TexasCHLforum.com

Thank you :)

jamminbutter wrote:Conference committee report is posted... http://www.lrl.state.tx.us/scanned/84cc ... navpanes=0" onclick="window.open(this.href);return false;

page 29 line 27 is what I want :)
(PDF says Page 31, but it's Page 29 on the document itself)

Class C

(I'm having flashbacks of pre-retirement deposition summarizing looking at that)

I did not agree with the amendment. But as a former LEO, it had a loop hole that even a Rookie would have recognized and been able to work around.

So, I have a question now that it looks like we may get OC without the Huffines/Dutton.
I am walking down the street, pistol in a holster on my hip, I have a CHL and am Open Carrying, and just walking, minding my own business. Can a cop come up and ask for my license? Would I legally have to give it to him? Can I tell him no, that I have a CHL but don't wish to give it to him, that it's included in the 4th amendment? I know that the penal code says that I must produce my license if I am concealed carrying, just wondering how all this would go with OC.
Thanks.

Per the report, near the bottom. No equivalent provision is referring to the Hamilton and Dutton amendments from the house and senate versions.

SECTIONS 1 -28. Same as House version.
No equivalent provision.
[The conference committee may have exceeded the limitations
imposed on its jurisdiction, but only the presiding officer can
make the final determination on this issue.}
SECTIONS 29 - 53. Same as House version.

Pick your battles carefully.

thechl wrote:

Charles L. Cotton wrote:

thechl wrote:Didn't we just celebrate the passing of SB273? Isn't that a bill that merely reiterates current Texas law, but then adds a penalty because municipalities are ignoring that law with impunity?

Not really. There has never been a prohibition on governmental entities posting 30.06 signs; they were simply unenforceable. Now it is unlawful to do so.

Chas.

This site has been an enormously educational resource that I have enjoyed over the last three legislative sessions. Thank you, not only for the website, but also for the insight you freely share.

And thank you to all the members here who also share their knowledge, wit and frustration, usually with decorum.

I second that. I just joined today. Been reading it a bit for the last week. Most of the last 30-45 day that I have been watching the legislature I've been on another forum. It was very informative but I have picked up some insight here that has rounded out my understanding of what is going on with HB910 and SB11.

Since I just popped up out of nowhere let me say that I live in Austin and I've had a CHL since it's early days.

<deleted>

Ruark wrote:

jamminbutter wrote:Conference committee report is posted... http://www.lrl.state.tx.us/scanned/84cc ... navpanes=0" onclick="window.open(this.href);return false;

Cripes. 46 pages. Gimme a minnit.............

Page 43 sums it up

locke_n_load wrote:So, I have a question now that it looks like we may get OC without the Huffines/Dutton.
I am walking down the street, pistol in a holster on my hip, I have a CHL and am Open Carrying, and just walking, minding my own business. Can a cop come up and ask for my license? Would I legally have to give it to him? Can I tell him no, that I have a CHL but don't wish to give it to him, that it's included in the 4th amendment? I know that the penal code says that I must produce my license if I am concealed carrying, just wondering how all this would go with OC.
Thanks.

Could you tell him to take a hike? Yeah. Would he make your night bad? Maybe. Could you turn around and say your rights were violated? Probably. Should he just ask you because you are legally carrying a weapon openly if HB910 passes? No.

I'm new to watching the legislature in detail, I may wish I never started.

Unfortunately most Texans feel that while they know something is going on in Austin, every two years, it's better out of sight, out of mind. This feeling prevails until it's your particular ox being gored.

locke_n_load wrote:So, I have a question now that it looks like we may get OC without the Huffines/Dutton.
I am walking down the street, pistol in a holster on my hip, I have a CHL and am Open Carrying, and just walking, minding my own business. Can a cop come up and ask for my license? Would I legally have to give it to him? Can I tell him no, that I have a CHL but don't wish to give it to him, that it's included in the 4th amendment? I know that the penal code says that I must produce my license if I am concealed carrying, just wondering how all this would go with OC.
Thanks.

I would ask the officer politely if I am violating any laws, and if not, I would ask can I now leave? that is all I would say, over and over. Video will be good to have. We know it will happen. I think if it happens often, lawsuits will remedy the issue. If courts don't rule in the favor of the person carrying the gun, then there is the answer. Cops can do what you are hypothetically proposing.

ATX117 wrote:

thechl wrote:

Charles L. Cotton wrote:

thechl wrote:Didn't we just celebrate the passing of SB273? Isn't that a bill that merely reiterates current Texas law, but then adds a penalty because municipalities are ignoring that law with impunity?

Not really. There has never been a prohibition on governmental entities posting 30.06 signs; they were simply unenforceable. Now it is unlawful to do so.

Chas.

This site has been an enormously educational resource that I have enjoyed over the last three legislative sessions. Thank you, not only for the website, but also for the insight you freely share.

And thank you to all the members here who also share their knowledge, wit and frustration, usually with decorum.

I second that. I just joined today. Been reading it a bit for the last week. Most of the last 30-45 day that I have been watching the legislature I've been on another forum. It was very informative but I have picked up some insight here that has rounded out my understanding of what is going on with HB910 and SB11.

Since I just popped up out of nowhere let me say that I live in Austin and I've had a CHL since it's early days.

Same here...this is the first session I've followed closely and this forum, and Charles in particular, have been better than any Civics class in high school could ever hope for. it's been highly educational into the inner workings of our state government. I don't comment much because I found I learn more with my mind open and my mouth shut.

locke_n_load wrote:So, I have a question now that it looks like we may get OC without the Huffines/Dutton.
I am walking down the street, pistol in a holster on my hip, I have a CHL and am Open Carrying, and just walking, minding my own business. Can a cop come up and ask for my license? Would I legally have to give it to him? Can I tell him no, that I have a CHL but don't wish to give it to him, that it's included in the 4th amendment? I know that the penal code says that I must produce my license if I am concealed carrying, just wondering how all this would go with OC.
Thanks.

My understanding is that the law is the law whether or not it is repeatedly defined in each and every law passed. A person minding his own business and not breaking any laws should not be stopped by LEOs just to see if he is really not breaking the law. The amendments were just a reminder to liberal cities, counties and law enforcement official that they cannot make open carry uncomfortable to the law abiding citizen by LEO harassment. Whether or not this is physically written in the bill, it is still the law. The amendments were just a repeat of a law that is already in force. I am not an attorney nor is this legal advise just my opinion.

This is my hope........'

As Charles said, something like, they can send it back for a second vote......

I feel this is a pause on the legislatures' part to demonstrate their due diligence to LEO community to seek the proper answers. And in the long run, if it still can, go back for a second vote and PASS.

As a retired state employee who answered requests from the legislature during numerous sessions in my 33 years employment, never underestimate the powers and craftiness of a politician. That's my hope and opinion...........

Thanks CHARLES! Either way, its been a hard fought battle. Let's finish it!

twomillenium wrote:

locke_n_load wrote:So, I have a question now that it looks like we may get OC without the Huffines/Dutton.
I am walking down the street, pistol in a holster on my hip......

My understanding is that the law is the law whether or not it is repeatedly defined in each and every law passed. A person minding his own business and not breaking any laws should not be stopped by LEOs just to see if he is really not breaking the law.

What "should" not happen and what DOES happen are two different things. It appears that a HUGE number of LEOs out there believe that this amendment was the only thing that stood between them and investigatory stops. That's why they were so hysterical about it. Now that the amendment's been removed, I assume most of them will now think, "hey, it didn't pass, so it's OK to stop'em." And a lot of them will. Sure, many LEOs are decent people, but there are more than a few jerks out there wearing badges. Those guys are going to relish this legislative "green light."