TexasCHLforum.com

PATHFINDER wrote:With the McDonald decision the SCOTUS "incorporated" the 2A as also applying to acts of infringement by the states.
This means that the WHOLE of Texas firearm law now must INCLUDE RECOGNITION of the INCORPORATED 2A protected substantive fundamental right to carry a handgun on or about ones' person for the purpose of self-defense. According to the SCOTUS a state may still restrict concealed carry of a handgun as a licensed privilege, prohibit firearm possession based upon the existence of a felony criminal record, or mental instability, and restrict firearm carry in specified sensitive locations, but criminalization of handgun carry under the provision of Section 46.02 (a) is no longer constitutionally enforceable. Incorporation of the 2A is the FINAL EXCEPTION - added to a long list of existing exceptions - that for all purposes renders 46.02(a) null and void.

You may be seeing a lot more citizens in "civies" publicly wearing holstered handguns in Texas. Not long ago, I saw one in the Golden Corral in Burleson, Texas. He was casually dressed in a golf shirt, slacks, and a nice wool casual sport coat. The handgun - a Glock , I believe - was briefly visible when he hung his coat on the back of his chair and sat down to eat. I didn't see a badge , and there was no call for a "badge check" to be in order. If such a person has a badge - they aren't obliged to produce it unless they are acting in official capacity.

Many are awaiting further "guidance" from the Legislature, the AG, or the courts. Well, The SCOTUS IS THE COURTS, and by way of the majority opinion in McDonald - the Supreme Court has spoken. The Court has affirmed your right to bear arms (including handguns)in case of confrontation. The SCOTUS is not going to publish a comprehensive , concise edition of 2A handgun carry law for Texas that will be available in paper-back any time soon. Texas' notorious 46.02(a) and 46.035(a) are now unconstitutional provisions of law. Don't hold your breath waiting for the Texas Legislature to enact a provision of law expressly "allowing for the carry of a handgun in plain view"-that probably won't happen . The PEOPLE are going to have to lead on this one, and IT WILL HAPPEN -over a span of time because that's how cultural change occurs.

2. Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose:...

...Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home.

...Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement.

PATHFINDER wrote:With the McDonald decision the SCOTUS "incorporated" the 2A as also applying to acts of infringement by the states.
This means that the WHOLE of Texas firearm law now must INCLUDE RECOGNITION of the INCORPORATED 2A protected substantive fundamental right to carry a handgun on or about ones' person for the purpose of self-defense. According to the SCOTUS a state may still restrict concealed carry of a handgun as a licensed privilege, prohibit firearm possession based upon the existence of a felony criminal record, or mental instability, and restrict firearm carry in specified sensitive locations, but criminalization of handgun carry under the provision of Section 46.02 (a) is no longer constitutionally enforceable. Incorporation of the 2A is the FINAL EXCEPTION - added to a long list of existing exceptions - that for all purposes renders 46.02(a) null and void.
You may be seeing a lot more citizens in "civies" publicly wearing holstered handguns in Texas. Not long ago, I saw one in the Golden Corral in Burleson, Texas. He was casually dressed in a golf shirt, slacks, and a nice wool casual sport coat. The handgun - a Glock , I believe - was briefly visible when he hung his coat on the back of his chair and sat down to eat. I didn't see a badge , and there was no call for a "badge check" to be in order. If such a person has a badge - they aren't obliged to produce it unless they are acting in official capacity.

Many are awaiting further "guidance" from the Legislature, the AG, or the courts. Well, The SCOTUS IS THE COURTS, and by way of the majority opinion in McDonald - the Supreme Court has spoken. The Court has affirmed your right to bear arms (including handguns)in case of confrontation. The SCOTUS is not going to publish a comprehensive , concise edition of 2A handgun carry law for Texas that will be available in paper-back any time soon. Texas' notorious 46.02(a) and 46.035(a) are now unconstitutional provisions of law. Don't hold your breath waiting for the Texas Legislature to enact a provision of law expressly "allowing for the carry of a handgun in plain view"-that probably won't happen . The PEOPLE are going to have to lead on this one, and IT WILL HAPPEN -over a span of time because that's how cultural change occurs.

jdh2580 wrote:I was at Jax Grill yesterday. The men that she was speaking of were leaving as I was going in. They all were wearing badges and some had department ID's on lanyards around their necks. Their were various badges, the ones that I recognized where Harris County SO. So they were most definitely legally carrying.

jdh2580 wrote:I was at Jax Grill yesterday. The men that she was speaking of were leaving as I was going in. They all were wearing badges and some had department ID's on lanyards around their necks. Their were various badges, the ones that I recognized where Harris County SO. So they were most definitely legally carrying.

Katygunnut wrote:

jdh2580 wrote:I was at Jax Grill yesterday. The men that she was speaking of were leaving as I was going in. They all were wearing badges and some had department ID's on lanyards around their necks. Their were various badges, the ones that I recognized where Harris County SO. So they were most definitely legally carrying.

That confirms my suspicion that she wasn't looking too closely. I'll have to give her a hard time for not paying better attention.

If this is a typical crowd, then that is definitely a safe place to eat.