Any new bills to fix Disorderly conduct by D. Firearm?

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Beiruty
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Any new bills to fix Disorderly conduct by D. Firearm?

#1

Post by Beiruty » Sun Apr 26, 2015 8:28 am

Are there any new bills to fix Disorderly Conduct by Displaying a Firearm in a manner calculated to alarm?
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K5GU
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Re: Any new bills to fix Disorderly conduct by D. Firearm?

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Post by K5GU » Sun Apr 26, 2015 10:07 am

Beiruty wrote:Are there any new bills to fix Disorderly Conduct by Displaying a Firearm in a manner calculated to alarm?
The only introduced bill I know of that directly amends PC 42.01 (Disorderly Conduct) is HB2445 introduced on 3/5/15 and considered in committee on 4/21/15.

http://www.capitol.state.tx.us/tlodocs/ ... 02445I.htm" onclick="window.open(this.href);return false;

From Charles Cotton's 2015 Bills section: "HB2445 (White, James): Relating to conduct that constitutes the offense of displaying a firearm in a public place.
Impact: Repeals Tex. Penal Code §42.01(a)(8) that creates an offence for displaying a firearm in a certain manner.
This provision has been abused.
Position on Bill: Support
Status: Filed 3/4/15."
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Re: Any new bills to fix Disorderly conduct by D. Firearm?

#3

Post by jmra » Sun Apr 26, 2015 10:21 am

K5GU wrote:
Beiruty wrote:Are there any new bills to fix Disorderly Conduct by Displaying a Firearm in a manner calculated to alarm?
The only introduced bill I know of that directly amends PC 42.01 (Disorderly Conduct) is HB2445 introduced on 3/5/15 and considered in committee on 4/21/15.

http://www.capitol.state.tx.us/tlodocs/ ... 02445I.htm" onclick="window.open(this.href);return false;

From Charles Cotton's 2015 Bills section: "HB2445 (White, James): Relating to conduct that constitutes the offense of displaying a firearm in a public place.
Impact: Repeals Tex. Penal Code §42.01(a)(8) that creates an offence for displaying a firearm in a certain manner.
This provision has been abused.
Position on Bill: Support
Status: Filed 3/4/15."
I heard the witnesses and the committee comments on this bill the other day. The he committee wants to see changes to the wording of the bill before it will give serious consideration to the bill.
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Bolton Strid
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Re: Any new bills to fix Disorderly conduct by D. Firearm?

#4

Post by Bolton Strid » Wed Apr 29, 2015 1:38 am

Holy moley, that's lame, HB2445 isn't much of a bill. All it does is strike out section 8 of 42.01 of the penal code. What is needed is a reform of the concept of disorderly conduct, and that ain't it. The legislature is going to have to tangibly clarify that mere open carry possession of a firearm doesn't constitute disorderly conduct. Something else that may need to be amended to by the legislature is 38.03 of the penal code to allow for there to be a defense to prosecution against unlawful search or arrest. Just passing OC on through without accompanying reforms in other statutes is only doing the job half baked and setting the stage for future problems.
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Re: Any new bills to fix Disorderly conduct by D. Firearm?

#5

Post by CJD » Wed Apr 29, 2015 8:37 am

Bolton Strid wrote:Something else that may need to be amended to by the legislature is 38.03 of the penal code to allow for there to be a defense to prosecution against unlawful search or arrest. Just passing OC on through without accompanying reforms in other statutes is only doing the job half baked and setting the stage for future problems.
HB1168/SB1795 sought to do that, but they were killed.

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Re: Any new bills to fix Disorderly conduct by D. Firearm?

#6

Post by Bolton Strid » Mon Jun 01, 2015 2:00 am

Any updated information concerning reforming what constitutes disorderly conduct & defense for illegal search/seizure??

Hullo??
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Re: Any new bills to fix Disorderly conduct by D. Firearm?

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Post by CJD » Mon Jun 01, 2015 8:18 am

Bolton Strid wrote:Any updated information concerning reforming what constitutes disorderly conduct & defense for illegal search/seizure??

Hullo??
Both died.

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Re: Any new bills to fix Disorderly conduct by D. Firearm?

#8

Post by Bolton Strid » Tue Jun 02, 2015 12:20 am

CJD wrote:Both died.
Oooo - deal breaker for me. There are states that have had open carry since dirt began and people were still getting hauled in over legally questionable incidents until those issues were reformed. Folks who are in the market for the latest-greatest retention holster may want to budget in some set aside money for bail.
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Re: Any new bills to fix Disorderly conduct by D. Firearm?

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Post by amaly23 » Fri Nov 20, 2015 5:31 pm

Here's the easiest fix that legislators should do in 2017.
St̶r̶i̶k̶e̶t̶h̶r̶o̶u̶g̶h̶s are deletions in the penal code, u̲n̲d̲e̲r̲l̲i̲n̲e̲s̲ are additions.

Amend Penal Code Sec. 42.01. (8) (Disorderly conduct) like this:
A person commits an offense if he intentionally or knowingly:
8. displays a firearm o̶r̶ ̶o̶t̶h̶e̶r̶ ̶d̶e̶a̶d̶l̶y̶ ̶w̶e̶a̶p̶o̶n̶ in a public place in a manner calculated to alarm, b̲u̲t̲ ̲t̲h̲e̲ ̲m̲e̲r̲e̲ ̲c̲a̲r̲r̲y̲i̲n̲g̲ ̲o̲r̲ ̲p̲o̲s̲s̲e̲s̲s̲i̲o̲n̲ ̲o̲f̲ ̲a̲n̲y̲ ̲f̲i̲r̲e̲a̲r̲m̲ ̲o̲r̲ ̲w̲e̲a̲p̲o̲n̲ ̲s̲h̲a̲l̲l̲ ̲n̲o̲t̲ ̲b̲e̲ ̲c̲o̲n̲s̲i̲d̲e̲r̲e̲d̲ ̲d̲i̲s̲o̲r̲d̲e̲r̲l̲y̲ ̲c̲o̲n̲d̲u̲c̲t.

Would largely prevent law enforcement harassment if there is any towards open carry of handguns. What are your thoughts on this? This same model has been used in other states such as Utah.

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