Open carry legislation

[pistoleer44]

Does anybody know if the open carry bill has been introduced and if so, what chace does it have to pass?

[Charles L. Cotton]

Nothing has been introduced yet, but Rep. Riddle is working on a bill. I'll leave it to others to estimate it's chances of passage this session.

Chas.

[codecowboy]

I can only wish. Open carry is not for me, but I would like the opportunity and not have to be so concerned as to whether my shirt rides up over my weapon.

[pistoleer44]

I can only wish. Open carry is not for me, but I would like the opportunity and not have to be so concerned as to whether my shirt rides up over my weapon.

Same here. I suspect I would open carry only on extremly rare occasions, but like a lot of us, I am always concerned about the pistol holster showing.

[anygunanywhere]

Why are you ao worried? If your holster peeks or if the wind blows exposinig your handgun it is not illegal. Intentionally failing to conceal is illegal. Showing your handgun to threaten someone would be illegal. A pantywetter seeing the bottom inch of your hoplster and screaming is not illegal. People really do not care or notice.

Anygunanywhere

[Charles L. Cotton]

Accidental exposure of a handgun by a CHL is not unlawful. This is one of the fallacies repeatedly cited as a reason to support open-carry. Support open-carry if you will, but don't base that support on scare tactics.

Chas.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

[PArrow]

Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

That's one of the parts that bother me. What is considered concealed? If you can see the outline of my gun through my shirt is it concealed? If it's in a shoulder holster with my jacket open and someone gets a peek is it concealed?

[Charles L. Cotton]

Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

That's one of the parts that bother me. What is considered concealed? If you can see the outline of my gun through my shirt is it concealed? If it's in a shoulder holster with my jacket open and someone gets a peek is it concealed?

A bulge under your shirt is not "printing" and does not violate §46.035(a). If your shirt is so tight that the outline of a gun is "openly discernible to the ordinary observation of a reasonable person" (not a LEO), then your gun is not concealed and I think claiming it wasn't "intentional" is going to be difficult to sell.

If you carry your gun in a shoulder holster and don't button it and it hangs open, as most coats will using a shoulder holster, then you have violated §46.035(a).

Chas.

SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUN
Sec.A411.171.AADEFINITIONS.A In this subchapter:
. . .

(3)"Concealed handgun" means a handgun, the presence of which is not openly discernible to the ordinary observation of a
reasonable person.

[Fangs]

Someone mentioned before, there have only been two cases where a CHL got convicted of intentionally failing to conceal... both CHLers made some pretty bad decisions. I believe one placed the gun on his dash to threaten someone, and the other allegedly flashed it at some kids whose mother had parked in his spot. This guy used some condemning language too.

All in all, I'm not too worried about being made. If someone sees something, besides getting jumped by LEOs while eating some tasty tacos, and having to explain that you have a CHL, you probably won't have too much hassel.

Correct me if I'm wrong.

[treeman]

In regard to the anticipated open-carry legislation that may be filed, I am somewhat concerned that the timing is such that it may do more harm than good for concealed carry or any other carry. There are things in the current concealed carry law I would rather see clarified (i.e. parking lots - workplace or otherwise). My other concern is that if "open carry" is pushed through, many businesses that currently don't post (possibly because they really don't thnk about it or realize that people really do carry firearms) will start posting because of the potential for one open-carry upsetting their anti-gun costomer that otherwise wouldn't have had a clue who had a weapon. Just my 2 cents.

[TDDude]

I am 100% for open carry because it would go a long way to strengthening the 2nd ammendment.

I probably wouln't open carry but it would be nice to be able to take my jacket off when it doesn't stay as cold as it was supposed to that day.

[hoss4570]

Well, heres where I'm confused, would the bill alow those of us who are permitted to carry open or concealed?? Or anybody who can lawfully own a gun to carry open??? I would be all for open carry for permit holders only. Hey, if you want to carry, get permitted.

[LarryH]

Well, heres where I'm confused, would the bill alow those of us who are permitted to carry open or concealed?? Or anybody who can lawfully own a gun to carry open??? I would be all for open carry for permit holders only. Hey, if you want to carry, get permitted.

The answer to those questions would depend on the form of the bill as passed/signed.

[CJATE]

concern is that if "open carry" is pushed through, many businesses that currently don't post (possibly because they really don't thnk about it or realize that people really do carry firearms) will start posting because of the potential for one open-carry upsetting their anti-gun costomer that otherwise wouldn't have had a clue who had a weapon. Just my 2 cents.

+1, I like it under the radar as it is now,


my open carry question is this: how does one open carry in winter, when it's legitimist jacket weather (you know, that 3 or 4 days a year).

I dare say never, but I don’t see why I ever would OC. Why would you want that kind of attention?

[DEADEYE1964]

I moved back to Texas from Arizona, they have open carry there. I have a carry permit in Arizona because I prefer to carry concealed. The reason I like open carry is I think it is a big deterrent, you would not carjack someone if you thought the chances of them having a gun is pretty good, correct ? I know a lot of people think if you carry open you become a target for the bad guys because you are a threat to the BG,it is possible but think of this. In Arizona where there is open carry, I saw very few people actually carrying on the hip,most just were not real concerned about total concealment. Remember, bad guys do not care about the law,open,comcealed, they do not care, they are going to do what they want.Another reason I like open carry is I believe an armed society is a safer society. Believe it or not, Texas is a very hard palce to get a concealed carry permit, the crazy red tape, the ridiculous long wait times, there are a lot of people who do not want to jump through the hoops to get a permit and these are good people who can qualify for a permit, just like me or you. Another example, I had my Texas carry permit in Texas for years, I moved to Arizona in 2004, I had to surrender my Texas CHL, per Texas law because I moved out of state. I obtained my Arizona Permit and have it currently. I moved back to Texas in 2008 and had to re-apply for my Texas CHL, go through all the hoops even though I have a current Arizona carry permit, a state that Texas reciprocates with, go figure. I just renewed my Arizona permit( now non-resident), I send in 43.00 and I am good for another 5 years. Here in Texas you have to go through the whole process again minus a few hours of classroom for a renewal, it does not make sense. If you have had any issues with the law( that would affect CHL status), they will come and see you. So yes, I am for open carry, I wish every capable and law obeying citizen would strap on a gun, I would bet crime would go down.