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Texas Gun Laws Open Carry
opposingviews.com ^ | 15 April,2011 | Mark Berman

Posted on 04/16/2011 7:01:51 AM PDT by marktwain

Texas is a traditionally rough-and-tumble state that has some of the most permissive guns laws in the country. But you may be surprised to learn that it is illegal to carry a gun openly there.

Texas is one of just seven states -- the others are Arkansas, Florida, Illinois, New York, Oklahoma and South Carolina, plus Washington, D.C. -- that does not have an open-carry law.

Gun advocates are trying to get the state legislature to pass an open-carry law, but so far it has been unable to do so.

"It's shocking that Texas, with its history of rugged individualism that the state symbolizes, doesn't allow open carry," John Pierce, a co-founder of OpenCarry.org told the Fort Worth Star-Telegram.

Texans have been able to get licenses to carry concealed handguns in most places since 1995. However, carrying them openly remains illegal.

Texas Gov. Rick Perry doesn't shy away from his love of guns -- he admitted he takes his gun along with him on jogs, last year shooting a coyote that threatened his dog. The governor said he would consider an open-carry bill if it landed on his desk.

"The governor believes our concealed-carry law works for Texas and that a person ought to be able to carry their weapon with them anywhere in the state if they are licensed and have gone through the training," Perry's spokeswoman Allison Castle said. "He would be open to looking at any proposals lawmakers bring to the table regarding open carry. I suppose we've got what you could call a Texas open carry since you can hang your rifle in the window of your pickup truck." Tens of thousands of people have signed an on-line petition calling on the legislature to pass open carry. Here are some of the comments:

I'm a firm, long time believer in my 2nd Amendment right to keep & bear arms! I hope & pray that the open carry law comes to be in the state of Texas & I urge the powers that be in Texas to make it a law.

Criminals will not rob armed citizens if they SEE the citizen is armed. However, opponents say open-carry is not necessary.

"If you see someone with a holster on, are you just to assume this is a law-abiding person?" said Marsha McCartney, state president of the North Texas Brady Campaign to Prevent Gun Violence. "Are you to assume this person is safe to be around your family? People don't know this. It's common sense thrown out a window."


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Texas
KEYWORDS: banglist; legislation; opencarry; tx
As usual, the left comes up with a far out view, and labels it as "common sense".
1 posted on 04/16/2011 7:01:56 AM PDT by marktwain
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To: marktwain
...you may be surprised to learn that it is illegal to carry a gun openly there.

It has been that way in Texas since the Reconstruction Era except that in the 1860s and '70s, you could open carry if you could prove that you were a "traveler," going from one place to another.

2 posted on 04/16/2011 7:30:00 AM PDT by Inyo-Mono (My greatest fear is that when I'm gone my wife will sell my guns for what I told her I paid for them)
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To: marktwain

Everyone seems to talk about Texas being the gun State of sort, yet, places like Colorado have better gun laws in general than Texas.


3 posted on 04/16/2011 7:51:37 AM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: marktwain
The reason given against open carry is that with it, criminals know whom to go after first when committing a crime. With concealed carry, they never know from where or even "if" to expect trouble. Therefore, concealed carry is arguably safer for the persons packing, and acts as a greater deterrent.

By the way, we now have close to a million CHL holders in this Great State. Many of us routinely tote an insurance policy everywhere we can. And we have some of the best Deadly Force laws in the U.S.

Hopefully, all of this combines to help convince more and more criminals to head for easier pickin's like the ever blue Northeast, Illinois, or the Left Coast.

4 posted on 04/16/2011 8:11:14 AM PDT by Zakeet (I know Obama is level headed because he drools out of both sides of his mouth at the same time)
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To: marktwain
"If you see someone with a holster on, are you just to assume this is a law-abiding person?" said Marsha McCartney,

Actually, now that you ask, yes.

5 posted on 04/16/2011 8:27:44 AM PDT by mnehring
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To: Zakeet

When they get around to passing Open Carry where you can tuck a Chief’s Special in your waistband with only the grips showing then I’ll consider we have won the fight.

No sweating about whether or not it’s “printing” or not just tuck it in the holster and go about your business.


6 posted on 04/16/2011 8:35:07 AM PDT by B4Ranch (Allowing Islam into America is akin to injecting yourself with AIDS to prove how tolerant you are .)
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To: marktwain
As I've said many times, for tactical (and social) reasons, I prefer concealed carry.

However, Texas Summer is fast approaching, and I want to be relieved of the risk of being charged with a crime if I take off my jacket.

IOW, I am not so interested in practicing "open carry" per se as I am insisting on being relieved of the stupid and onerous burden of "required concealment".

I must admit that, out of pure Texian orneriness, I often secure my firearm when removing my jacket -- but wear my empty holster (even a shoulder holster rig) in plain view.

7 posted on 04/16/2011 9:29:28 AM PDT by TXnMA (America's most Orwellian oxymoronic acronym: "DOJ"...)
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To: marktwain

BING search for New Jersey:

New Jersey

Summary
New Jersey is not a traditional open carry state. However, should you be wealthy or connected enough to get one of the rare New Jersey handgun carry permits, New Jersey law makes no distinction between open and concealed carry. However, the status of the state’s preemption law would make this a dangerous proposition. They are amongst the top 5 rights restricted states in the union.


8 posted on 04/16/2011 9:32:05 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: TXnMA

I carry concealed here in Texas at all times. I doubt I would ever carry openly even if it were legal. I hate the fact, though, that a light breeze can reveal my weapon when I exit a store or get out of a car. When this happens, I am committing a felony and can be hit hard by the law (and lose my right to carry at all). Make it legal!


9 posted on 04/16/2011 9:45:50 AM PDT by TexasRedeye (Eschew obfuscation)
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To: CodeToad

I would argue that PA is better than either CO or TX.

From the PA constitution:

The right of the people to bear arms in defense themselves and the state shall not be questioned.

Doesn’t get much more unambiguous than that.


10 posted on 04/16/2011 3:50:52 PM PDT by Red in Blue PA (Let's apply the "reasonable man" standard to gun laws. How many would stand?)
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To: Zakeet

I hear that all of the time, yet see no stories about OCers being attacked.

Please show me all of these stories.

(spoken by one who OCs when the weather warrants)


11 posted on 04/16/2011 3:52:24 PM PDT by Red in Blue PA (Let's apply the "reasonable man" standard to gun laws. How many would stand?)
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To: Zakeet

I hear that all of the time, yet see no stories about OCers being attacked.

Please show me all of these stories.

(spoken by one who OCs when the weather warrants)


12 posted on 04/16/2011 3:52:26 PM PDT by Red in Blue PA (Let's apply the "reasonable man" standard to gun laws. How many would stand?)
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To: Red in Blue PA

I’ll see your PA and call you on CO:

Colorado Constitution:

“Section 13. Right to bear arms. The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons. “

We also now have shall issue on CCW, and, we have the original Make My Day law.


13 posted on 04/16/2011 4:24:36 PM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: CodeToad

Yes, but can you drink in a bar while carrying?;-)


14 posted on 04/16/2011 6:42:30 PM PDT by Red in Blue PA (Let's apply the "reasonable man" standard to gun laws. How many would stand?)
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To: marktwain

Seeing how the folks at “OpenCarry.com”really screwed the pooch last session with some of the commentary they did to embarras and making the process of filing, and walking that bill up through the process such a politically untenable act...

I expect the bad taste in the State Legislature to still be prevalent...

Besides, to make the whole OC thing work the Legislature would have to amend the provisions in Statute 30.06 to keep the influx of that posting from popping up as a result of this OC provision in the law..

Meaning a whole lot of places would be open to posting that restrictive sign and be legally supported to do so as a result of a lot more visability of guns in public...

Now...I know there is a slight effort to see if those changes could be made to keep businesses from going pell-mell on the 30.06 provisions...

See, you have to walk before you can run, and if the goobershnitzles with OpenCarry.org could just keep their yaps closed this time, we might see how far this will go in this session...But I seriously doubt they will find any state legislator to file and carry this bill because of what happened last time...

Personally I would like the choice to OC or not...


15 posted on 04/16/2011 8:37:47 PM PDT by stevie_d_64 (I'm jus' sayin')
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To: Red in Blue PA

Yes. The only real restrictions we have are schools, government bodies, and courts.


16 posted on 04/16/2011 8:47:09 PM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: marktwain

Pretty sure the Texas House passed open-carry 2 days ago. Just FYI.


17 posted on 04/29/2011 5:23:42 AM PDT by TheZMan (Just secede and get it over with. No love lost on either side. Cya.)
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To: mnehring

Marsha McCartney assumption would be correct as there isn’t a criminal alive that is smart enough to look like a law abiding citizen while commiting a crime. Criminals aren’t smart enough to advertise. The Left has moved so far left, they are fix’in to drowned in the Pacific Ocean.


18 posted on 05/25/2012 12:48:46 PM PDT by Sapper92
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