Texas Petition - Open Carry


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mbt2001
March 28, 2008, 11:52 AM
I came across this petition and thought I might post it in case some of you folks haven't signed it... I do wonder if we shouldn't take the text of this petition and each of us mail them to our elected representatives in Texas.

In any event, I am printing and mailing this to my reps... I hope that all of you do the same, and might as well sign this petition too.

http://www.petitiononline.com/texasoc/petition.html

To: Texas State Legislature and Texas Governor Rick Perry

We hold that all citizens who may lawfully purchase a handgun be allowed to carry openly in public in the State of Texas except for those places prohibited by law. We also call for state preemption of all handgun laws concerning open carry in Texas.

1. Every individual has the right and responsibility to defend their self against unjustified threats of death or serious bodily injury.

2. The Constitution of the United States guarantees the right of individuals to keep and bear arms.

3. Criminals are not deterred by rules, regulations, and laws forbidding the possession of weapons. A man bent on mass murder will not be stopped by a rule forbidding him to have a gun.

4. It is well known that the requirement to conceal a handgun for the purpose of protecting self, friends, and family can be difficult especially in Texas with our extreme heat since a person will usually have to wear a jacket to properly conceal a handgun and to avoid "printing."

5. The requirement to conceal a handgun can make it difficult to draw the weapon should the life of the carrier or the life of someone else be in danger.

6. A criminal will not open carry a weapon because he does not want to draw attention to himself. We believe that a citizen openly carrying a handgun lawfully will be a deterrent for crime.

7. Ten states including Arizona, Alaska, Idaho, Kentucky, Montana, New Mexico, South Dakota, Virginia, Vermont, and Wyoming all allow open carry of handguns without a license. Twelve states including Connecticut, Indiana, Iowa, Georgia, Maryland, Massachusetts, Minnesota, New Jersey, North Dakota, Rhode Island, Utah, and Tennessee allow open carry of handguns with a license. In fact, Texas is one of only SIX states in the entire United States that completely bans open carry of handguns.

8. In these states, Open carry is very common and it does not alarm law enforcement or other citizens.

For the foregoing reasons, we residents of the State of Texas affirm and assert that all citizens who may lawfully purchase a handgun be allowed to carry openly in public in the State of Texas except for those places prohibited by law. We also call for state preemption of all handgun laws concerning open carry in Texas.

Sincerely,

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Quoheleth
March 28, 2008, 12:02 PM
I'm just checking...this would seek to do away with needing handgun permits (i.e. anyone, even without a permit, can carry)? Or just with "Concealed" carry permits?

mbt2001
March 28, 2008, 12:09 PM
My understanding is open carry without a permit, as permited in other states.

I would be for a "rider" to your CHL, that allowed for open carry, but if you shoot for the moon, you're bound to get off the ground. So we take the "unrestriced" approach and are bound to get something.

TexasRifleman
March 28, 2008, 12:25 PM
Well since no legislator has actually submitted a bill yet it could be either way.

Until someone proposes a bill on this we'll not know.

Where are the Ron Paul people? Has he submitted a bill to start this?

Not that he can do it now since the lazy ass Texas Legislature only meets every other year....... :evil:

Mainsail
March 28, 2008, 12:42 PM
Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

OK, why do you need a law that allows open carry? What law forbids it? Everyone says it's illegal but has anyone challenged the open carry laws in the courts?

TexasRifleman
March 28, 2008, 01:01 PM
What law forbids it?

Texas Penal Code 46.02

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if the person intentionally, knowingly, or
recklessly carries on or about his or her person a handgun, illegal
knife, or club

unless

(1) on the person's own premises or premises under the
person's control

Pretty clear but no one has challenged it that I know of.

That statute covers both open and concealed carry. The concealed permit portion gives an exception of course.

Mainsail
March 28, 2008, 01:17 PM
Thanks TR, I had always heard it was illegal but never saw the law. The two would seem to be in direct contradiction with each other; that law and the Texas Constitution. I think challenging that law in the courts would be a better route to open carry than trying to get a bunch of politicians to act on it. Even if they do, they’ll just screw it all up and you will only be allowed to OC in so few places it won’t be worth it.

TexasRifleman
March 28, 2008, 01:27 PM
Every time it's come up as being against the Texas Constituiton we're shown:

but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

Well, OK that pretty much kills it from that angle, or has in the past.

It's not something I think we're going to win in the courtroom, this is going to take Legislation to legalize open carry, plain and simple.

Mainsail
March 28, 2008, 02:06 PM
I’ll agree that the phrase, “…with a view to prevent crime” is somewhat ambiguous, but I don’t see how a bar on open carry can prevent crime. Besides, prohibiting open carry doesn’t seem to be a method of ‘regulating’ the wearing of arms. I’m not arguing with you, after all, you live there, so I’ll defer to your knowledge of the subject. Nevertheless, I don’t think the law would be able to stand up in the state supreme court.

wdlsguy
March 28, 2008, 02:17 PM
Umm, Ron Paul is a member of the U.S. House of Representatives, not the Texas House of Representatives...

TexasRifleman
March 28, 2008, 02:31 PM
I’m not arguing with you, after all, you live there, so I’ll defer to your knowledge of the subject.

Oh I don't agree with it at all, that's just been the argument made against it when it's come up.



mm, Ron Paul is a member of the U.S. House of Representatives, not the Texas House of Representatives...
__________________

Oh lol, yeah you're right. I forgot hah hah

Well he should get his buddies to do it ;)

springmom
March 28, 2008, 02:44 PM
Might try Debbie Riddell, down here in Houston. She's pretty good on RKBA, although I don't know that she'll carry the ball on this. But it's worth a try.

Keep in mind that the legislature will convene in 2009, and anything we want on that docket needs working on NOW. Make it an issue with your local representatives, write the candidates of both parties and get their views. If we wait until January '09, the legislative agenda will have been set and it will be too late.

Springmom

mbt2001
March 29, 2008, 12:53 PM
If all the Texans on this board sent in the above with a reference to the link, and then we all pushed our like minded friends and family and got the Texas Rifle Association on board and the NRA, we would be able to affect the change.

TexasSkyhawk
March 29, 2008, 02:13 PM
If all the Texans on this board sent in the above with a reference to the link, and then we all pushed our like minded friends and family and got the Texas Rifle Association on board and the NRA, we would be able to affect the change.

I'll do you even one better--

IF all the Texans, period, who own guns were members of the TSRA and NRA, we'd get whatever we want, whenever we want.

Even BETTER--

IF all of the Texans, period, who own guns became members of the TSRA. . . AND the TSRA decided to make Texas the #1 Pro Gun State in the entire country, we could identify each and every anti-gun representative, senator, county commissioner, justice of the peace, constable, sheriff and judge in thi state and REPLACE them with TSRA members.

That is entirely in the realm of easily possible. . . BUT ONLY if all Texans who own guns join the Texas State Rifle Association and make that push.

Hell, I'd come out of retirement from my advertising and marketing agency days to help TSRA pull this off--what's more, I'd DONATE my time and efforts to TSRA to help pull this off.

I'd love to see all our hanky-waving liberals run screaming back up north or to ********** where they all came from. Wouldn't mind replacing them with good conservative gun-loving yankees.

After all, to paraphrase John Steinbeck, "Texas is a state of mind and Texas IS its own nation."

Jeff

loadingzone
April 8, 2008, 04:30 PM
Go take a look at www.neaju.com. They're not a blog or forum, but a citizen jounalism site. The only one with NO editorial control....what you publish the put up exactly as you wrote it. It just has to be factual news, not opinion.

They have something called a News Channel where, for example you could have a 2nd Amendment Channel. Everyone could read the articles on it but the person who set up the Channel controls who can POST to it.

You could even do an article on THR which they could link to there Press section. Or any other group or organization.

I'm big into the first AND second amendments and since the "mainstream press" isn't helping us, a CJ site like Neaju could: especially since they're the only ones with no editorial control and they post everything published (except pornography, blatent advertising and stuff like that.) Go to www.neaju.com and click on "What is Neaju" on the blue banner.

Every bit of ACCURATE NEWS on gun rights counts!

loadingzone
April 8, 2008, 04:35 PM
I'm a Texan and I have a CHL. With the new "Castle Doctrine", our gun rights are even better. I'd like open carry and signed the above...and posted their address on DIGG.....and blogged it. It's common sense.

What I don't get, is it Arizona, that lets everyone carry open, but if you want to carry concealed, then you need to get a permit? What's the logic behind that?

nalioth
April 8, 2008, 05:04 PM
If you do this, I suggest you write your own letter (you can use the above content) on paper and send it to your representative.

Politicians equate online petitions to spam. "No thought behind it, John Smith just had to click "Send"" and "Those folks can hit "Send" as many times as they want to." Almost none of them take them seriously.

loadingzone
April 9, 2008, 01:19 PM
I have an ongoing email relationship with my Representative. I will right him. Thanks......and he reads my blog too.

btucker1947
April 22, 2008, 10:23 PM
Yea MBT , I signed it. There is no reason not to have an open carry in Texas.

I got a CCW in (upstate) New York in 1975; before I came to Texas. I could carry my weapon in an open holster, there in New York state,
(but not the city, where you would need it most)

They required me to turn in the CCW license, when I found out where Texas was,;..cause I wouldn't go back..:D

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