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Open Carry is Coming to Texas
Gun Watch ^ | 7 February, 2014 | Dean Weingarten

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  The legislature never repealed the reconstruction ban on wearing arms.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.

In any case, with both governor candidates openly proclaiming that the time for Texans to reclaim their open carry rights has come, it seems likely that open carry of sidearms will pass the Texas legislature next session.


©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Government; History; Politics; Society
KEYWORDS: abbot; banglist; opencarry; texas; tx
The restoration of open carry of sidearms is long overdue in Texas.
1 posted on 02/06/2014 8:19:49 AM PST by marktwain
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To: marktwain
YES!!!!
2 posted on 02/06/2014 8:20:18 AM PST by fwdude ( You cannot compromise with that which you must defeat.)
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To: marktwain

Open carry used to be a gun rack in your truck filled with rifles.


3 posted on 02/06/2014 8:20:54 AM PST by Slyfox (We want our pre-existing HEALTH INSURANCE back!)
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To: marktwain

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.


4 posted on 02/06/2014 8:22:38 AM PST by alancarp
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To: marktwain

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.


5 posted on 02/06/2014 8:23:18 AM PST by basil (2ASisters.org)
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To: basil

LOL!

I meant to ay holstered GUN of course—


6 posted on 02/06/2014 8:24:29 AM PST by basil (2ASisters.org)
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To: alancarp

“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.”

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...


7 posted on 02/06/2014 8:24:39 AM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain

The greatest obstacle to TX open carry has been “Republicans” David Dewhurst (yes, him) and Joe Straus.


8 posted on 02/06/2014 8:25:06 AM PST by Paine in the Neck (Our Lives, our Fortunes, and our sacred Honor)
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To: basil

I think a guy should be able to dress how he pleases... ahem...


9 posted on 02/06/2014 8:27:13 AM PST by SpinnerWebb (IN-SAPORIBVS-SICVT-PVLLVM)
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To: marktwain

Democrat cities Like El Paso and Austin et al will probably ban it!


10 posted on 02/06/2014 8:27:22 AM PST by Empireoftheatom48 (God help the Republic but will he?)
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To: Empireoftheatom48

Only way it will get past the House is to get rid of Joe Strauss as Speaker. He’s not for open carry.


11 posted on 02/06/2014 8:29:34 AM PST by rstrahan
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To: basil; Lazamataz
I prefer to conceal and carry, because I wear dresses and skirts

Oh, NOW you've done it!
Ol' Laz will be screaming into this thread hoping for pics in the next few minutes...

;-)
12 posted on 02/06/2014 8:29:40 AM PST by RandallFlagg ("I said I never had much use for one. Never said I didn't know how to use it." --Quigley)
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To: basil

Sure You did;)

Never know when You’ll need Quickdraw McGraw.


13 posted on 02/06/2014 8:31:53 AM PST by mabarker1 (Please, Somebody Impeach the kenyan!!!!)
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To: basil
I say we should have the choice to carry either way.

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.

14 posted on 02/06/2014 8:32:52 AM PST by Sans-Culotte ( Pray for Obama- Psalm 109:8)
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To: marktwain

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.


15 posted on 02/06/2014 8:33:34 AM PST by Dead Corpse (I will not comply.)
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To: basil
I'm pro-choice in this regard. ;-)

Open, concealed, long gun, pistol, machine gun, knife, heavy rock...

It's a personal choice and an individual Right.

16 posted on 02/06/2014 8:35:00 AM PST by Dead Corpse (I will not comply.)
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To: Dead Corpse

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.


17 posted on 02/06/2014 8:42:45 AM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: basil

Is a holstered guy the same as a Trojan Warrior?

LOL...watch out with that twitchy typin’ finger..ha...


18 posted on 02/06/2014 8:44:08 AM PST by Fightin Whitey
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To: marktwain

All those years Chism was carrying openly was illegal!?


19 posted on 02/06/2014 8:48:14 AM PST by kickstart ("A gun is a tool. It is only as good or as bad as the man who uses it" . Alan Ladd in 'Shane')
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To: alancarp

Yep. The Queen of Baby Killers will “late term” that bill in a nano-second.


20 posted on 02/06/2014 8:51:13 AM PST by Howie66 (Molon Labe, Traitors!)
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To: marktwain

Oh hell yea!


21 posted on 02/06/2014 8:52:41 AM PST by ForAmerica (Texas Conservative Christian *born again believer in Jesus Christ* Black Man!)
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To: kickstart

There were some exceptions in the law for carrying while “traveling”. I expect that the law was rather selectively enforced.


22 posted on 02/06/2014 8:54:16 AM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: rstrahan

We are working on it! - (removing Strauss as Speaker!)


23 posted on 02/06/2014 8:54:17 AM PST by RebelTXRose
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To: RandallFlagg

Nope—ole Laz knows me, and I’m very sure he doesn’t want a photo—LOL!


24 posted on 02/06/2014 8:57:30 AM PST by basil (2ASisters.org)
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To: marktwain
Bout freakin time.

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.

25 posted on 02/06/2014 8:59:18 AM PST by servantboy777
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To: basil

Pretty sure you’d have the choice.


26 posted on 02/06/2014 8:59:58 AM PST by servantboy777
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To: basil

I completely understand your reasoning and agree. Shouldn’t we have a choice?


27 posted on 02/06/2014 9:01:18 AM PST by Howie66 (Molon Labe, Traitors!)
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To: Dead Corpse
Open, concealed, long gun, pistol, machine gun, knife, heavy rock... It's a personal choice and an individual Right.

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.

28 posted on 02/06/2014 9:05:40 AM PST by jda ("Righteousness exalts a nation . . .")
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To: Paine in the Neck
The greatest obstacle to TX open carry has been “Republicans” David Dewhurst (yes, him) and Joe Straus.

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.

29 posted on 02/06/2014 9:05:45 AM PST by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: Starstruck

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.


30 posted on 02/06/2014 9:16:21 AM PST by DaveA37
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To: basil

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?


31 posted on 02/06/2014 9:16:35 AM PST by Cyber Liberty (H.L. Mencken: "The urge to save humanity is almost always a false front for the urge to rule.")
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To: marktwain

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.


32 posted on 02/06/2014 9:18:59 AM PST by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2016; I pray we make it that long.)
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To: Sans-Culotte

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.


33 posted on 02/06/2014 9:22:17 AM PST by Texicanus ( It's cold here in Texas this morning.)
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To: Cyber Liberty; All

“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:

http://gunwatch.blogspot.com/2013/08/txcome-and-take-it-means-to-restore.html


34 posted on 02/06/2014 9:57:16 AM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: jda
I agree that it's a personal choice and individual right, but...

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.

35 posted on 02/06/2014 10:22:47 AM PST by Dead Corpse (I will not comply.)
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To: Progov

As long as you can draw as fast as The Texan.


36 posted on 02/06/2014 10:36:09 AM PST by nanetteclaret (Unreconstructed "Elderly Kooky Type" Catholic Texan)
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To: Dead Corpse

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.


37 posted on 02/06/2014 11:05:47 AM PST by jda ("Righteousness exalts a nation . . .")
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To: jda

You are free to sit in the back of the bus...


38 posted on 02/06/2014 11:07:18 AM PST by Dead Corpse (I will not comply.)
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To: Dead Corpse

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.


39 posted on 02/06/2014 11:15:50 AM PST by jda ("Righteousness exalts a nation . . .")
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To: marktwain

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”.


40 posted on 02/06/2014 11:36:50 AM PST by Zippo44 (Liberal: another word for poltroon.)
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To: marktwain
Both of these people have been involved in state government for some time. What I want to know exactly what either one of them have done to actively support this in the past. Words are cheap.
41 posted on 02/06/2014 12:59:11 PM PST by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
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To: basil
I meant to ay holstered GUN of course—

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.

42 posted on 02/06/2014 1:01:48 PM PST by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
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To: alancarp

I think she pulled out via a thread yesterday???


43 posted on 02/06/2014 1:02:57 PM PST by Kackikat
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To: zeugma

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.)


44 posted on 02/06/2014 1:25:30 PM PST by basil (2ASisters.org)
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To: marktwain

Bull Sh!t. Constitutional Carry or War.....


45 posted on 02/06/2014 3:22:46 PM PST by S.O.S121.500 (Had Enough Yet ?............................ Enforce the Bill of Rights............ It's the LAW !!!)
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To: basil

Sure you did;^)


46 posted on 02/09/2014 8:49:31 AM PST by DeepInTheHeartOfTexas
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