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Open Carry in texas
Posted: Thu Jan 20, 2011 3:28 pm
by Gunsmoke
Has anyone heard any news lately in regards to legalizing open carry in Texas? Texas not having open carry is nationally embarrassing.

Re: Open Carry in texas
Posted: Thu Jan 20, 2011 3:45 pm
by cbr600
Re: Open Carry in texas
Posted: Thu Jan 20, 2011 5:07 pm
by carlson1
You can use the Forums "search" and find a wealth of information. The pros and cons. Welcome to the forum!
Re: Open Carry in texas
Posted: Thu Jan 20, 2011 7:41 pm
by dac1842
First let me state I am very pro 2A. However I personally do not want to see open carry, unless the same law prohibits businesses from prohibiting concealed carry. Here is why. RIght now with CHL we have the luxury of out of sight out of mind, no one gets excited or offended on what they do not know. If we go to open carry and folks in restraunts and other establishments start complaining I am afraid you will see more and more business caving in and banning any kind of carry.
When that happens then many concealed carry advocates will get mightly upset at the open carry advocates. I also feet that open carry needs to be licensed as well to ensure folks go through the background check and what minimal training it is.
Re: Open Carry in texas
Posted: Thu Jan 20, 2011 8:54 pm
by PATHFINDER
The word is that Texas House Rep. George Lavender of Texarkana is drafting a bill to be filed soon. I have no information beyond that. The cracker-barrel discussion on the topic would suggest that a logical approach would be to start with 46.035(a) being either deleted entirely , or amended with a qualifying reference to Title 9, Section 42.01 (a) (8) ".....and intentionally fails to conceal the handgun in public in a manner calculated to alarm." This would focus legislative concerns addressed in 46.035 (a) - "with a view to prevent crime" - squarely on the criminal offense of disorderly conduct.
Given that a handgun lawfully carried in plain view for the purpose of self- defense in case of confrontation is now a federally protected fundamental civil right in the 50 United States (which includes Texas), subject only to certain reasonable restrictions, the unqualified provision of 46.035 (a) is patently unconstitutional. Resolving this conflict need not be an excruciating endeavor, at least for those who understand that a fundamental substantive civil right like the right guaranteed under provision of the 2A is not subject to licensing ( Murdock v The Commonwealth of PA).
Re: Open Carry in texas
Posted: Thu Jan 20, 2011 9:16 pm
by cbr600
Well, if we're going to have the same old emotion-driven conversations yet again...
dac1842 wrote:If we go to open carry and folks in restraunts and other establishments start complaining I am afraid you will see more and more business caving in and banning any kind of carry.
Open carry wasn't a problem in North Carolina. It's a shame you're afraid of so many antigunners in Texas who would overreact.
Re: Open Carry in texas
Posted: Thu Jan 20, 2011 11:27 pm
by BrianSW99
PATHFINDER wrote:
Given that a handgun lawfully carried in plain view for the purpose of self- defense in case of confrontation is now a federally protected fundamental civil right in the 50 United States (which includes Texas)
I don't think that's exactly what the Supreme Court said. It's my understanding that they primarily addressed owning a firearm for protection in your home. Is there something I missed?
Re: Open Carry in texas
Posted: Fri Jan 21, 2011 12:03 am
by The Annoyed Man
Re: Open Carry in texas
Posted: Fri Jan 21, 2011 12:09 am
by cbr600
Re: Open Carry in texas
Posted: Fri Jan 21, 2011 6:28 am
by Skiprr
I have to agree with TAM.
Topics regarding open-carry in Texas already exist on this Forum.
I can't see justification to warrant duplicate discussion, so I'm locking this one.