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Two Members Of Open Carry Texas Arrested
KEYETV.com ^ | 10-27-13 | unattributed

Posted on 10/27/2013 8:26:54 PM PDT by smokingfrog

There is anger and frustration tonight as Department of Public Safety officers arrest two members of Open Carry Texas at the capitol.

OCT member Amanda Andeen says, "Two of our party members were carrying two pre 1899 black powder replica revolvers, they were holstered the whole time, they were never drawn or displayed rudely by any means." Andeen's boyfriend is one of the men arrested. The group had been attending a Let's Roll America protest at the capitol.

DPS spokesperson Tom Vinger said, "The men were openly carrying suspected deadly weapons and were given the opportunity to leave the area, but refused." But a spokesperson for open carry Texas told us the pistols the men carried were black powder replicas of pre-1899 revolvers and therefore exempt as a firearm.

(Excerpt) Read more at keyetv.com ...


TOPICS: Government; News/Current Events; US: Texas
KEYWORDS: banglist; grisham; guncontrol; opencarry; secondamendment
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1 posted on 10/27/2013 8:26:54 PM PDT by smokingfrog
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To: smokingfrog

there hasn’t been an epidemic of crimes with cap-and-ball revolvers, has there?


2 posted on 10/27/2013 8:48:59 PM PDT by donmeaker (The lessons of Weimar will soon be repeated.)
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To: marktwain

Ping.


3 posted on 10/27/2013 8:52:01 PM PDT by Jet Jaguar
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To: smokingfrog

The purpose of the arrests are simple.

DO NOT RESIST OUR AUTHORITY.

What is or is not illegal is irrelevant to
those in power and their badgemonkey
thug muscle.

What matters is their authority is accepted
without question.


4 posted on 10/27/2013 8:54:05 PM PDT by nvscanman
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To: smokingfrog
Interesting. Black powder replicas are perfectly legal for open carry in Texas.

But this is Austin. A blue malodorous island of liberalism.

5 posted on 10/27/2013 8:54:07 PM PDT by Gabrial (The nightmare will continue as long as the nightmare is in the Whitehouse.)
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To: smokingfrog; Marcella

Pinging you, marcella. Pretty bad when even Texas LEOs are drinking the koolade.


6 posted on 10/27/2013 9:01:08 PM PDT by greeneyes (Moderation in defense of your country is NO virtue. Let Freedom Ring.)
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To: nvscanman

They were arrested for criminal trespass, not for illegal display of firearms. Go figure.


7 posted on 10/27/2013 9:02:05 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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To: smokingfrog

If they were guilty of trespassing then why only arrest those two? While I could be wrong, one of these days the crowd may turn on the cops as it seems to be coming to a head.


8 posted on 10/27/2013 9:11:26 PM PDT by scripter
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To: greeneyes
“Pretty bad when even Texas LEOs are drinking the koolade.”

We do not have total open carry in Texas. One may not carry handguns open carry. One MAY carry rifles open as they are hunting weapons.

This open carry group is going all over Texas to get arrested to push total open carry. The cops would not have known these open carry handguns were replicas which is what the open carry group wanted - get the guys arrested, then cops would look bad when the guns were replicas.

I have an air gun handgun made to look like the real thing - I would not carry that in the open or I would get arrested until it could be proved it was not a real handgun or, if I didn't hand it over, I would likely be shot.

If you go about open carrying a weapon that looks like the real thing, expect to get arrested.

Cops react when it appears to be a real gun - if I were one of them, I would, too. The open carry group will keep doing this and keep getting arrested, then they will yell and scream. I am not on their side for doing this.

9 posted on 10/27/2013 9:18:22 PM PDT by Marcella ((Prepping can save your life today. I am a Christian, not a Muslim.))
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To: smokingfrog

They got off easy. In CA they shoot you for carrying a plastic gun. Phttp://www.freerepublic.com/focus/f-news/3084365/posts


10 posted on 10/27/2013 9:21:28 PM PDT by Doomonyou (Let them eat Lead.)
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To: scripter

The capitol grounds are public property, so I don’t see the logic of charging them with trespassing, let alone criminal trespass.


11 posted on 10/27/2013 9:25:03 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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To: Marcella

You must like the taste of boot leather. I don’t, though.


12 posted on 10/27/2013 9:27:37 PM PDT by dinodino
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To: Marcella

I understand the point they’re trying to make, of course, but it worries me that these kind of tactics can backfire on responsible gun owners.


13 posted on 10/27/2013 9:28:06 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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To: Marcella

I thought Texas was open carry. My mistake.


14 posted on 10/27/2013 9:28:59 PM PDT by greeneyes (Moderation in defense of your country is NO virtue. Let Freedom Ring.)
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To: Marcella

I have no problem with a cop seeing the holstered pistol and checking because he thought it was a violation on his presence. BUT, in accordance with clear Texas law, the minute he saw it was black powder, he should have thanked them for cooperating and politely returned their revolvers.

Cap and ball is legal in Texas.

(of course, I support the full legalization of open carry on Texas. And NOT just the pussified version being recently offered which requires a level II security holster as a sop to the cops lobby.


15 posted on 10/27/2013 9:35:13 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: smokingfrog

The charge is just a detail.....what matters is the arrest...the physical display
of what happens to ANYONE who opposes the power structure.


16 posted on 10/27/2013 9:40:31 PM PDT by nvscanman
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To: smokingfrog

The charge is just a detail.....what matters is the arrest...the physical display
of what happens to ANYONE who opposes the power structure.


17 posted on 10/27/2013 9:40:47 PM PDT by nvscanman
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To: smokingfrog

Texas Law.

Sec. 46.01. DEFINITIONS. In this chapter:
(3) “Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:

(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
Black Power Antiques are not considered to be Weapons or Firearms


18 posted on 10/27/2013 9:43:35 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: Gabrial

20 years from now Texas will look like CA. Austin is the cancer inside the texan body. It will eventually kill the host.


19 posted on 10/27/2013 9:46:54 PM PDT by hillarys cankles
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To: dinodino

“You must like the taste of boot leather. I don’t, though.”

I don’t know what you mean by that.

A cop can’t tell immediately if a gun is real if a man is approaching him with what appears to be a real weapon in a holster which is illegal to carry open carry in Texas. If the cop doesn’t respond as though it is a real weapon, the cop could end up dead. I do not blame the cop for arresting the man until it was sorted out and I don’t know if the man resisted arrest or what actually happened but the man with the fake gun in the holster was asking to be arrested.

If this open carry group wants a law to approve open carry, do what the rest of us have to do - write the law and give it to a state senator in favor of that, to introduce the bill to the legislature. If you live in Texas, every time you vote, your vote goes to your courthouse to central counting on election night to be counted. Your vote is counted by the people working in central counting and they are chosen according to a law my husband wrote and State Senator Nichols introduced the bill and it passed both houses without a dissenting vote. Every county has to follow the law he wrote and he didn’t run around Texas getting arrested at every courthouse.

Running around the state with fake guns in order to get arrested is totally stupid and this is not their first time to do this.


20 posted on 10/27/2013 9:52:33 PM PDT by Marcella ((Prepping can save your life today. I am a Christian, not a Muslim.))
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To: hillarys cankles
“20 years from now Texas will look like CA. Austin is the cancer inside the texan body. It will eventually kill the host.”

That is BS. The city of Austin is separate from the capital. Austin has more Republicans now than they ever had and there is a historical reason why that county was so heavily Democrat until recent years.

The state of Texas was totally Democrat from their beginning of parties. Therefore, the families in Austin were Democrats as they had the offices and staffs all over the capital. Those family ties are still there in their sons and daughters and their sons and daughters and that is why Austin has always had a majority of Democrats.

Now there are Republican office holders and Republicans have been appointed to state agencies there but travel is fast now and many of them live in surrounding counties rather than Travis County. Sure, I know Republicans who live there, but yes, the majority are Democrats due to that long history of Texas being ruled by Democrats.

Many years ago I was with a Democrat family who was living in Austin and the matriarch of the family explained to me how the state developed with Democrats coming to Austin and she was part of that group. None of her generation are still living but her decedents still live there and that is the case with many others.

21 posted on 10/27/2013 10:12:11 PM PDT by Marcella ((Prepping can save your life today. I am a Christian, not a Muslim.))
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To: Marcella

There’s a big difference between a cop happening upon a lone person on a dimly-lit street who has a pistol in a holster, and a cop accosting a member of a large crowd gathered for the explicit purpose of advocating for open-carry, who has a holstered pistol. In the latter situation, there is absolutely no reason to believe that the person is suddenly going to draw and open fire on the cop, and plenty of opportunity for the cop to request verification that the firearm in question is permitted i.e. “excuse me, sir, I need to ask you about the pistol you’re carrying” “officer, this is a black-powder revolver, and is explicitly excluded from the open-carry prohibition” “thank you, go about your business”. The people carrying those revolvers didn’t approach the cops; the cops pulled them aside and arrested them. Ignorance of the law is no excuse for private citizens; it should also be no excuse for those whose job is to enforce said laws.


22 posted on 10/27/2013 10:14:52 PM PDT by Little Pig (Vi Veri Veniversum Vivus Vici.)
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To: smokingfrog

“.....black powder replicas of pre-1899 revolvers and therefore exempt as a firearm.”

I didn’t know that.... now I need one.


23 posted on 10/27/2013 10:24:59 PM PDT by Gator113 ( Cruz, Palin and Lee speak for me, most everyone else is just noise.)
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To: Marcella

“Running around the state with fake guns in order to get arrested is totally stupid ....”

As always, you’re spot on.


24 posted on 10/27/2013 10:38:12 PM PDT by Gator113 ( Cruz, Palin and Lee speak for me, most everyone else is just noise.)
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To: Gator113

“As always, you’re spot on “

Great response. Subtle but hilarious.


25 posted on 10/28/2013 12:07:59 AM PDT by jim-x (9/11/2001 - Never forget, Never forgive.)
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To: Gator113

“.....black powder replicas of pre-1899 revolvers and therefore exempt as a firearm.”

Except in Illionois. A few years ago, about 2007, Illinois changed the law to bring these antique and antique replica blackpowder firearms under Illinois authority and requires a FOID card to possess.


26 posted on 10/28/2013 12:36:55 AM PDT by WhiskeyX ( provides a system for registering complaints about unfair broadcasters and the ability to request a)
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To: hillarys cankles
20 years from now Texas will look like CA.

It will be worse. The liberals will use all the "law and order" regs against the idiot conservatives who enacted them.

27 posted on 10/28/2013 12:55:50 AM PDT by ClaytonP
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To: smokingfrog
Just had a conversation with a gentleman here in rural SW PA. He exited a vehicle with his wife and 2 children in the parking lot of a small grocery store. I introduced myself a and asked if he had been given any grief by local Leo or businesses. He said no, not even the recently opened Wallyworld.

Good sign.

28 posted on 10/28/2013 1:42:24 AM PDT by Eagles6 (Valley Forge Redux)
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To: Marcella

...and the matriarch of the family explained to me how the state developed with Democrats...
************************************
Good post by you, as usual!!

I appreciate your conservative past and present contributions in Texas politics.


29 posted on 10/28/2013 1:58:33 AM PDT by octex
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To: smokingfrog

You may beat the rap, but you can’t beat the ride.


30 posted on 10/28/2013 2:38:22 AM PDT by FreedomPoster (Islam delenda est)
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To: FreedomPoster

Some times the ride is worth tens of thousands of dollars.


31 posted on 10/28/2013 3:29:52 AM PDT by riverrunner
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To: smokingfrog
I understand the point they’re trying to make, of course, but it worries me that these kind of tactics can backfire on responsible gun owners.

Exactly
Out of sight, out of mind.

32 posted on 10/28/2013 3:38:20 AM PDT by Vinnie
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To: greeneyes

You made no mistake. Long guns and pre-99 pistols (which are not firearms, by the Firearms Act of 1934) _ARE_ legal to open carry in Texas. These jackbooted thugs just don’t like people resisting their authoritay.


33 posted on 10/28/2013 5:59:27 AM PDT by backwoods-engineer (Blog: www.BackwoodsEngineer.com)
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To: nvscanman
What is or is not illegal is irrelevant to those in power and their badgemonkey thug muscle.

No kidding. Did you see the Brownshirt Badge Blimps in the video?

http://www.youtube.com/watch?v=uZyKh-5RZ1s

34 posted on 10/28/2013 6:32:55 AM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: Gator113

I just looked at the video and it looks as if the man with the fake gun did not show it to the Rangers, kept it in the holster and just told them it was a replica which they could not have known since it was not shown to them.

This group is called “Open Carry Texas” and they were there to get some of them arrested. Also, some of those people sat down in the road in front of the Ranger vehicle so it couldn’t go forward and they arrested one of those people. If someone sits in the roadway and won’t move, that person is asking to be arrested.

Filthy language was shouted at the Rangers and yet they kept their cool.

I still say if the group “Open Carry Texas” wants a law to bring about total open carry they should get a member of the legislature to carry a law permitting total open carry. Setting up the Rangers so the dissidents get arrested, and shouting filthy language will not get a law passed.


35 posted on 10/28/2013 8:53:42 AM PDT by Marcella ((Prepping can save your life today. I am a Christian, not a Muslim.))
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To: Marcella

Just so more info is out on the table here’s something that may not be evident.

Snip
Army Master Sgt. Christopher “C.J.” Grisham with Open Carry Texas was there with
his group. Back in March, he was arrested by Temple Police for carrying an AR-15.
Last week Fox 7 reported his case was declared a mistrial.

After what happened to him, he started OpenCarryTexas.org.

end snip

Read more: http://www.myfoxaustin.com/story/23799017/2-arrested-at-capitol-for-carrying-black-powder-handguns#ixzz2j28yGaPB


36 posted on 10/28/2013 9:10:12 AM PDT by deport
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To: octex
Thanks for your comment. The history of a state has a bearing on the state now as history cannot be washed away and the state started over.

In the 1970s, this state was still Democrat in name. An attorney in Dallas “recruited” me into a group of Democrats who were actually conservatives. It was that movement across Texas that turned us into a Republican state. The attorney told me this group had the name of Democrat but it was really people like him, a conservative, who had gathered themselves together to elect conservatives and eventually they would change their name to a Republican group.

The big turn happened, almost over night, when George Bush became governor. It was okay then to say you were a Republican. Liberals began to be defeated at every election and now every elected state official is a Republican and not just in name - they have to be conservative or they won't be elected again.

37 posted on 10/28/2013 9:20:09 AM PDT by Marcella ((Prepping can save your life today. I am a Christian, not a Muslim.))
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To: Marcella

Not everyone has courage.


38 posted on 10/28/2013 10:41:22 AM PDT by School of Rational Thought
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To: Gator113

“.....black powder replicas of pre-1899 revolvers and therefore exempt as a firearm.”

“I didn’t know that.... now I need one.”

Try to find a Ruger “Old Army”. It is a beefed-up version of an 1858 Remington. They are sturdy, accurate and powerful, particularly when stoked with conical bullets.


39 posted on 10/28/2013 12:53:56 PM PDT by TexasRepublic (Socialism is the gospel of envy and the religion of thieves)
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To: Marcella

Nothing wrong with verbally abusing Brownshirts. I thought the language was quite appropriate. Do it while you can, peasant...


40 posted on 10/29/2013 6:50:44 AM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: Marcella; All

This was at the state capitol in Austin, where it has happened before, so it is hard to believe that the DPS officers did not know that the cap and ball revolvers are legal to openly carry.

I am sure that they did, otherwise they could have arrested them for openly carrying.

Instead, they arrested them for trespass. The question is, is the arrest for trespass legal?

Someone made the decision the “chill” the open carry of replicas. Who made that decision?


41 posted on 10/29/2013 8:52:54 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain

I saw the video where they arrested one or two people for sitting in the street blocking the path of the Ranger’s vehicle. One will be arrested for sitting in the street and refusing to move.


42 posted on 10/29/2013 9:44:40 AM PDT by Marcella ((Prepping can save your life today. I am a Christian, not a Muslim.))
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To: Marcella

Of course, if they are blocking traffic, that is different from a simple arrest for trespass.


43 posted on 10/29/2013 9:58:28 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: deport; Dead Corpse; BBell; Hot Tabasco; WhiskeyX; Gene Eric; dragnet2; SpinnerWebb; TigersEye; ...
 

UPDATE

Back on this thread  (and many others) we saw how Grisham is an attention whore looking to SET BACK the second amendment as he STAGES gimmicks to call attention to himself.

He's at it again. He didn't get arrested again - but two members of his little group did.

And still some peole think he's their poster boy for gun rights. Hoo Boy!

44 posted on 10/29/2013 10:13:01 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: Marcella; marktwain; smokingfrog

Ping to post 44. A little backstory on Chris Grisham invloved in Saturday’s arrest.


45 posted on 10/29/2013 10:17:22 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: Responsibility2nd

So... You are still on the side of the Left-wing gun haters then?

At least you are consistent in your disregard for the letter of the law and your utter contempt for individual Rights.


46 posted on 10/29/2013 10:18:51 AM PDT by Dead Corpse (I will not comply.)
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To: Marcella
Marcella said: "...kept it in the holster and just told them it was a replica which they could not have known since it was not shown to them."

Unless the cops have a reason to suspect that the gun is other than the person carrying it states, what authority do the police have to question the person?

Here in the People's Republik of Kalifornia, the state claimed the authority to outlaw bearing of LOADED firearms and permitted the cops to seize any persons firearm to determine whether it was loaded or not.

This is less of an issue now that UNLOADED bearing of arms has been outlawed.

I'm embarrassed for Texas to think that Arizona has overtaken them in gun rights and there isn't outrage on the part of Texans that this is so.

47 posted on 10/29/2013 10:26:23 AM PDT by William Tell
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To: Dead Corpse

Why don’t your put your rear end on the line and get arrested too? If you agree with Grisham and what he does - then go get a toy pistol and face off with some LEO.

I dare you.

If you don’t get shot and killed like that 13 year old boy in California - then you can come back here and share - first hand - your story of getting cuffed and arrested.

Until then - shut the hell up.


48 posted on 10/29/2013 10:29:40 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: Responsibility2nd

Wow... You’ve really made your case for your support of gun control there.

Such brilliant argumentation. Truly a credit to your Cause.

How about supporting an Individual’s Rights for a change. Or is that too much to ask?


49 posted on 10/29/2013 10:32:21 AM PDT by Dead Corpse (I will not comply.)
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To: William Tell

It is illegal to open carry a handgun in Texas. If a Texan has a concealed carry permit, a concealed handgun may be carried. A person carrying a visible handgun will be stopped whether it is loaded or not as the law doesn’t distinguish between loaded and unloaded. Until new law is written, it is illegal to open carry a handgun.


50 posted on 10/29/2013 10:54:01 AM PDT by Marcella ((Prepping can save your life today. I am a Christian, not a Muslim.))
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