When did Texas lose open carry?

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radiotom

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Please give me the history of this. I have searched and can't the answer. How could such a supposedly gun friendly state lose this fundamental gun right?
 
I heard that around the '60s and such when the civil rights movement was underway, the Black Panthers were openly carrying shotguns and such and it made people uncomfortable, so the TX open carry bans came into effect. This may be completely untrue, but it's what I heard.
 
It had to do with recently freed slaves suddenly having the right to bear arms. It prohibited whites too, but the assumption was that they could carry concealed. It too was illegal, but the sheriff would probably just give you a slap on the wrist or let you go if white. If you were black, you were in for much worse treatment.

No, I don't have a source for this, but I remember reading it somewhere. It's similar to the reason that you need references for unrestricted carry in NYS. It's a way of denying rights to people.
 
I love TX, so don't anyone get upset with what I'm about to say:

I'm so sick of everyone thinking TX is the most Conservative and gun friendly state. It is full of Libs, yes not everywhere, but enough to make it rough on freedom loving individuals. Compared to the rest of the country they are doing ok, but they still have some work to do.
 
The first TX law against carrying a handgun (open or otherwise) was passed immediately (literally months) after the civil war.

The first case that I'm aware of that went to trial under the new law was an attempt to prosecute a freedman for carrying a pistol on a trip. He was eventually acquitted and that was the origin of the travel exception to carrying a pistol in TX.

The origins of gun control in the south typically date to the era immediately following the civil war. The initial idea, no doubt, was to selectively enforce them, but eventually that became impossible and then it became impossible to even admit that selective enforcement had ever been the goal.

Here's a revealing (and surprisingly frank) quote from the early 1940s made by a Florida Supreme Court Justice about a gun law in FL.

http://www.gunlaws.com/NoGunsForNegroes.htm

"The original Act of 1893 was passed when there was a great influx of Negro laborers into the state... The Act was passed for the purpose of disarming the Negro laborers... The statute was never intended to be applied to the white population, and in practice has never been so applied.”​
 
The first TX law against carrying a handgun (open or otherwise) was passed immediately (literally months) after the civil war.

The first case that I'm aware of that went to trial under the new law was an attempt to prosecute a freedman for carrying a pistol on a trip. He was eventually acquitted and that was the origin of the travel exception to carrying a pistol in TX.

The origins of gun control in the south typically date to the era immediately following the civil war. The initial idea, no doubt, was to selectively enforce them, but eventually that became impossible and then it became impossible to even admit that selective enforcement had ever been the goal.

Here's a revealing (and surprisingly frank) quote from the early 1940s made by a Florida Supreme Court Justice about a gun law in FL.

http://www.gunlaws.com/NoGunsForNegroes.htm

"The original Act of 1893 was passed when there was a great influx of Negro laborers into the state... The Act was passed for the purpose of disarming the Negro laborers... The statute was never intended to be applied to the white population, and in practice has never been so applied.”​
I have done a minimal research in the past. This was my finding as well.
 
Yes it does date back to Reconstruction. We've never been able to get the legislature to change it, but there's hope that next session..............:rolleyes:
 
Unfortunately a change in OC in Tx will likely just add to their unreasonable list of no gun areas.
I agree with post 9, Texans are saddled with their share of regulations and controls, they just have so far had a sympathetic political hierarchy from both parties. If it ever changes they might well get beat over the head with some of it.
I'd love to see OC and less restrictions in Tx.
 
The second Texas has OC some dudes will walk through suburbia plano with an OCed Glock 17 and 5 spare mags on the belt. Cops will get a lot of MWAG calls and the interactions will be posted on YouTube. Don't need that and don't miss that. Get your CHL, learn how to properly conceal and have a nice day.
 
A law is currently being passed that prevents those with their CHLs from being charged if they're CCing and they accidentally reveal their firearm. This is good, bc before, if you weren't properly concealed at all times, u could end up going to jail.
 
That's what Oklahoma did. Permitted OC.

The second Texas has OC some dudes will walk through suburbia plano with an OCed Glock 17 and 5 spare mags on the belt. Cops will get a lot of MWAG calls and the interactions will be posted on YouTube. Don't need that and don't miss that. Get your CHL, learn how to properly conceal and have a nice day.

Welcome to a free country! I don't like a lot of the laws that make us free either, but I am not the only one living here either.
 
This is good, bc before, if you weren't properly concealed at all times, u could end up going to jail.
While this is true, it would be a highly unlikely outcome. The old law was very specifically about "intentionally" not concealing so an accidental slip would be quite unlikely to get a person in trouble.

The new law is a good step, but given that I have not heard of anyone being prosecuted or arrested for accidentally failing to conceal, it's hard to know how much of a practical benefit it will actually provide.
 
The second Texas has OC some dudes will walk through suburbia plano with an OCed Glock 17 and 5 spare mags on the belt. Cops will get a lot of MWAG calls and the interactions will be posted on YouTube. Don't need that and don't miss that. Get your CHL, learn how to properly conceal and have a nice day.
Sorry, but I'll continue to argue for OC. It is a pain and too difficult to CC a decent combat pistol in a decent caliber.
 
The second Texas has OC some dudes will walk through suburbia plano with an OCed Glock 17 and 5 spare mags on the belt. Cops will get a lot of MWAG calls and the interactions will be posted on YouTube.
Oh and you forgot to mention that there would be blood running in the streets:rolleyes:
 
I want OC here in Texas but before it takes effect I want every LEO in the state fully informed and under penalty of losing their jobs if they bother folks about it. And I also mean chiefs getting canned and banned from the profession if they encourage harassment ie I am talking to You Plano PD.
 
I want OC here in Texas but before it takes effect I want every LEO in the state fully informed and under penalty of losing their jobs if they bother folks about it. And I also mean chiefs getting canned and banned from the profession if they encourage harassment ie I am talking to You Plano PD.
If police respond to a call about someone OC'ing, they are duty bound to investigate to an extent...whatever that may be. Hopefully you run into a more professional LEO that handles it with a little bit of tact, but depending on how it was called in, they might show up expecting something more.

I appreciate how CCW kinda avoids that whole mess :)

As a resident of TX, I would not be interested in open carry regardless of it's legality. I would still support it however if it came to a vote.
 
To my knowledge, the laws may have changed, but the only places OC is legal in Texas is property you own or are a legal employee of the owner. I'm sure someone will correct me if I'm wrong on this. But after having spent 20 plus years in Law enforcement and court administration, that was the law. However it could have changed, you know government, they can't leave anything alone.
 
Years ago, I OC'd on trails in Texas. I was also told that it was legal to have a loaded unconcealed handgun in your vehicle. Believe that is history now assuming I was told correctly in the first place. I usually had a loaded Colt Diamondback on my passenger seat when I was driving alone.

The origins of gun control was primarily a racial issue unfortunately. Glad that isn't legally the case anymore.
 
Make CC legal without a permit, problem solved.

Here in AZ no permit required for CC, same for OC. OC was always legal here in AZ, but when non-permitted CC law went into effect, the antis swore we would have river's of blood flowing in the streets. End result, never happened and crime rates dropped fast.
 
To my knowledge, the laws may have changed, but the only places OC is legal in Texas is property you own or are a legal employee of the owner.

There are a lot of exclusions mainly to do with Security, DOJ, Corrections, LEO Retirees, etc. etc. etc

but for your average Joe the following hunting exemption would probably be the only application. Unless your in the the liquor business which is an odd one.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm
..............
Sec. 46.15. NONAPPLICABILITY.

(a) Sections 46.02 and 46.03 do not apply to:
.................
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
........................

(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises;
 
If police respond to a call about someone OC'ing, they are duty bound to investigate to an extent...whatever that may be. Hopefully you run into a more professional LEO that handles it with a little bit of tact, but depending on how it was called in, they might show up expecting something more.

I appreciate how CCW kinda avoids that whole mess :)

As a resident of TX, I would not be interested in open carry regardless of it's legality. I would still support it however if it came to a vote.
That what I am talking about they need their Duty restricted. Neverous nellies who call in Man with a gun should be informed of the LAW and told to stop wasting the LEO'S Time.
 
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