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HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Fri Mar 06, 2015 10:33 am
by K5GU
This one caught my attention this week. It would amend the disorderly conduct code (PC 42.01) to strike the following:
"(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;"
http://www.capitol.state.tx.us/BillLook ... ill=HB2445
Re: HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Fri Mar 06, 2015 10:36 am
by G.A. Heath
Yep, we knew this one was coming.

Re: HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Fri Mar 06, 2015 12:19 pm
by TresHuevos
G.A. Heath wrote:Yep, we knew this one was coming.

So, does it have a chance?
Re: HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Fri Mar 06, 2015 12:47 pm
by MechAg94
That sounds like something that would be enforced or applied arbitrarily.
Re: HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Fri Mar 06, 2015 1:47 pm
by G.A. Heath
MechAg94 wrote:That sounds like something that would be enforced or applied arbitrarily.
The text he quoted is to be stricken from the current penal code. And it is already abused.
TresHuevos wrote:G.A. Heath wrote:Yep, we knew this one was coming.

So, does it have a chance?
Charles is the one to ask on that, I personally feel we need to get it passed. Especially if open carry passes.
Re: HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Fri Mar 06, 2015 1:55 pm
by C-dub
Wouldn't this be necessary if they anticipate open carry in any form passing? Or maybe not necessary, but to help eliminate it being abused even more after the passage of OC.
Re: HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Fri Mar 06, 2015 2:56 pm
by Ruark
It's a good idea, because otherwise it would certainly be abused. This is another route to the protection included in the unlicensed carry bill, HB195, which states that a cop can't detain you for the mere act of carrying a weapon in a peaceful manner. Since HB195 is dead in the water, maybe this will do it. It's probably inevitable that some will raise the objection, "this would allow somebody to go walking around pointing his gun at people."
Re: HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Fri Mar 06, 2015 3:45 pm
by K5GU
I'm not saying I'm for or against HB 2445, but the words "..in a manner calculated to alarm" is the key in the context of "disorderly conduct", and then If a licensed open carry bill passes, such as SB17 or HB910(as introduced), it will be an offense if the handgun is not in a holster.
Re: HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Fri Mar 06, 2015 3:51 pm
by K5GU
Tip: When you click on the URL link to read the bill, when you see text that has a line through it means that text would be removed from the statute if the bill passed. You probably already know this, but I'm just saying...
Re: HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Fri Mar 06, 2015 4:58 pm
by MeMelYup
This looks more like a clean up bill fron 2013's legislation.
Re: HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Fri Mar 06, 2015 6:00 pm
by Charles L. Cotton
This bill is necessary 1) in case open-carry passes; and 2) to stop abuse that results from ill-advised long gun demonstrations.
As GA Heath said, this was planned.
Chas.
Re: HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Fri Mar 06, 2015 6:14 pm
by mojo84
K5GU wrote:I'm not saying I'm for or against HB 2445, but the words "..in a manner calculated to alarm" is the key in the context of "disorderly conduct", and then If a licensed open carry bill passes, such as SB17 or HB910(as introduced), it will be an offense if the handgun is not in a holster.
Are you worried about the language you referenced being deleted?

Re: HB 2445 Introduced. Amends Disorderly Conduct Statute
Posted: Sat Mar 07, 2015 9:53 am
by K5GU
mojo84 wrote:K5GU wrote:I'm not saying I'm for or against HB 2445, but the words "..in a manner calculated to alarm" is the key in the context of "disorderly conduct", and then If a licensed open carry bill passes, such as SB17 or HB910(as introduced), it will be an offense if the handgun is not in a holster.
Are you worried about the language you referenced being deleted?

Nope. I kinda like the bill. I'm worried that some people might think the amendment would 'allow someone to walk around pointing a gun..'.
And I think Chas. is right. The amendment greases the skids for holstered open carry bills if passed.