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Open Carry, TX. style

Discussion in 'Legal' started by calaverasslim, Apr 13, 2015.

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  1. Midwest

    Midwest Member

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    How soon can the Governor sign it?
    When would he sign it?
    When would the law take effect?
    Is a congratulations now in order?


    Thanks for all the great reporting y'all did! I felt like I was at the edge of my seat at times. This has been one of THR's most exciting and engaging threads ever. Thanks to all who participated.
    .
     
  2. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    1) Not sure
    2) He tweeted he had his pen ready about 15 minutes after it passed the Senate
    3) January 1, 2016
    4) It is - though we still have another major push (SB11 - Campus Carry) that is facing stiff resistance.
     
  3. Deltaboy1984

    Deltaboy1984 Member

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    Effective 2016 Praise the Lord.
     
  4. woerm

    woerm Member

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    2016? effective date?

    Why not Sept like everything else they do?
     
  5. wally

    wally Member

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    Good question, but let's take what we can get and improve it later, one step at a time like with the CHL law.
     
  6. Red Wind

    Red Wind Member

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    Congratulations,Texans! I'm glad I was wrong. Now if only Florida can join you and get back the open carry we lost in 1987.

    It's going to be a mighty struggle, even a with very pro gun Governor and overwhelmingly GOP dominated legislature.
     
  7. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    They changed the mandated CHL training requirements to include retention training but as I understand it, the CHL training is updated annually in January, not in September. I'm not sure of the details but it was basically to accomodate CHL instructor training on the new requirements.
     
  8. BK

    BK Member

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    After New Years, are you guys still bound to only a belt or shoulder holster for permitted OC?

    Is LE prohibited from stopping/searching/verifying CHL at the sight of open carry?

    Thanks.
     
  9. J.E. Walker

    J.E. Walker Member

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    After New Years, are you guys still bound to only a belt or shoulder holster for permitted OC?

    Is LE prohibited from stopping/searching/verifying CHL at the sight of open carry?

    Thanks

    Yep and nope. The law specifies that open carry requires a belt or shoulder holster. The prohibition against law enforcement asking to verify permits was carved out of the legislation in joint committee. Otherwise the bill was not going to get through the legislature.
     
  10. JRH6856

    JRH6856 Member

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    OC in belt or shoulder holster only.

    LE is only prohibited by the 4th amendment and persuasive but non-binding case law from the 4th and 6th circuits. (It may not take long for that to change as there are already a couple of cases working their way through appeals arising from the open carry of long arms.)
     
  11. xxjumbojimboxx

    xxjumbojimboxx Member

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    Fellas, let us all breath for just a moment and pour a glass of our finest. Indeed we have attained victory today. Thank you everyone who pressed your elected officials daily, and thank you all for hanging out with us in this thread. What a roller coaster it was. But were not done. Hopefully we can move campus carry through and in the next session we can push for even more.

    Now get out there, buy yourself an expensive rig, wait hard until January one, Slide a big shiny revolver in that holster and take yourself a stroll. Because you earned it. Be nice to Arties goons when they hassle you.. comply... but politely remind them that what their doing is illegal based on the 4th ammendment. Document it.. video it... Log it. And we can get that fixed next time. :)
     
  12. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    There is 5th circuit precedent (United States v. Roch 1993) that is not directly on point but helpful to us. In that case, the 5th Circuit ruled that absent a reasonable suspicion the arrestee was a convicted felon, possession of firearms alone was not enough to justify reasonable suspicion of a crime.

    But as mentioned above, if you think you are being harassed for open carry, document the incident as best you can (keep any citations, write down your own recollections, etc.) and let TSRA know. If we all do that, it can help make clear patterns of harassment that an individual arrest might not expose.
     
  13. tarosean

    tarosean Member

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    Stingray or Elephant tis the question now...:D
     
  14. Flintknapper

    Flintknapper Member

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    BR wrote:

    ^^^^^^^^ I'm 'all in' for that.

    Maybe rent a bus and take a group. Don't you know Acevedo is throwing a full blown fit right now?

    Glad I don't live in Austin any longer.

    Flint.
     
  15. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    Elephant is very low maintenance, yet stylish.
     
  16. X-Rap

    X-Rap Member

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    Congratulations Texans!!!
    I'm gonna go out on a limb today and say that I think this whole OC thing will be much bigger in a year than you all thought it would be a week ago.
     
  17. J.E. Walker

    J.E. Walker Member

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    He may have already signed it but maybe he will hold a party. It has precedent. Back in the 90's, the Texas ledge passed a bill putting the question about legalizing concealed carry on the ballot. Anne Richards- Democrat (what else?) held a Veto Party invited press and presented signing pens to the admiring liberrhoids she had invited to the celebration.
     
  18. Barry the Bear

    Barry the Bear Member

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    Crockett,Bowie,Houston, and Travis would be smiling down on Texas right now.
     
  19. tarosean

    tarosean Member

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    Well maybe not Bowie, since they failed to act on HB92, and his knife is still illegal.
     
  20. Rio Laxas

    Rio Laxas Member

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    Thank you to everyone that worked to make this happen. I'm glad I was here in Texas to see it happen. After the recent defeats in Colorado, this is great for Texans and also sends the right message on a national level. I love Alaska and the freedom we have there, but Texas will always be home.
     
  21. Barry the Bear

    Barry the Bear Member

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    Illegal to carry right? Not own, cause I have A collection of bowies....
     
  22. tarosean

    tarosean Member

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    Yes
     
  23. wally

    wally Member

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    Here is a tip, you can get a free or low cost "dashcam" application for your cell phone that in shirt pocket can make a very good "bodycam".

    I use "Daily Roads Voyager" on a $40 pre-paid smart phone (LG Tribute) that is easy to hack (to avoid "activation" as a phone) and use as a WiFi only mini-tablet.
     
  24. km101

    km101 Member

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    OK, I can now cut down on the antacids and quit screaming at my monitor since I no longer have to watch some of the most asinine legislators in Texas yammer!

    We Won! We didn't get all we wanted, but we hardly ever do. This is a nice starting place for Constitutional Carry and we can work with it.

    Now we all need to KEEP CALLING our Congresscritters about support for Campus Carry!
    That is very important too.

    And Mr. Roberts. I like the "barbecue rig" idea. I think I will do that too!
     
  25. Twmaster

    Twmaster Member

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    BOOYEA Texas!
     
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