Skip to comments.Open Carry is Coming to Texas
Posted on 02/06/2014 8:19:49 AM PST by marktwain
For those who do not pay close attention to insider politics in Texas, both parties' likely candidates for governor have now endorsed the policy of restoring the legal open carry of sidearms to Texans. The open carry of sidearms was banned by the reconstruction government after the civil war (war between the states), when the reconstruction government effectively neutered the state constitutional guarantee of the right to keep and bear arms by writing a new constitution.
After the reconstruction governor was forced to flee the governors mansion (he lost the election, refused to concede, and an impromptu Texas militia was advancing on the mansion), the Texans rewrote the constitution again, but left in a clause that allowed the legislature to regulate the wearing of arms. The legislature never repealed the reconstruction ban on wearing arms. This left Texans with the right to openly carry long arms, but not sidearms.
Texans have been exercising that right as a means of pushing for restoring the open carry of sidearms in the state.
Greg Abbot will almost certainly be the Republican candidate for governor of Texas this year. He came out in favor of open carry over a year ago, and his support of open carry draws the most applause at campaign stops. It is not clear exactly what open carry policy Attorney General Abbot would support as Governor. It could be anything from the most common policy in the rest of the country, unrestricted open carry, to the less common but more restrictive policy of licensed open carry. Texas is currently one of five or six states, depending on how you define it, that explicitly bans the open carry of sidearms. Most people, given Texas' reputation as "gun friendly", find this surprising and inexplicable.
The Democrat Party's nearly certain candidate for governor, Wendy Davis, has been struggling lately with revelations that she has not been candid about her history. Her campaign has made some poor choices lately. While Davis has been doing well at raising money from the left, she faces an uphill battle in slightly right of center Texas. Davis, who has an F rating from the NRA, is attempting to build some belated bridges to Texas gun owners. Apparently in anticipation of a run for the governors mansion, Davis made some mildly "pro-gun" votes where it made no difference last year. In January of this year, she promised to expand where concealed carry permit holders may carry handguns. At the time, Bryan Preston of the PJTatler suggested that if she really wanted to distract voters from the contradictions in her origins story, she should come out in favor of open carry of handguns.
It appears that she has taken Mr. Preston's advice to heart. From the AP article in Chron.com:
Rising Democratic star and gubernatorial candidate Wendy Davis has joined her top Republican rival in supporting a proposed "open carry" law. It would allow people with concealed handgun licenses to wear a pistol on their hip, in full view, while in public.While AP says the two candidates for governor support the same policies, that is not immediately clear. In my Internet researches, I have only found that Greg Abbot says that he supports the restoration of open carry of handguns. Wendy Davis says that she supports the open carry of handguns by people with concealed handgun licenses. Perhaps Ms. Davis conversion to second amendment proponent will prompt Mr. Abbot to clarify his position.
Open carry used to be a gun rack in your truck filled with rifles.
Sorry to throw cold water on this fire, but if Wendy somehow gets elected, I’m not exactly confident that this portion of her platform will survive.
Open carry is ok for those who want it.
I prefer to conceal and carry, because I wear dresses and skirts, and there are many of those garments which are not enhanced by a holstered guy.
I say we should have the choice to carry either way.
I meant to ay holstered GUN of course—
“Sorry to throw cold water on this fire, but if Wendy somehow gets elected, Im not exactly confident that this portion of her platform will survive.”
You have excellent political instincts. I doubt the MS Davis will get elected, however. Her campaign seems to be imploding. Still, leftist donors have deep pockets...
The greatest obstacle to TX open carry has been “Republicans” David Dewhurst (yes, him) and Joe Straus.
I think a guy should be able to dress how he pleases... ahem...
Democrat cities Like El Paso and Austin et al will probably ban it!
Only way it will get past the House is to get rid of Joe Strauss as Speaker. He’s not for open carry.
Sure You did;)
Never know when You’ll need Quickdraw McGraw.
If this ever comes about, I will still carry concealed. A plus would be that I would not have to worry so much if someone were to divine that I have a gun in my pocket.
I feel safer concealed. If my gun were in the open, a perp could grab it and shoot me before I knew what was happening. Also, if I were in a situation that called for me to use a gun, I'd rather the perp(s) not know I am armed; otherwise their first order of business might be to take me out immediately.
When Texas joined the Union, they signed on to the 2A being the Supreme Law of the Land, the laws of any State to the contrary notwithstanding.
It’s fine if they want to double down in the Texas Constitution with the protection, but the “infringement” on how you may bear your armaments is unConstitutional on it’s face.
Open, concealed, long gun, pistol, machine gun, knife, heavy rock...
It's a personal choice and an individual Right.
Unfortunately, it was “the union” who neutered the Texan’s protection of the right to keep and bear arms after the civil war. Texas courts explicitly protected the rights of freed slaves to bear arms in the brief period between when the reconstruction government took over and when they rewrote the Texas constitution.
Of course, one of the primary motivators for the 14th amendment was to protect 2nd amendment rights for freed slaves. That was effectively neutered by the Supreme Court, right up to the Heller decision.
Is a holstered guy the same as a Trojan Warrior?
LOL...watch out with that twitchy typin’ finger..ha...
All those years Chism was carrying openly was illegal!?
Yep. The Queen of Baby Killers will “late term” that bill in a nano-second.
Oh hell yea!
There were some exceptions in the law for carrying while “traveling”. I expect that the law was rather selectively enforced.
We are working on it! - (removing Strauss as Speaker!)
Nope—ole Laz knows me, and I’m very sure he doesn’t want a photo—LOL!
Let the rapist, muggers, robbers, carjackers see what the obstacle is before them.....perhaps they'll think their life is worth more than thirty bucks.
Pretty sure you’d have the choice.
I completely understand your reasoning and agree. Shouldn’t we have a choice?
I agree that it's a personal choice and individual right, but we also have the right NOT to open carry AR-15's into restaurants and grocery stores - it's a right, not a mandate, and any right can be misused.
Republican Governors used to give us the same problem in Kansas when it came to concealed carry. Finally we were able to elect a state congress with enough conservative votes to override the veto of none other than democrat Kathleen Sebelius.
I loved the “old west” ways where anyone could (and did) carry out in the open. Might stop a lot of those “knock out” game playing idiots from even considering it.
I find the current state of Open Carry in TX to be a bit of a mystery. At the moment, the rule is exactly the same as in California, right? No open-carry, period?
Couldn’t agree more, marktwain.
Texas is destined to be a very big part of the salvation of America. Open carry of sidearms is a good first step.
Thanks. What you say makes sense. Given choices, most will probably choose concealed over open carry for the reasons you have stated.
Personally, Open carry is like a beautiful woman who openly displays her nakeness rather than conceals her beauty for special someone. It’s the mystery angle. Does he carry or doesn’t he? Bad guys want to know and only you know for sure.
“I find the current state of Open Carry in TX to be a bit of a mystery. At the moment, the rule is exactly the same as in California, right? No open-carry, period?”
It is a bit more complicated than that. California recently banned unloaded open carry of long guns, for example, while open carry of long guns is protected by the Texas Constitution. There are links in the article that give much of the back story, if you are interested:
May as well just admit to yourself that you are FOR some forms of "gun control" then.
If a business doesn't want me to carry in their "open to the public" establishments... They need to put up a sign with their insult clearly stated so I can spend my money elsewhere.
As long as you can draw as fast as The Texan.
I think it would be better for us gun owners to control ourselves (i.e., choose not open carry rifles in places where the public could be unnecessarily alarmed, thus giving gun ownership a bad image), than put certain establishments in a tough position such that they put up signs or, worse yet, the government impose restrictions.
You are free to sit in the back of the bus...
Yes, and I am also free to carry concealed when open carry of a rifle would be unwarranted and unnecessary, but doing so would certainly emphasize the fact that I had the right, and most assuredly make a positive statement regarding gun ownership and gun owners.
All you knuckleheads downthread with your usual moronic parroting of the “tactical risks” of open carry need to understand what this is about. This is not an issue of strapping on yore sixgun and swaggering into the local saloon. This is about a CHL holder bending down to pick up a can of peas at the local grocery store in Austin, Houston, Dallas (or some smaller pocket of Demorat control) and having some bedwetting hoplophobe run to the next aisle and call 911 to report a “gun carrying maniac about to kill us all”.
The way the law stands, that CHL holder, if he is lucky enough not to be riddled with gunfire by the responding JBTs, will almost certainly lose his CHL. He might even wind up doing hard time for it. The point to open carry in Texas is so a concealed firearm accidentally displayed doesn’t ruin a CHL holder’s life.
You may now resume your chest pounding proclamations of “I’d never carry right out in the open cause that might let some varmint get the drop on me”.
That was an absolutely classic typo.
I prefer CC as well, but I'd love for OC to be legal as well, because that way you can't get nailed for inadvertantly 'flashing' the weapon. Would also eliminate being hassled for 'printing' by anti-gun cops.
I think she pulled out via a thread yesterday???
Yes—the “printing” thing is hard for me since I am a very small woman. I usually wear an oversized buttoned shirt hanging on the outside, which is not my idea of haute couture -—LOL! (But it is concealing.)
Bull Sh!t. Constitutional Carry or War.....
Sure you did;^)
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