HB 2756

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Originalist
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HB 2756

#1

Post by Originalist » Wed Mar 09, 2011 5:11 pm

Licensed Open Carry has been filed by Lavender. It basically strikes concealed everywhere it appears in the government, alcoholic beverage and penal codes. I hope it passes along with Campus Carry and Parking Lot legislation. It is nice going to PA and OCing every once and a while.

I just hope the fears expressed here do not happen. Good luck to this and every other pro 2A bill out there this session!!!

Thoughts?
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Re: HB 2756

#2

Post by redlin67 » Wed Mar 09, 2011 5:17 pm

You beat me to it, here is the link: http://www.legis.state.tx.us/tlodocs/82 ... 02756I.htm
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Re: HB 2756

#3

Post by jordanmills » Wed Mar 09, 2011 5:26 pm

Yeehaw.

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Re: HB 2756

#4

Post by pbwalker » Wed Mar 09, 2011 5:48 pm

AFCop wrote:
Thoughts?
Yeah. It won't pass...

/my $0.02
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Re: HB 2756

#5

Post by jordanmills » Wed Mar 09, 2011 5:57 pm

pbwalker wrote:
AFCop wrote:
Thoughts?
Yeah. It won't pass...

/my $0.02
Late in the session, no co-authors, no companion... much as I and many others want it, I think this is how it will end.


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Re: HB 2756

#6

Post by RPB » Wed Mar 09, 2011 6:12 pm

It'd be nice, really doubt it will pass this time, perhaps it will influence others to pass other bills that need passing, maybe in the future it will.
Just thoughts.
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Re: HB 2756

#7

Post by flintknapper » Wed Mar 09, 2011 6:20 pm

jordanmills wrote:
pbwalker wrote:
AFCop wrote:
Thoughts?
Yeah. It won't pass...

/my $0.02
Late in the session, no co-authors, no companion... much as I and many others want it, I think this is how it will end.

Yup,

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Re: HB 2756

#8

Post by hirundo82 » Wed Mar 09, 2011 7:05 pm

An important element of an open carry bill should be to specify that open carry alone does not qualify as an offense under §42.08:
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
I can see a lot of arrest for open carry (especially in the big cities) if it is not made explicit that open carry is not disorderly conduct.

Something along the lines of "A person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code does not commit an offense under subsection (a)(8) if the sole element of the conduct is the person carries a handgun in an unconcealed manner."
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Re: HB 2756

#9

Post by jordanmills » Wed Mar 09, 2011 7:09 pm

hirundo82 wrote:An important element of an open carry bill should be to specify that open carry alone does not qualify as an offense under §42.08:
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
I can see a lot of arrest for open carry (especially in the big cities) if it is not made explicit that open carry is not disorderly conduct.

Something along the lines of "A person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code does not commit an offense under subsection (a)(8) if the sole element of the conduct is the person carries a handgun in an unconcealed manner."
Good point.


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Re: HB 2756

#10

Post by scud runner » Wed Mar 09, 2011 7:12 pm

hirundo82 wrote:I can see a lot of arrest for open carry (especially in the big cities) if it is not made explicit that open carry is not disorderly conduct.
Do they arrest a lot of bank and armored car guards for disorderly conduct where you live?


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Re: HB 2756

#11

Post by hirundo82 » Wed Mar 09, 2011 7:16 pm

scud runner wrote:
hirundo82 wrote:I can see a lot of arrest for open carry (especially in the big cities) if it is not made explicit that open carry is not disorderly conduct.
Do they arrest a lot of bank and armored car guards for disorderly conduct where you live?
No, but HPD isn't a big fan of CHLs.
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Re: HB 2756

#12

Post by scud runner » Wed Mar 09, 2011 7:20 pm

hirundo82 wrote:No, but HPD isn't a big fan of CHLs.
That's too bad. I hope they're the ones who get laid off by the budget cuts.


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Re: HB 2756

#13

Post by hirundo82 » Wed Mar 09, 2011 7:22 pm

scud runner wrote:
hirundo82 wrote:No, but HPD isn't a big fan of CHLs.
That's too bad. I hope they're the ones who get laid off by the budget cuts.
They've gotten better, but if open carry were to pass and they started getting "man with a gun" calls from soccer moms who get the vapors from seeing someone not in uniform carrying a gun some of them are going to try to get a charge to stick.
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Re: HB 2756

#14

Post by sjfcontrol » Wed Mar 09, 2011 7:39 pm

hirundo82 wrote:
scud runner wrote:
hirundo82 wrote:I can see a lot of arrest for open carry (especially in the big cities) if it is not made explicit that open carry is not disorderly conduct.
Do they arrest a lot of bank and armored car guards for disorderly conduct where you live?
No, but HPD isn't a big fan of CHLs.
Neither is APD :cheers2:
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Re: HB 2756

#15

Post by Aggie_engr » Wed Mar 09, 2011 7:41 pm

scud runner wrote:
hirundo82 wrote:I can see a lot of arrest for open carry (especially in the big cities) if it is not made explicit that open carry is not disorderly conduct.
Do they arrest a lot of bank and armored car guards for disorderly conduct where you live?
How is this even relevant? They are in uniform and expected to be carrying a handgun in their duties. I believe hirundo82 is referring to the multitude of youtube videos of people being harrassed by police because someone reported a man with a gun. Also, open carry garnered so much attention in kalifornia after the people there decided to make a spectacle of their open carry rights (I stated that correctly, it is a right) that legislation was introduced to ban open carry and many business and restaurant chains were lobbied to ban the open carry of firearms in public places. That is the attention that hirundo82 mentions when he says there needs to be a clause excluding openly carrying a firearm from the disorderly conduct clause.

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