TX: Open Carry Passes Senate, with Dutton Amendment, on to Governor Abbott

Gun Watch ^ | 23 May, 2015 | Dean Weingarten

[marktwain]

Senator Whitmire, D Houston, during his non-filibuster filibuster.


I just watched hours of debate in the Texas Senate on Committee Substitute HB 910.  The Senate Committee had removed the Dutton amendment, that stipulated that the police could not stop you for merely exercising your right to carry openly, and ask for a permit or license.    Here is the amendment:

CERTAIN INVESTIGATORY STOPS AND INQUIRIES PROHIBITED.   A peace officer may not make an investigatory stop or other temporary detention to inquire as to whether a person possesses a handgun license solely because the person is carrying a partially or wholly visible handgun carried in a shoulder or belt holster.

The debate over this amendment, amendment 9 in the Senate, grew almost farcical at time.  Senator Whitmire, Democrat from Houston, a senator for 32 years, engaged in what amounted to a mini-filibuster.  It appeared clear that he was simply trying to delay, delay, delay.  It shows how incremental violations of rights lead to greater and greater violations of rights.  He made the claim that no probable cause needed to ask for a license, because  game wardens,  and people involved in maritime activities could be stopped and asked for licenses.   Those infringements on 4th amendment rights were being used to justify more infringements.

He said that he is not filibustering, as he is essentially filibustered.

He said that  African Americans are only 7 percent of CHL holders, thus implying that harassment of open carriers was not an important issue.

He must have know he did not have the votes, or he would not have kept blathering.  At the end he admitted the obvious, and said that he opposes the amendment, and would oppose the bill afterward.

Then Joan Huffman, a nominal Republican from Houston, got the floor and gave the a face to the term RINO.   She repeatedly tried to obfuscate about the amendment, in my opinion.  I lost all respect for her.   At one point, she said "No one is infringing on their second amendment rights."   I could have given her a dozen examples to prove her wrong, but I am not a Texas Senator.

Eventually she asked for a recess to print copies of an amendment.  Her five minute break  became over 30 minutes, only to withdraw the amendment to the amendment after a procedural challenge.  It appeared to be a calculated delaying tactic.  As much as she claimed otherwise, her actions seemed motivated by a desire to kill the bill.

Why was there such intense debate over this amendment, which legally, did very little?  Simple.  If the amendment passed, the bill did not have to go back to the house, and would go directly to Governor Abbott.  A vote for the amendment was a vote to pass open carry, with no more legislative games.  That is exactly what happened.
 
Finally, the Senate voted on amendment 9 and passed it 19-12.  Then they passed the third reading vote, 26 ayes, 5 nays.

Then they moved to suspend the constitutional three day rule:  26 ayes, 5 nays.

Final Passage:  20 ayes, 11 nays.  

Now the bill will go to Governor Abbott, who has pledged to sign it.  There will be a few days to meet the legal requirements, but it appears that open carry will become the law in Texas on 1 January, 2016.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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[marktwain]

There is minor wording discrepancy between the House and Senate versions.

The bill will need a concurrence from the House, which should be a simple vote with no scheduling games, and no amendments.

I expect this bill to go to Governer Abbott, but there are a few procedures that need to be followed.

[yefragetuwrabrumuy]

Holy smokes was this a brawl. I am still wondering how they managed to get the house bill up for the vote past Joe Straus, the nominally-Republican-only Democrat speaker of the house.

Also, I wonder how soon it will be before gun liberty advocates in Texas can push for the state to go “full Arizona” in its gun laws. Arizona’s savings by having gun liberty must already be in the millions of dollars, just at the state level. Perhaps double that at the county and city level.

[Kolb]

This is great news, maybe not perfect but definitely a step in the right direction.

[marktwain]

Even statists have a hard time ignoring the largest social movement in Texas history since Civil Rights.

There have been over 2,500 open carry marches in Texas in the last 18 months.

This was an issue pushed by genuine grass roots from the bottom up, and this bill is the minimum that could be pushed through the legislature and allow most members not to face primary opposition.

I expect primary opposition to Joan Huffman after her performance yesterday.

[zeugma]

Good news. Thanks!

My question is, why waiy for jan 1?

[marktwain]

I believe that the argument that was put forward was that peace officers will need to be trained in the new law, so it is to allow for a transition period.

I do not expect rationality in legislative matters.

[patriot08]

This is the new governor of Texas, Greg Abbot

What a cutie!

Most are unaware that he is paralyzed from the waist down due to a tree falling on him when he was quite young

[Envisioning]

Finally!.....I hope. I guess no campus carry rider attached? :(

[marktwain]

Lt. Governor Patrick (who runs the Senate) said the Staus (who runs the House) assured him that a the House would vote on Campus Carry in time for the Senate to be able to vote on it.

We will see if Straus does what Patrick says he will.

[marktwain]

the Staus should be that Straus,

[Windflier]

Finally!.....I hope. I guess no campus carry rider attached?

I don't know if the campus carry rider was attached or not, but I thought it was a risky gambit try and tack it onto a bill that had already passed both houses with but one sensible amendment.

On to the Governor!

[WildHighlander57]

Any updates on this?

I heard yesterday that it was going to the governor for signature.

Did the dutton amendment stay in?

Were there any other changes?

[marktwain]

Dutton Amendment taken out in Conference Committee. Not a tremendous deal.

[WildHighlander57]

Didn’t the Dutton amendment say that cops couldn’t stop someone just to ask if they had a CHL ?

[WildHighlander57]

Did amendment 9 stay in, the one that said they couldn’t stop someone just to ask if they had a CHL ?

Am unsure what the final bill had in it...

Dutton...
amendment 9...
yesterday I thought I heard something like “ huffines amendment....

[marktwain]

The Dutton amendment, Huffines amendment and amendment 9 are all essentially the same thing.

They all got pulled from the final bill. In my opinion, the opposition to the amendments was all ginned up out of thin air. The amendment does nothing that the 4th amendment of the Constitution does not already do.

The amendments would simply have protected police departments from the lawsuits that are now inevitable.

The same result will come, a little later, as police are schooled that they cannot simply stop people without any reasonable suspicion of a crime being committed.

[WildHighlander57]

Many thanks for the info!