Open Carry

CHL discussions that do not fit into more specific topics

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drjoker
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Re: Open Carry

#46

Post by drjoker »

Texas TC wrote:I have been to Arizona for three weeks on three separate occasions in the past six months and have yet to see anyone open carry.

If we get open carry in Texas, I probably would not participate. However, it would be nice to have it so I would not worry about my weapon being accidentally exposed while carrying concealed. That is the most important benefit to me. I believe, like many others, the element of surprise of having a concealed weapon gives a major benefit to me in the case of an altercation that requires the use of deadly force.
:iagree: I agree with Texas TC, but this is a very tricky issue because I also agree with
mr surveyor, keith b, and mr cotton:
Currrently, most business owners either aren't truly aware of the 30.06 posting option available to them, they never were aware of a "need" to post, were just apathetic, or in some cases (I know one restruamt owner that posts "CHL's Welcome") are very aware of CHL's and feel very comfortable with their presence. Once a few open carried handguns start showing up on the properties of many of these businesses, the owners will actively seek a remedy, and WILL post their properties. That is a fact! In that case, one man's freedom to exercise his right (open carry) will most certainly limit everyone's freedom to exercise their rights to carry (concealed).
I think that most of us on this forum would agree that;
1. 2nd A rights are important. Open carry is an extension of these rights and should exist.
2. Open carry may be a bad tactical decision in some instances.
3. Open carry protests, if done improperly, will set the entire 2nd A movement back.
4. We shouldn't be punished legally for accidentally printing or showing our guns, if legally carrying.

However, the comments about the disappearing gun racks points to one thing and that is the cultural norm now does not include guns. Therefore, all people with a strong opinion for guns are on the far right on the political spectrum. In order to win at the polls, we have to move strong opinions for guns into the mainstream on the political spectrum and in order to do that, we have to make people used to seeing sane people carrying guns in the open with zero bad incidents. Because now, the only time the average Joe will see a gun is when he sees crazy people shooting up a court house, Ft Hood, or Virginia Tech on T.V. That is not good. Open carry protests are a good idea, if done right. However, an open carry protest is like treading on thin ice. You have to tread very carefully. The more people you have at an open carry protest, the more probability you have of something going wrong. Therefore, any open carry protest should only have at the maximum ONE person actually carrying a real UNLOADED long gun. Everyone else should be wearing an EMPTY holster at the protest. Everyone should also be wearing a suit and tie. Everyone should also NOT answer questions from the media except for a designated spokesperson who will only be answering with pre-prepared soundbites to avoid being quoted out of context by the media. Everyone should be respectful of the police and NO ONE should litter. Also, to prevent any possible misconduct by the police, it should be recorded on video, by multiple videographers. All protesters should be prescreened for crazies and the time/location of the protest should be kept a secret from the public to avoid any anti-gunners showing up pretending to be a protester and doing crazy stuff to undermine our efforts to further our 2nd A rights. Honestly, I think conducting a successful open carry protest will be more difficult than getting a date with a supermodel, BUT it CAN be done. Here is a video of a brother with an AR-15 at an Obama rally who did NOT get arrested:

http://www.youtube.com/watch?v=VAdG3EfZ ... o_response

P.S. Keith B said that 30.06 signs would pop up everywhere if people open carried. This is only true if we let them pop up. The problem that I see with the 2nd A movement is that people are soft, lazy and cheap. We weren't always this way. Remember the 60's? People took to the streets to protest by the millions. People were arrested and beaten by cops, but they didn't care. They wanted freedom and were willing to pay for it. People missed work to protest. Those who were too chicken to protest donated money. All those civil rights protesters who marched in Washington had to have room/board/transportation. This was paid for by risk averse protesters who chose to protest with their wallets instead. Remember the brave black kids who sat at white lunch counters? That wasn't the cultural norm, but it BECAME the cultural norm because they continued to do that after they were arrested, beaten, and dragged out. They continued and continued until people got used to seeing it. The civil rights revolution of the 60's was won with blood, sweat, tears, and a river of money. Your 2nd A right is a CIVIL RIGHT. If you want to know how it's done, I invite you to learn from the civil rights protests of the 60's. Go to your local library and view some videos, books, and news articles if you weren't alive back then.
Last edited by drjoker on Wed Feb 24, 2010 9:18 am, edited 2 times in total.

frazzled

Re: Open Carry

#47

Post by frazzled »

Keith B wrote:
PappaGun wrote:
mr surveyor wrote: ..Once a few open carried handguns start showing up on the properties of many of these businesses, the owners will actively seek a remedy, and WILL post their properties. That is a fact!...


surv
I don't agree.

Now don't get me wrong. I don't necessarily disagree.
But this has not been my experience.
In my last State of residence, an OC State, there were not many posted locations.
And in my travels to other OC States, I don't see any more posted locations than I do in Texas.
A couple of questions:
1. Did your state allow cities to put ordinances in place to ban open carry? (City preemption of state law)
2. How many times did you see people actually open carrying in town and in businesses like Wal-Mart and Denny's?

The reason I ask is I lived for 38 years in an open carry state. I can remember 2 times seeing someone actually open carrying. One I had to ask to leave the store when they called the police about a man with a gun walking around their grocery store and I responded (was a LEO then.) The other was when we had a Dallas Days festival and we had 2 or 3 folks with real single action cowboy style pistols on tier belts. However, I do know that they were not loaded as I asked them.

And while you don't see postings, I believe it is because people DON'T regularly open carry in towns, even where it is legal in these states. HOWEVER, if it were to pass in Texas, because it would be something new and unique, everyone and their dog would decide 'Hey, I can strap on my six-shooter and wander around Home Depot'. This would bring so much attention to the new law that businesses would THEN start posting. Now, in rural areas, it might be different, but your urban areas just wouldn't stand for this happing and 30.06 signs would pop up faster than a prairie dog pops in and out out of his hole.
We should note here, how many Texans actually know about CHL laws? There's an assumption here that people even know about that, which may be highly inaccurate. Most of my friends have CHLs, but of the families we know that don't, I 'd bet good money they aren't even aware CHL exists.
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Re: Open Carry

#48

Post by Keith B »

frazzled wrote: We should note here, how many Texans actually know about CHL laws? There's an assumption here that people even know about that, which may be highly inaccurate. Most of my friends have CHLs, but of the families we know that don't, I 'd bet good money they aren't even aware CHL exists.
Exactly. That is why you don't see many 30.06 signs. Most merchants and their employees are totally unaware that CHL's are walking into their businesses because they don't see the gun. While some may put up no-gun or gun-buster signs, they really don't even know how to legally prohibit them and don't research it because of the out of sight, out of mind mentality. When the first person who is open carrying walks in, it will be Katie bar the door and they will be figuring out how to keep them from entering. Gut feeling is that 30.06 would be the method required and then open carry AND CHL's would be no-go. :banghead:
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casingpoint
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Re: Open Carry

#49

Post by casingpoint »

What happened here? When I left Texas for NH in the late 80's, there were lots of gun racks in trucks. Eighteen years later, I return and no gun racks at all.
Texans transitioned from varmit control with long guns to gangsta control with handguns. :evil2:

Seriously, your observation coincides with the development of the 40 caliber S&W.
http://en.wikipedia.org/wiki/.40_S&W" onclick="window.open(this.href);return false;

jordanmills
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Re: Open Carry

#50

Post by jordanmills »

Keith B wrote:
frazzled wrote: We should note here, how many Texans actually know about CHL laws? There's an assumption here that people even know about that, which may be highly inaccurate. Most of my friends have CHLs, but of the families we know that don't, I 'd bet good money they aren't even aware CHL exists.
Exactly. That is why you don't see many 30.06 signs. Most merchants and their employees are totally unaware that CHL's are walking into their businesses because they don't see the gun. While some may put up no-gun or gun-buster signs, they really don't even know how to legally prohibit them and don't research it because of the out of sight, out of mind mentality. When the first person who is open carrying walks in, it will be Katie bar the door and they will be figuring out how to keep them from entering. Gut feeling is that 30.06 would be the method required and then open carry AND CHL's would be no-go. :banghead:
IMO the ideal solution would be to make requirements for another onerous sign to ban open carry on premises. So now they pretty much have to have two big fugly signs posted and maintained at every entrance...

frazzled

Re: Open Carry

#51

Post by frazzled »

I doubt you would be able to get that passed. 30.06 passed partly because it wasn't a major issue to businesses. If OC was active it would be much more of an issue for businesses.

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Re: Open Carry

#52

Post by Conagher »

I’ve stated this before, but maybe worth repeating. I believe we should be addressing the root cause of the issue in order to find an appropriate solution. Most, if not all the objections I read hear to OC is not with the freedom and choice to OC, but rather with our current law to allow posting of the 30.06 sign. If we can address this concern it appears, at least from this thread that we can all align on restoring this freedom.

What are some of your ideas on how we can add/delete/modify the current 30.06 law to ensure this issue is addressed?

jordanmills had one idea which appears to be a play on how/why the original 30.06 was created in the first place. Thanks jordanmills for being part of the solution!

Now, what are yours?

Thanks and Have a Nice Day!
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Re: Open Carry

#53

Post by marksiwel »

Does anyone know why Open Carry was banned in Texas?
Is it like most Gun Laws and have to do with some weird vaugley racist concerns?
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Keith B
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Re: Open Carry

#54

Post by Keith B »

Open carry has been outlawed since the late 1800's and they were concerned about gun fights in town. While a lot of people believe the movies and that cowboys wandered around town with their six-shooters on their hips back then, but most towns required you to turn in your guns when you entered, and retrieve them when you left.
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joe817
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Re: Open Carry

#55

Post by joe817 »

Keith B wrote:Open carry has been outlawed since the late 1800's and they were concerned about gun fights in town. While a lot of people believe the movies and that cowboys wandered around town with their six-shooters on their hips back then, most towns required you to turn in your guns when you entered, and retrieve them when you left.
Yup. We had a really interesting discussion here on the forum a few months back about when open carry ban laws were enacted here in Texas. I wish I could find it. :???:
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chabouk
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Re: Open Carry

#56

Post by chabouk »

marksiwel wrote:Does anyone know why Open Carry was banned in Texas?
Open carry wasn't banned; carry (of a handgun) was banned, open or concealed, for over a century.

The traditional exemptions to the ban on carry have never distinguished between open and concealed, and that's a good thing. Unfortunately, when Texas made it legal to carry a handgun starting in 1995 (with a license), the law specified concealed carry. I've heard that was politically necessary to gain passage, and perhaps it was, but it's unfortunate.

Still, the point to keep in mind that it was illegal to carry a handgun in Texas for over a century, and there has been a lot of progress in the last 15 years. There is more progress to be made, and I hope that no one will rest on the laurel of "I've got mine, let's not risk that by asking for more". That's the attitude of the Fudds who would gladly sell out handguns and semi-auto rifles just so long as they can keep their hunting guns.

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Re: Open Carry

#57

Post by casingpoint »

Even read broadly, the dicta from Heller cannot and should not be interpreted to control every challenge to every gun regulation. Instead, it seems clear that cases that fall outside the specific exceptions in Heller warrant independent constitutional scrutiny-Eugene Volokh
A lot of anti gunners took what SCOTUS wrote in Heller and interpreted it to mean all gun regulation is here to stay. That is not necessarily so as, well expressed in the above quote by a noted constitutional law expert.
http://volokh.com/2010/02/23/the-second ... demeanors/" onclick="window.open(this.href);return false;
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PappaGun
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Re: Open Carry

#58

Post by PappaGun »

Keith B wrote:
PappaGun wrote:
mr surveyor wrote: ..Once a few open carried handguns start showing up on the properties of many of these businesses, the owners will actively seek a remedy, and WILL post their properties. That is a fact!...


surv
I don't agree.

Now don't get me wrong. I don't necessarily disagree.
But this has not been my experience.
In my last State of residence, an OC State, there were not many posted locations.
And in my travels to other OC States, I don't see any more posted locations than I do in Texas.
A couple of questions:
1. Did your state allow cities to put ordinances in place to ban open carry? (City preemption of state law)
2. How many times did you see people actually open carrying in town and in businesses like Wal-Mart and Denny's?

The reason I ask is I lived for 38 years in an open carry state. I can remember 2 times seeing someone actually open carrying. One I had to ask to leave the store when they called the police about a man with a gun walking around their grocery store and I responded (was a LEO then.) The other was when we had a Dallas Days festival and we had 2 or 3 folks with real single action cowboy style pistols on tier belts. However, I do know that they were not loaded as I asked them.

And while you don't see postings, I believe it is because people DON'T regularly open carry in towns, even where it is legal in these states. HOWEVER, if it were to pass in Texas, because it would be something new and unique, everyone and their dog would decide 'Hey, I can strap on my six-shooter and wander around Home Depot'. This would bring so much attention to the new law that businesses would THEN start posting. Now, in rural areas, it might be different, but your urban areas just wouldn't stand for this happing and 30.06 signs would pop up faster than a prairie dog pops in and out out of his hole.
I don't know if preemption was codified. If it was, it was not taken advantage of (Albuquerque, New Mexico). See my previous post in this thread for answers to some of the other questions.

Keith,
I see alot of what I believe are common misconceptions about OC in your reply.
This might be from your LE background?
Again, this is based on my experience only.
I saw no one, 0.00%, OC in rural areas in 27 years. I traveled the state extensively in those years.
I saw 2 people OC in Albuquerque in those years.
The "Hey, I can strap on my six-shooter and wander around Home Depot" is a common fear of LE and municipalites
but it just doesn't seem to happen.
I do believe that there would be a period of adjustment for LE, citizens, municipalities etc., but that in time the dust would settle pretty much where it is now.
Now, having said all this, let me make it clear that I AM NOT for OC.
I simply believe that the fears as commonly expressed, are false.
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Re: Open Carry

#59

Post by Dragonfighter »

chabouk wrote:
marksiwel wrote:Does anyone know why Open Carry was banned in Texas?
Open carry wasn't banned; carry (of a handgun) was banned, open or concealed, for over a century.
And it wasn't because they wanted to prevent gun violence in towns, most towns had their own ordinances ranging from turning the sidearm into the local constabulary (Like that word?) to handing them over to the proprietor when entering a saloon, restaurant or dance hall. You got it back when you were ready to leave and were of "sound judgement" as some of the ordinances had it worded.

The ban on sidearms in particular came with reconstruction and was rampant in states of the former CSA. It was a matter of control of the "rebellious" states.
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Re: Open Carry

#60

Post by G.A. Heath »

I am a big proponent of Open Carry, and I want to see it legalized, even though I doubt I would open carry. I do have to say that it is not in our best interest to try and get it through the legislature at this time because of the behavior of some people (you can find them over on Open Carry dot Org). The fastest course we can use to get Open Carry is through the courts. First off Heller determined that the Second Amendment is an Individual right, it is the corner stone of all future cases. Secondly McDonald is where we will get incorporation. Now the case to start us on the path towards constitutional carry is coming to us out of DC, I think it is called Palmer Vs DC. Palmer is one of the original plaintiffs from what became Heller. When this case is decided we hope to see that carry is a constitutionally protected right and when combined with McDonald we will have some sort of legal carry in all 50 states. Then the plan will most likely be to eliminate license requirements and/or total bans on open/concealed carry. So for now we do not want to waste time, or resources, on this issue as we have more important issues such as Campus Carry that need to be addressed.

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