Open Carry Bills 2015

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Jaguar
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Re: Open Carry Bills 2015

#61

Post by Jaguar »

If licensed open carry passes, I would like to see GC §411.205 revised so that you are not required to show ID just because an officer asks for it. Currently if you are walking down the street minding your own business and a cop asks for your ID you do not have to provide it UNLESS you are a license holder carrying a handgun on or about your person. I can see it being used as a pretext for harassment, asking for ID and knowing you have to provide it. I believe a court has ruled that in states were open carry is allowed it cannot be used as pretext for a stop, but the way the law is currently written it Texas it still could be used that way.
GC §411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is
carrying a handgun on or about the license holder’s person when a magistrate or
a peace officer demands that the license holder display identification, the license
holder shall display both the license holder’s driver’s license or identification
certificate issued by the department and the license holder’s handgun license.
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -- James Madison

srothstein
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Re: Open Carry Bills 2015

#62

Post by srothstein »

premedit8ed wrote:At this point yes everything is a privilege is a million dollar home a right or a privilege? If you commit a crime the goverment can take away your so called "rights" so tell me if it's your right to open carry why don't you instead of waiting for the goverment to grant you that privilege. Exactly
I strongly disagree with your opinion. My carrying a weapon is my right, and in many cases my responsibility. The fact that I do not do so right now in violation of our current law is a combination of two factors. The first factor is that I am wary of spending my money defending a court case and have little faith that the courts would agree with me (though I am slowly changing on that, esp. after the recent 9th Circuit ruling). The second and more important reason is that I do not feel the threat is great enough to me that I need to carry in violation of the law at this time. There are tactical arguments both ways on it, and the first step in making this decision is to balance the risk and reward.

I can guarantee that I would be carrying a full size 1911 openly on my right hip if I felt the danger to me from not doing so was enough to justify the risk of governmental action. Of course, I would also be looking at how to reduce that danger in other ways in a hurry too.
Steve Rothstein

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locke_n_load
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Re: Open Carry Bills 2015

#63

Post by locke_n_load »

HB 291 added to OP. Identical to 106 (OC tied to 30.06, dual retention holster required).
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ralewis
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Re: Open Carry Bills 2015

#64

Post by ralewis »

mojo84 wrote:
premedit8ed wrote:
RoyGBiv wrote:
premedit8ed wrote:All open carry really has to do with is people wanting to look "cool" walking around with a gun on their hip.
Um. Not really.
Then why not just get a chl and be done with it. Carrying a handgun Is a privilege not a right. So why does open carry matter to people so much when they can just get a chl.... because they want to be seen with a gun on their hip

Where do you get that it is a privilege and not a right? How do you know what others are thinking?
I actually think we know what others are thinking. The way this issue of carrying a gun in public (concealed or otherwise) is being interpreted (by the courts, public opinion to a great extent, lawmakers, etc.) is it's a privilege. I'm not opposed to Open Carry, but I am content to carry concealed with my CHL. I probably wouldn't open carry. I do fear some unintended consequences of Open Carry with more places being off limits to carry of any kind though. Hope we don't see that if it passes.

What really confuses me about Texas is that this is an issue at all. My best State comparison reference point is PA. I spend a lot of time in PA (also have a PA LTC), and Open Carry is allowed. They don't have the obsession with carrying where alcohol is sold/served (no distinction between sold/served % on premise) or sporting events. They don't have a special sign that can be posted excluding gun carriers. I rarely see any sort of No Guns sign. I don't see much open carry, but my brother a LEO said it's not uncommon -- and it's not a problem either. Gun issues are seemingly just not discussed the same way they are discussed in TX. Ironically it's much easier/cheaper to get a PA LTC than a TX CHL (I got my PA LTC in 10 mins for $20 at a courthouse this past summer), but folks in PA seem to accept that "yup, he's got a LTC, he's good to go.' My friends and family in PA always comment about the prevalence of guns in TX, gun culture, etc… But it pains me to inform to them that their gun laws/culture in PA are more accommodating than TX.

Thomas Hagemeier
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Re: Open Carry Bills 2015

#65

Post by Thomas Hagemeier »

Two point retention huh. Just hand over reasons carrying citizens can be harassed on. Why do something halfway? The more time-killing details you bog law abiding citizens down with, the more you empower criminals. A man with a knife can traverse 25 feet in under two seconds.
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