open carry bill filed

This sub-forum will open for posting on Sept. 1, 2012.

Moderators: carlson1, Charles L. Cotton

User avatar

MasterOfNone
Senior Member
Posts in topic: 3
Posts: 1276
Joined: Mon Dec 06, 2010 12:00 am
Location: Dallas
Contact:

Re: open carry bill filed

#46

Post by MasterOfNone »

johnferg69 wrote:Just got off the phone with Lavenders office, spoke with a staffer named Bryan.
This is what I was told;
The 30.06 wording was removed because their is a question of the constitutionality of 2 different signs for carry even if its 2 different types of carry. If one type of carry is allowed it may be unconstitutional to stop another. This is something they what to clarify and fix as the bill progresses.

The "dual points of resistance" is in reportedly to help get backing from LE agencies. Bryan stated that this one complaint last session with the OC bill. LE is concerned about people who OC being unknowingly disarmed

The unintentional failure to conceal was left in because they want complete concealment or "dual points of resistance" OC. Not lackadaisical conceal carry. This is to help enforce the difference.
Isn't this what we have today?
http://www.PersonalPerimeter.com
DFW area LTC Instructor
NRA Pistol Instructor, Range Safety Officer, Recruiter

K.Mooneyham
Senior Member
Posts in topic: 3
Posts: 2574
Joined: Sat Jan 12, 2013 4:27 pm
Location: Vernon, Texas

Re: open carry bill filed

#47

Post by K.Mooneyham »

I want to know what states like Arizona, Wyoming, and Oklahoma have in regards to requirements about holster types. That retention business sounds ridiculous. And you can certainly put me in the column that if this will mess up our concealed carry laws, then I don't want it. I'm an NOT against open carry, I think it might be useful in some situations...but not if it will ruin what we have now.
User avatar

anygunanywhere
Senior Member
Posts in topic: 8
Posts: 7875
Joined: Fri Apr 01, 2005 9:16 am
Location: Richmond, Texas

Re: open carry bill filed

#48

Post by anygunanywhere »

But....we get to buy more accessories.

Anygunanywhere
"When democracy turns to tyranny, the armed citizen still gets to vote." Mike Vanderboegh

"The Smallest Minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." – Ayn Rand
User avatar

Wes
Senior Member
Posts in topic: 7
Posts: 885
Joined: Thu Jan 05, 2012 6:02 pm
Location: Ft Worth
Contact:

Re: open carry bill filed

#49

Post by Wes »

"dual points of resistance" is probably taken from duty holsters that have to be level 2 with two points of retention (google level 2 duty holster to see what they are). that would mean a simple strap would not be enough, nor would the push button style holsters as well. it seems quite excessive. It also seems excessive to keep the failure to conceal around because of this rule just so they can distinguish concealed carry and open carry on a legal basis. very strange bill, and just one more thing im not crazy about on top of the 30.06 mess.
Alliance Arsenal - Firearms and transfers in north Ft. Worth

joelamosobadiah
Senior Member
Posts in topic: 6
Posts: 243
Joined: Fri Feb 06, 2009 12:03 am

Re: open carry bill filed

#50

Post by joelamosobadiah »

If I put a small Velcro "button" on my gun and another on my holster is that "dual points of resistance"? :???: :mrgreen:
User avatar

AEA
Senior Member
Posts in topic: 9
Posts: 5110
Joined: Sat May 12, 2007 12:00 pm
Location: North Texas

Re: open carry bill filed

#51

Post by AEA »

That "dual points of resistance" is the most foolish statement I have ever heard. What exactly does that mean? Does it mean a Level II retention holster or not?

I that is left in the bill, a lot of peeps will be going to Jail at the interpretation of the LEO that comes to the scene of MWAG!

Not to mention that there are very few Level II retention holsters available for 1911's. Yes Timmy, not everyone carries a Glock!

I really wish that people writing these bills had a clue about what they were talking about.

But I guess I will submit that what they are talking about IS NOT a Level II retention holster but just two points of retention. That would then be a Leather/Kydex thumb break holster with a tension screw on the holster itself providing the 2nd point of retention.

I am pretty sure that is what they are talking about as I cannot see people having to go and buy a Level II LEO Duty holster to carry openly! Why can't they say it without being ambiguous?
Last edited by AEA on Fri Jan 25, 2013 3:35 pm, edited 1 time in total.
Alan - ANYTHING I write is MY OPINION only.
Certified Curmudgeon - But, my German Shepherd loves me!
NRA-Life, USN '65-'69 & '73-'79: RM1
1911's RULE!

RPB
Banned
Posts in topic: 1
Posts: 8697
Joined: Tue Nov 17, 2009 8:17 pm

Re: open carry bill filed

#52

Post by RPB »

retention strap plus ................... duct tape :biggrinjester:

retention is important, more so with open carry

My stomach muscles are finely tuned to work with my double layered kydex reinforced gun belt to retain my Concealed IWB weapon, less so if I just took a Gas-X ... but I know techniques ... from Tai Kwon Do, Judo, and General Tsao and chow mein methods... try to get my gun, watch out for my flying double eggroll....
I'm no lawyer

"Never show your hole card" "Always have something in reserve"
User avatar

AEA
Senior Member
Posts in topic: 9
Posts: 5110
Joined: Sat May 12, 2007 12:00 pm
Location: North Texas

Re: open carry bill filed

#53

Post by AEA »

The way they have it worded, a IWB with a thumb break would do. Again, ambiguous, but I believe the belt of the IWB would suffice as the 2nd retention point. Now the question is.....would the LEO that came to visit with you agree?

The other question is........ does anyone make a IWB with thumb break?
Last edited by AEA on Fri Jan 25, 2013 3:35 pm, edited 1 time in total.
Alan - ANYTHING I write is MY OPINION only.
Certified Curmudgeon - But, my German Shepherd loves me!
NRA-Life, USN '65-'69 & '73-'79: RM1
1911's RULE!
User avatar

anygunanywhere
Senior Member
Posts in topic: 8
Posts: 7875
Joined: Fri Apr 01, 2005 9:16 am
Location: Richmond, Texas

Re: open carry bill filed

#54

Post by anygunanywhere »

RPB wrote:retention strap plus ................... duct tape :biggrinjester:

retention is important, more so with open carry

My stomach muscles are finely tuned to work with my double layered kydex reinforced gun belt to retain my Concealed IWB weapon, less so if I just took a Gas-X ... but I know techniques ... from Tai Kwon Do, Judo, and General Tsao and chow mein methods... try to get my gun, watch out for my flying double eggroll....
You love Batman don't you?

Anygunanywhere
"When democracy turns to tyranny, the armed citizen still gets to vote." Mike Vanderboegh

"The Smallest Minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." – Ayn Rand
User avatar

AEA
Senior Member
Posts in topic: 9
Posts: 5110
Joined: Sat May 12, 2007 12:00 pm
Location: North Texas

Re: open carry bill filed

#55

Post by AEA »

johnferg69 wrote:Just got off the phone with Lavenders office, spoke with a staffer named Bryan.
This is what I was told;
The "dual points of resistance" is in reportedly to help get backing from LE agencies. Bryan stated that this one complaint last session with the OC bill. LE is concerned about people who OC being unknowingly disarmed.
How about calling Bryan back and give him the link to this thread so that he can see the comments from people who actually carry guns and have a clue! :roll:
Alan - ANYTHING I write is MY OPINION only.
Certified Curmudgeon - But, my German Shepherd loves me!
NRA-Life, USN '65-'69 & '73-'79: RM1
1911's RULE!
User avatar

Charles L. Cotton
Site Admin
Posts in topic: 14
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: open carry bill filed

#56

Post by Charles L. Cotton »

johnferg69 wrote:Just got off the phone with Lavenders office, spoke with a staffer named Bryan.
This is what I was told;
The 30.06 wording was removed because their is a question of the constitutionality of 2 different signs for carry even if its 2 different types of carry. If one type of carry is allowed it may be unconstitutional to stop another. This is something they what to clarify and fix as the bill progresses.
It is not unconstitutional. For the sake of argument, if it were unconstitutional, then it means HB700 must not pass for the very reasons that have been discussed for at least four years. I regret having published the article Straight Talk about Open-Carry. I did so in good faith to help pave the way for open-carry with the general public and fully relying upon the statements that TPC §30.06 absolutely would not be amended.

In fairness to Rep. Lavender, I smell leg counsel's hands all over this bill.

TPC §30.06 must not be amended, period!

Chas.
User avatar

Wes
Senior Member
Posts in topic: 7
Posts: 885
Joined: Thu Jan 05, 2012 6:02 pm
Location: Ft Worth
Contact:

Re: open carry bill filed

#57

Post by Wes »

AEA wrote:But I guess I will submit that what they are talking about IS NOT a Level II retention holster but just two points of retention. That would then be a Leather/Kydex thumb break holster with a tension screw on the holster itself providing the 2nd point of retention.
if this is all they are talking about, i wouldnt have as big a problem with it but like you mention its ambiguous as written and would open it up for interpretation from a LEO. Just as the change to 30.06 leaves what constitutes notice up to interpretation and does not spell out exactly what the sign must be. Both of these are major problems, I know Mr. Cotton clearly states not to touch 30.06 but I am worried about this one as well (among other things).
Alliance Arsenal - Firearms and transfers in north Ft. Worth
User avatar

Charles L. Cotton
Site Admin
Posts in topic: 14
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: open carry bill filed

#58

Post by Charles L. Cotton »

If this were to pass as written, then someone could be charged with unlawfully carrying a weapon because of the holster they wore. Interesting . . .

Chas.
User avatar

AEA
Senior Member
Posts in topic: 9
Posts: 5110
Joined: Sat May 12, 2007 12:00 pm
Location: North Texas

Re: open carry bill filed

#59

Post by AEA »

:iagree:

It appears that no one in the Legislature has any knowledge of Carry in Texas. Is there even one there that actually carries?

Can we find that one that carries & understands what 30.06 means, who can write and sponsor a readable and correct bill that even has a slight chance of passing? Is that too much to ask? :banghead:
Last edited by AEA on Fri Jan 25, 2013 4:05 pm, edited 1 time in total.
Alan - ANYTHING I write is MY OPINION only.
Certified Curmudgeon - But, my German Shepherd loves me!
NRA-Life, USN '65-'69 & '73-'79: RM1
1911's RULE!
User avatar

Charles L. Cotton
Site Admin
Posts in topic: 14
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: open carry bill filed

#60

Post by Charles L. Cotton »

AEA wrote::iagree:

It appears that no one in the Legislature has any knowledge of Carry in Texas. Is there even one there that actually carries?
There are many!

Chas.
Post Reply

Return to “2013 Texas Legislative Session”