Open Carry in Texas

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guess I forgot that the TSRA are gods of texas guns and politics.
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Yeah I am a big fan of the TSRA and I think they have done some good things but they have been way too silent on open carry for my tastes so I am glad someone else is working on it.

I've talked to TSRA folks several times over the last few years and open carry has gotten a lukewarm reception to say the least. They just don't seem interested in it for the moment, even with a Governor that says he thinks its a good idea to have both open carry and carry in schools.

That's a missed opportunity in my opinion, and my contributions to TSRA will reflect their missing it.
 
I've already decided that currently a TSRA membership is just out of the question....for now. I'd hate to see TSRA attempt to scuttle our open carry legislation like the NRA tried to do with Heller.
 
There is no need to explain why we need the right to keep and bear arms. It is a fundamental right and recognized in the Constitution. The Founders explained it better than I can.

We need concealed carry so that you don't get arrested if your shirt tail accidentally covers your gun.

We need open carry so that you don't get arrested if your shirt tail doesn't quite cover your gun.
 
On openly carrying on private property in Texas someone wrote:
If you are out on the "open range" here, or riding a horse, you are likely on private property, where open carry is quite alright.
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M'friend, I'm not sure I agree with you. According to the Texas Penal Code:
Sec. 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 if the person is not:
(1) on the person's own premises or premises under the person's control
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There are other reasons why a person might be nominally guilty of the offense of "UNLAWFUL CARRYING WEAPONS" but the answer given earlier is clearly not correct. Unless it is on your own property, knowingly, intentionally or recklessly carrying a handgun - without a CHL - is an offense under Texas law. It is a class A misdemeanor worth up to a year in county lockup, $1k fine or both. It becomes a 3rd degree felony (2-10 and/or $10k) if it is "on any premises licensed or issued a permit by [Texas] for the sale of alcoholic beverages." Not sure how we get to carry on a firing range but I never get stopped by any of the LEOs I run into there.

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Cyborg
Burying your head in the sand only makes your a** a better target.
 
The rumor is that open carry will be submitted and it will require a license. If you feel that a right should not require a license, you need to call your reps and senators to demand that no license is required.
 
I'm all for it.

I would prefer concealed carry, but I'd like to have the ability to open Carry as well.

The more gun rights we are afforded, the better.
 
The rumor is that open carry will be submitted and it will require a license.
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I have yet to hear for certain that any legislation will be introduced at all.

What is your source for this rumor if I may ask?

Can't really call my reps and demand changes if there is no bill introduced first.
 
What is your source for this rumor if I may ask?
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my reps chief of staff, in direct contact with me. No bill has been introduced yet, this is still all being researched, but i'm told this is what Todd Smith, and others, are leaning towards

TXrifleman, is Lon Burnam your rep?
 
I have been concealing for years now, however, I was recently hired as a police officer, so I open carry all of the time. I keep my badge in my pocket and not on my belt like many officers. I really like to open carry and I hope it is approved in Texas.
 
Sec. 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 if the person is not:
(1) on the person's own premises or premises under the person's control
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Thanks for the heads up. I don't know the legalities of "under the person's control" but I know that on almost all of our leases the owners encourage carrying a revolver to shoot the hogs. Since we are paying to use the property and we have keys perhaps the property is considered under our control.

I guess my question is, what is "under control?"
 
Well I wrote to the TSRA and asked them why they are not supporting the open carry movement and here's the response I got from them.

Mr. _____,

The legislation you refer to has only been talked about at this point.
There is no pre-filed legislation, and the only lawmakers who have mentioned
the proposal out loud have been ones opposed to it. We have yet to find a
single lawmaker who is willing to introduce such a bill.

I wish the people at OpenCarry.org would do more than talk about this issue.
For the cost of the billboards they have put up around the state, they could
have hired a contract lobbyist to help with this issue. According to the
Texas Ethics Commission, they have not yet hired (at least not yet) anyone
to represent this issue in the capital.

Philosophically, we have absolutely no problem with this issue. However, in
the current climate in Austin (made worse recently) it will be, at best,
exceedingly difficult to pass this measure, and most likely it will be
impossible. There simply is no support for it in the legislature. We have
identified issues such as campus carry and CHL rights in employer's parking
lots that we believe we have a significant chance to pass, and we had both
issues examined in an interim study.

The open carry issue will have a much greater chance of passage if an
interim study was sought prior to the 2011 session, and a committee were to
recommend some form of change. I realize that waiting another couple of
years is difficult. However, Jerry Patterson (the author of the Concealed
Handgun Law) is quick to point out that it is far easier to fix or tweak an
existing law than it is to write an entirely new one.

On a final note, as a way of explanation of how difficult passing open carry
will be, keep in mind that what is being proposed is absolutely
unprecedented. There is no instance in US political history that I am aware
of, that a law like the one Texas has has been repealed. States currently
enjoying open carry do so because their legislature never passed a law
forbidding it. Texas did in 1871, and reversing that law will be
exceedingly difficult.

Again, I am not opposed at all to this measure, but I am concerned about a
measure with little or no chance of passage proving to be a draw on
resources and political capital, as well as spurring opposition forces into
stronger action this year in Texas.

Jim Dark
Executive Director
TSRA
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of course there has been no prefiled legislation, it's not been introduced yet.

We are doing more than talking, billboards, and radio ads. Screw 'lobbyists', this is a people issue, a rights issue. We've already got at least 3 reps considering it and there are only 12 people from texas in opencarry.org actively working this issue.

We are not rewriting an entire law, we're trying to abolish an existing one. It takes little to eliminate a prohibition. It only takes perseverance.

This is the damned problem with most people. They like something, but because it matters little to them (since they are already exercising their little government granted permission slip), they'll let it linger while others work hard on the issue. But because MAJOR organizations aren't pursuing it, it must be wrong.

THIS is why the anti groups will devour all of our rights, you all don't give a damn.

PM me Mr. Darks email, if you would be so kind.
 
New Mexico is an open carry state, but I dont see much of it. They frown on it in my workplace. :confused: IMO though its not first choice. CC is better and I am in the process of getting my permit. Til then I only carry legally.
 
TX and AR limited open carry

Both states are limited as far as open carry...generally sports shooting, hunting, fishing, or traveling/journey, going to and from sporting activities. None of these requires a license from the state. Not great but it is not totally against the law to openly carry a handgun...and what is better than a lot of places you can open or conceal carry a long gun without paying the government and Texas legalized carrying a handgun in a car without a license, whether or not you are truly 'traveling'.

I would rather have the goofy limits elimited where I can carry a handgun concealed with a license than have the same limits with open or concealed carry. Why should i be limited where I carry when i've been fingerprinted, taken a class, and paid a good chunk of change to a state govt? Even in Mass. you can carry generally wherever you want, except schools. Alabama and New Hampshire, you can carry anywhere legally, including schools. Neither state requires a special 'class'.
 
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