How About Open Carry

[Kyle Brown]

For instance, you cannot stand in a crowded theather and yell "Fire."

Can you cite the law that forbids you from doing so?

This gets thrown about a lot as if it's true. What's actually true is that you're responsible for your actions: inciting panic, lost revenue to the theater owner, injuries incurred in the evacuation, etc.

Kevin

I can


Texas Penal Code
§42.06. False alarm or report.

(a) A person commits an offense if he knowingly initiates,
communicates or circulates a report of a present, past, or future
bombing, fire, offense, or other emergency that he knows is false or
baseless and that would ordinarily:

(1) cause action by an official or volunteer agency organized
to deal with emergencies;

(2) place a person in fear of imminent serious bodily injury;
or

(3) prevent or interrupt the occupation of a building, room,
place of assembly, place to which the public has access, or aircraft,
automobile, or other mode of conveyance.

(b) An offense under this section is a Class A misdemeanor
unless the false report is of an emergency involving a public primary
or secondary school, public communications, public transportation,
public water, gas, or power supply or other public service, in which
event the offense is a state jail felony.

Thanks txinvestigator...you beat me to it...I'm a little cold and slow tonight.

[WaltherP99]

When I go to the grocery or to the mall I try my best to not display my firearm. When walking up to the grocery my flannel over shirt / coat blew open a couple of days ago and of course my firearm was exposed I made an attempt to pull it closed. Did someone see it most likely not; as most people are not looking for firearm or even looking at my waist. As a CHL holder I try to make every effort to conceal my firearm to keep within the law. But I also drive a Motorcycle and have had the bottom of my holster sticking out of the bottom of my vest when I lean forward at times and never been questioned. Even with LEO behind following me.

So at this point I think everyone has to make an effort to conceal it but there will be times when someone will see your firearm and if you don’t act weird then the people that see most likely won’t either. Though I do like the idea of a badge next to the firearm on the belt just for those situations such as the wind blowing or bending over, but have never heard of any badge type things and if they are allowed. But would be very interested.

Now at home I do open carry and I will go outside and get the newspaper. But this week has been unusual as I have had several contractors out for bids on Fence work. Now since the weather has been cold I wear my cover up flannel at home for comfort.. But my firearm is more on the side then in the back for easier reach. Two of the contractors have seen the firearm and never had a problem with it.. I can see their eyes gravitate to view it but have never said anything or got nervous.

But the last contractor that came over saw it and showed that he was very nervous.. Still no comment from him.. I suspect that all of these people think that I’m LEO but I have never been questioned.. It’s my property and I’m in Texas so I’m allowed to open carry at home and if the contractor has a problem with it then it’s his issue not mine.

As far as open carry in the malls and Grocery I do not think that is a very good idea as I agree there would be more 30.06 signs appear and limit my ability to protect myself and family.

[jbirds1210]

Hey guys,
I have heard a couple of people in this thread hint at the law allowing them to carry openly on their own property. Out of pure ignorance I must ask, is it actually legal to openly carry a firearm on your property?? My yard belongs to me, but I find it difficult to believe that if my 1911 was holstered to my side that the kids on the sidewalk would not have their daddy call the police or at least cause some reason for concern. I could be wrong and already admitted ignorance......so teach me fellas! Thank you.

[1TallTXn]

Just a thought, would there be a different sign then the 30.06 for no open carry?

Could the law be written such that there is no open carry if sign XX.XX is posted? but CCW is still allowed unless the 30.06 is posted.

so make the signs exclusive of each other.

Just a thought

[Charles L. Cotton]

Jaybirds1210:
Yes, you can carry openly on your own property. Just don't point it at anyone! Seriously, Penal Code §46.02 is the general prohibition on carrying handguns (and other things) on your person. Penal Code §46.15(b)(2) states that the general prohibition found in 46.02 does not apply when you are on your own property. Whether the handgun is carried openly or concealed is irrelevant.

For CHL holders, it is clear that the handgun has to be concealed, when you are not on your own property. (See Penal Code §46.035(a)) I have heard at least one LEO contend that a CHL must conceal his/her handgun even on their own property, as 46.035(a) does not make a distinction as to the owner of the property. I strongly disagree, as 46.035(a) expressly states: A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

If you are carrying a handgun on your own property, then you are not carrying “under the authority of the CHL statute. Rather, you are carrying pursuant to §46.15(b)(2).

So, yes you can legally carry your 1911 openly in your front yard. It may not be the wisest thing you could do, especially if you don’t like to be the center of attention!

Regards,
Chas.

[Charles L. Cotton]

Just a thought, would there be a different sign then the 30.06 for no open carry?

Could the law be written such that there is no open carry if sign XX.XX is posted? but CCW is still allowed unless the 30.06 is posted.

so make the signs exclusive of each other.

Just a thought

If open carry were made legal in Texas, I don't think the Legislature would be willing to set requirements for a third trespass sign, and require a property owner to post two of the three, if they want to keep all CHL's out, regardless whether they were carrying openly or concealed. (We currently have 30.05 and 30.06.) The 30.06 sign would apply to all carrying by CHL's.

Regards,
Chas.

[jbirds1210]

Thanks for the information Charles....I learned my one thing for the day, time for bed! Take care.
Jason

[EricS76]

EricS76

I oppose open carry for a few reasons. 1. You lose the advantage of everybody else, good and bad, not knowing you have a weapon. 2. There is the possibility of making yourself a target (shoot the guy with the gun first kind of BG thinking).

No offense, but on items 1 & 2
It's none of your business.

I am an informed adult and am in better position to decide when and where I will open carry. I could come up with dozens of scenarios where I (and many others on this board) would open carry (if it was legal).

The arguments you have used against open carry could be used against carrying in a fanny pack, wearing a "Shoot me first" / "Photo-Journalist" vest, or wearing an untucked and/or unbuttoned Hawaiian shirt.
quote]



Tom
You're correct, it is none of my business. That's why I said those are reasons I oppose open carry, not reasons why I oppose open carry for YOU. I like having the advantage of not "showing my hand" to potential bad guys.

The comparison of open carry to carry in a fanny pack, vest and untucked hawaiian shirt is very weak at best. There is a very big difference between wearing a handgun in open view and having it concealed by any of those means. Yes, a person MAY have a weapon in a fanny pack or behind a photographer vest, but you couldn't say for sure. Open carrying takes all the doubt away.

[anygunanywhere]

My My. I miss a few days, and this here thread on open carry stirs a lot of debate.

My turn.

I want open carry. The 2A does not stipulate a license to exercise my right. If so, all of the ohther amendments are null and void too.

So far, in the states where open carry is legal, no one has cited an instance where the one open carrying had their weapon taken or was the first one shot by the bad guy. It might happen, but the number of licensed individuals who have been shot and killed during unsuccessful attempts to use their handguns is an even greater example of "lack of training". Maybe training standards need to be defined by law, not gun prohibition.

I do not care what people would say about me open carrying. I do it on my property and the neighbors know it.

You do not necessarily lose the element of surprise. When open carry is legalized, I will probably carry conceled more often than not, just because I believe that is the proper thing to do.

Open carry is all about returning to the life the framers had and knew was right.

Open carry is about respecting me as a citizen.

Open carry is all about the second amendment.

Open carry is all about freedom.

Open carry is all about rersponsibility.

Open caarry is all about what my Creator gave me as a human, created in His image.

Give it back to me. Or else I just might have to take it back.

Anygunanywhere.

[gigag04]

yeah but if open carry is legalized, you will have to change youre name to anygunanywhereanyhow.

[anygunanywhere]

yeah but if open carry is legalized, you will have to change youre name to anygunanywhereanyhow.

Stop it! You're killing me!

[Bubba]

Open carry can be good and I can think of times that would be appropriate. If the weapon is for 2 legged danger, most of the time I'd want the element of concealment / surprise. If 4 legged danger, then it doesn't matter. Imagine if a BG shows up at whatever store to rob it and sees everyone inside openly armed. Kind of a "show of force". BG would be stupid not to change his plans. Otherwise, the gene pool gets cleaned :)
About a year ago, I openly carried a rifle (AR-15) on my evening walk out in the country because of 4 legged potential danger. Just my good luck, nobody drove by that night and no critters attacked either.
Bubba

[tomneal]

EricS76
Tom
You're correct, it is none of my business. That's why I said those are reasons I oppose open carry, not reasons why I oppose open carry for YOU. I like having the advantage of not "showing my hand" to potential bad guys.

I guess my English is not so good.
When I read your original comments, I got the impression that you oppose open carry for anyone. Now, if I am reading your new comments correctly, it appears that you oppose open carry for everyone but me.


What I am really concerned about is Pro-Gun folks falling for some "Goldilocks" view of firearms rights. Like: NO ONE should be allowed to Open Carry because it's "bad tactics". I have to call bogus on the implication that there is Never Any situation where "Open Carry" would be "Good Tactics". As a mater of fact, I have to call bogus on the whole notion that tactics should enter into any discussion of the law. Heck, our political leaders can't even get "common sense" into the law.

Again, I have to state that Charles has a point. Open carry could lead to more 30.06 signs and it could invigorate the Anti-firearm rights folks.

However, "Tactics" is a discussion for when every option of carry is available. Then you can discuss which ones are best for which situations.


See you at the range
NRA Life, TSRA Life, USPSA Life, Mensa Annual
Tom Neal

[gigag04]

NRA Life, TSRA Life, USPSA Life, Mensa Annual
Tom Neal

What all comes with MENSA besides bragging rights. I took a sample test and did really well and got thier recommendation to apply for membership. Too busy and don't know enough to know what all that entails.

Back to Open Carry - I think it is more of a 2A issue than tactics issue.

-nick

[stevie_d_64]

yeah but if open carry is legalized, you will have to change youre name to anygunanywhereanyhow.

Stop it! You're killing me!

Me too!