Charles L. Cotton wrote:For those of you who support open-carry in Texas, would you support only unlicensed open-carry, or would you support licensed open-carry. I asking because it seems a very large percentage of people supporting open-carry are doing so, at least in part, because it avoids the licensing process.
Chas.
That is a major focus, and though OC in any form would be an improvement, my main push is for unlicensed OC.
It's not that I wouldn't become licensed; the question is why I should have to? If the Second Amendment guarantees me, and any other American citizen, the right to keep and *bear* arms in general without government interference, then Texas' laws, which state that the only way I can do so is either on or in my own property, or after having paid $250, sat through 10 hours of classes, and waited months for government permission, are unconstitutional. 90% of states in the Union, comprising three-quarters of its people, agree with me at least to some degree. A "right" is something that you have the inherent ability to do without asking anyone's permission. I am guaranteed the right to keep and bear arms; yet in Texas I must ask for government approval to do so in the general case. Unconstitutional.
Most other reasons I have to support open carry would be satisfied whether licensed or unlicensed, and are mainly practical. The deterrent effect, the added comfort and flexibility of not having to hide the gun (and thus not having choose a gun that can be hidden), and the undeniable fact that an openly-carried weapon will always, always, be faster to draw than a concealed weapon; all of these are major reasons to be in favor of open carry. It benefits CHL holders too; currently, if you conceal, that gun must remain concealed, no matter how hot it gets outside. If you're wearing a suit with shoulder holster or even an OWB waist holster, you cannot take that jacket off if someone else could see the gun when you do so. Same thing for IWB with an overshirt; you generally need an undershirt to avoid chafing, and so it could be 110 degrees out, you're stuck with two layers. Not so if OC were legal; take off the shirt, the suit jacket, etc; you are not breaking any laws no matter how plain your gun then becomes.
Although "printing" and "failure to conceal" require intent according to the letter of the law, CHL holders can and do find themselves defending against charges that they intentionally failed to conceal. Sure, the government must prove intent beyond a reasonable doubt, but you're still sitting there in the courtroom. If OC passed, a failure to conceal, from identifiable printing to plain sight, simply is no longer a crime. If you wanted to conceal, you would still take the same steps to not out yourself, but there is no longer any possible legal consequence for failure to do so unless your failure to conceal is designed to cause alarm.
Lastly, what purpose other than encouraging education (keep in mind no law ever "forced" anyone to do anything) would licensed OC achieve? I'm walking down the street with a gun on my hip. A policeman sees me. He wonders whether I have a valid CHL or not. However, that's all he can do unless I'm doing something else obviously illegal; numerous courts in OC states have said that OC is not, in and of itself, reasonable articulable suspicion that a person has committed, is committing, or will commit any crime. Stopping a person who is OCing and asking them to show their CHL is like stopping a person driving down the road and asking for their driver's license just to make them prove they have it.
Although I'm not proud to admit it, there would be some circumstances that, if offered in the right combination, would be attractive enough that I'd consider licensed OC. However, most are unlikely to come about. All of these assume that a CHL would allow you to carry openly or concealed:
* Substantially reduce the fees required for a new CHL. $140 is totally onerous; most other states charge $100 or less, and many charge $50 or less. Only Colorado's and Arkansas' license fees and other costs are comparable (and Colorado's is a five-year license), and only California's app fee is more expensive (mainly as a deterrent). Indiana charges less than that ($125) for a LIFETIME carry permit.
* Guarantee that, if not disqualified after 60 days, a CHL applicant will be able to carry until a final decision is made. Many states use some part of the application as a temporary permit or direct the issuing body to mail a temporary permit after the deadline. As some Texas applications are not even being OPENED 60 days after arriving at the DPS, the former would probably be the only way.
* Allow CHL applications to be processed at any DPS driver license office. Any and all delays involving fingerprints, photos, application information, etc will be drastically reduced if not eliminated when the DPS clerk can immediately recognize and correct a problem. Issuance of a temporary license after a NICS check would be similar to a driver license; the plastic would then show up pending the FBI check.
* Substantially increase the number of places a CHL can take their weapon. Statutorily protect CHL carry into non-secure areas of airports, and repeal bans on concealed carry at professional sporting events and all publicly-funded places of education, from K-12 schools to colleges.
* Remove signage as effective notice of 30.06 trespassing. Only failure to heed a direct verbal request to leave by a person with lawful control of the property would constitute criminal trespass in a place not statutorily barred.
* Protect carry on the job by making it wrongful termination to fire a person for legally carrying a concealed handgun. As Texas is one of the most "at-will employment" states in the Union (only civil rights violations, failure to perform an illegal act, and failure of a TABC-certified server to serve alcohol to a customer are specifically grounds for civil suit), this one is EXTREMELY unlikely.
No doubt Austin's Finest would descend on me in short order. 
I don't think they would take kindly to my explanation that I was there to help thin out the grackle population. But at least I would get my own padded room if I told them that. 
