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by srothstein
Sat Jul 24, 2010 10:38 pm
Forum: General Texas CHL Discussion
Topic: Open Carry
Replies: 184
Views: 25469

Re: Open Carry

canvasbck wrote:I was assuming that everyone understood that non-CHL holders were illegal regardless of signage, and the rule of law backs up the business owner for non-chl as well as chl when he posts.
This is the problem with your logic. Not every person carrying a pistol without a CHL is illegal. Security guards, military, LEO's, and travelers all can be legally carrying weapons without a 30.06 applying to them. If the store happens to sell ammunition (say Wal-Mart), a person on the way to the range could be legally carrying without a CHL. Some of these may be unusual and may require some test case to prove, but are within the current written wording of the law.

One of my disagreements with the people who argue about a two sign requirement if open carry is allowed is that we have that now. To ban all of these people would require a 30.05 sign as well as the 30.06 sign. There is no specific wording required for the second sign, so even a gun buster sign would work, but the second sign is required (and even it does not prohibit LEOs from carrying when off duty).
by srothstein
Tue Feb 23, 2010 11:23 pm
Forum: General Texas CHL Discussion
Topic: Open Carry
Replies: 184
Views: 25469

Re: Open Carry

Giants,

Welcome to Texas, we always appreciate polite and friendly visitors. But those signs you saw about unlicensed carry are actually mandated by state law. They are a warning to someone who is already breaking the law by illegally carrying a weapon that it will go from being a misdemeanor to a felony if they enter on those premises because of the alcohol sales. They predate the passing of our CHL laws by many years (though back then it just said unlawfully carrying instead of the unlicensed carrying).

There are a lot of arguments both for and against open carry. I would like to see the law passed, but I think that there will be a small backlash along the lines of what Charles pointed out. Some stores would ban that do not currently ban. I do not think it would be as many as some people think, but I have to admit that some would. Proof of both sides of this made national news rather recently. One of the coffee houses in California (IIRC) did ban guns when the OC movement tried to hold a meeting there. But another national chain, Starbuck's, refused to ban guns if they were legally carried, even when asked (ok, pressured) to by the national anti-gun crowd.

Until recently, I had openly carried in Texas for many years. Of course, the uniform made it less likely people would be scared by this. Even the badge worn on the belt when I was in plainclothes seemed to avoid the fear. But I did see some people who were nervous about a man with a gun until they saw the badge. What is more important as an indicator of general society's view on guns is the old traditional gun rack in the truck window. When I first got to Texas, these were so common that it seemed like these were sold by the dealers as a factory option. It is still legal to carry a long gun openly in Texas, without a license. How many gun racks do you see in trucks these days?

I support open carry and would love to see it passed, but I don't honestly expect any politicians to work towards it. If the public is upset at rifles in truck windows, it is not politically feasible for the politician to work on open carry of handguns.

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