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by RottenApple
Mon Jan 28, 2013 2:41 pm
Forum: 2013 Texas Legislative Session
Topic: open carry bill filed
Replies: 139
Views: 27398

Re: open carry bill filed

tico wrote:Just got off the phone with Bryan Smith and Noah Gilliam from Rep. Lavender's office thanking them for filing HB700, but also wanting to clarify the problems with modifying 30.06.

They say that the NRA asked them to make those changes to get the bill passed but they're aware of the problems and will be amending it. I asked for them to either create a separate sign (30.07?) that would apply to only prohibit open carry, or just allow the old gun busters sign to work for now. Having a separate sign for open carry would be an additional annoyance for anti-gun business owners to post up two signs, but also would allow for supporters for concealed carry only to still allow that method of carry without having to ban all forms of carry with a single sign.

When I asked for why they added "or unconcealed" all throughout the penal code instead of just striking 46.035a they said that had come from NRA as well after their experience during the last legislative session, but just needed to get *something* filed early in the process even though they intended to amend it as they went along.

As for the holster requirements, that was done to get support from law enforcement organizations, though none have publicly stated support for this bill as of now.

Please give them a call (512-463-0692) and your local representative too.
I have a hard time believing that the NRA had a hand in making these proposed changes to 30.06. I'm not saying that they didn't, but considering what Mr. Cotton (who is on the NRA BoD) has said about the subject, it just seems unlikely. Almost seems like the Rep (or his staffers) are using the NRA as a scapegoat ("It's not OUR fault, the NRA made us do it") for these changes.

Mr. Cotton, do you know if the NRA had any input into this? :headscratch
by RottenApple
Sun Jan 27, 2013 8:52 pm
Forum: 2013 Texas Legislative Session
Topic: open carry bill filed
Replies: 139
Views: 27398

Re: open carry bill filed

smtimelevi wrote:There are already many instances where open carry in Texas is legal.
Ok. I'll bite. Other than 1) on your own property or property you control, 2) as a CSO or PPO in the performance of or on your way to/from duty, and 3) long guns (and I assume we are talking about handguns here), where can you open carry in Texas?
by RottenApple
Thu Jan 24, 2013 11:22 pm
Forum: 2013 Texas Legislative Session
Topic: open carry bill filed
Replies: 139
Views: 27398

Re: open carry bill filed

SRO1911 wrote:IANAL, but it looks to me like 30.06 is still in full swing, but the wording has changed to include the un-concealed references - so, same signage but new wording. Which would render all current 30-06 signs null (like i said IANAL, and you can argue intent all day long) meaning if someone does not want my money, then they now have to spend even more of theirs... maybe i am missing something.
Here is the "written communication" section of 30.06 as it stands today:
(A) a card or other document on which is written language identical to the following: “Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a c oncealed handgun”; or
And here is the change in HB700:
(1)AAa card or other document on which is written language indicating that pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed or unconcealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code, may not enter the property with a concealed handgun or with any handgun, whether concealed or not, as applicable;or
So under the current 30.06, the sign or card MUST have that exact language. Under the HB700 proposed 30.06, it must only indicate that you can't carry there per TPC 30.06. So, based on the black letter of the (proposed) law, a place could put up a gun buster sign that has "TPC 30.06" on it (in 1" contrasting letters, of course) and the place is now off-limits.

At least that's how I read it. IANAL.

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