill, I'm unsure whether it allows permittees from other states to open carry if it is a permit for concealed carry only. My best guess is that a TX CHL holder would have to carry concealed since it is a permit to carry a concealed handgun only.

I don't think the OK legislature page allows linking directly to bills, but you can search for HB3354 here. Click on "Senate Floor" and scroll down to page 88.

Relevant section:
Section 1290.26
RECIPROCAL AGREEMENT AUTHORITY
The State of Oklahoma hereby recognizes any valid concealed or unconcealed carry weapons permit or license issued by another state. Any person entering this state in possession of a firearm authorized for concealed or unconcealed carry upon the authority and license of another state is authorized to continue to carry a concealed or unconcealed firearm and license in this state; provided the license from the other state remains valid. The firearm must either be carried unconcealed and in plain view or fully concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must disclose the fact that he or she is in possession of a concealed or unconcealed firearm pursuant to a valid concealed or unconcealed carry weapons permit or license issued in another state. Any person who is twenty-one (21) years of age or older having a valid firearm license from another state may apply for a concealed handgun license in this state immediately upon establishing a residence in this state.
I found the Indiana cite you posted earlier and also see the one above. Neither is clear to me, so until I hear otherwise, I will plan to open carry in Oklahoma and Indiana under the authority of my (non-res) Pennsylvania License to Carry Firearms (PA PTCF). I still think there's a case that you could carry w/ TX CHL, but not confident enough to be the proverbial "test case".