seamusTX wrote:frankie_the_yankee wrote:How about a bill that would allow open carry:
1) On private property with the consent of any lawful occupant of said property.
2) In a motor vehicle under your control or with the consent of the person who is in control.
3) When entering or leaving such a vehicle. (Not sure of how I would word this legally. My intent is to provide for people to be able to don and doff cover garments when leaving and entering.)
It's an interesting idea.
With (1) do you mean explicit consent? If the owner of a public accommodation wanted to allow open carry, would they have to post a sign saying that it was allowed, or give oral permission?
Some police agencies would object to (2) on the basis that it would promote weapons display in traffic altercations. I don't make this objection, but the official police point of view has a lot of weight with the legislature.
- Jim
First off, I realize that one thing I didn't mention in my original proposal is that it would only apply to people who have a CHL.
I was thinking more along the lines of implicit consent. i.e. you're there, you're carrying, and no one's complaining. What I had in mind was "private" provate property, not necessarily public accommodations. For public accommodations, I would say they would have to post some kind of sign, while recognizing that few would do so.
With regard to 2/3, I would point to the (mostly trouble-free) experiences of other (OC) states. That, combined with the vast experience here in TX since 1996 showing CHL's to be "certified good guys" who pose no threat whatsoever to LEO's, should take care of any objections. Another point is that we now allow for
concealed carry in vehicles without a license. So open carry by CHL's should be no problem.
And LEO objections might face a bit of an uphill climb. In 1995, they were putting out dire warnings of blood in the streets if we allowed for CHL's. Later on, a number of them, to their credit, were big enough to publicly admit that they had been wrong.
In my own mind, I think that someone putting on a leather vest or something as they leave their car might just have a salutory effect on some big mouth troublemaker who just might have forced him off the side of the road or something, whether he glimpses the gun or not.
And my proposed law would not do anything to change the legal circumstances related to drawing the weapon.
My whole idea is to come up with something that is easy to get passed. Limiting OC to private property with consent does away with the situation where Mr. & Mrs. Soccerpeople
unexpectedly encounter people who are OCing. This would also help to keep the bill low profile, and give the media very little to scare people with.
Now, down the road...... What is it they say about the camel's nose?
