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Old 05-09-2014, 03:27 PM
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ISCS Yoda ISCS Yoda is offline
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Default Texas rules explained

I will ignore the ad hominem side of this discussion. Y'all need to chill, that's all I'll say.
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Rule 1 - the accidental revelation of a handgun that was concealed legally by a CHL holder is no longer grounds for arrest. Texas changed that a couple of years ago.
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Rule 2 - Texas has long had open carry under certain exceptions to its general rule that no handgun can be carried.
First, start off understanding that there is no general open carry in Texas and has not been for a very long time. The statute, in pertinent part, reads as follows:

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, ... if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or


......
That's where start.

Then you get to this, also in pertinent part:

Sec. 46.15. NONAPPLICABILITY.

(a) Sections 46.02 and 46.03 do not apply to:



(B) authorized to carry a weapon under Section 76.0051, Government Code;



(b) Section 46.02 does not apply to a person who:



(2) is traveling;

(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;


(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;

The bright red text defines the current law that allows open carry. Those are basically defenses to prosecution, however, they are not full permission to open carry. I have often open carried while hunting, for instance, even though I was also carrying a rifle.

"Traveling" is not defined in the statute. A lot of old timers, probably some younguns, too, think it means crossing through a couple of counties. It does not. It has been defined in case law by the courts as staying out overnight. Why? Because it's OLD LAW and back in the day you always stayed out at night if you traveled anywhere because after a certain distance you and your horse were NOT making it back home before dark. Again, it is a defense to prosecution only, not full permission to open carry.

Someone wondered about the "old days". Well, besides the inability to go anywhere and not stay out overnight, wearing a gun openly was the norm, even though lots of towns had ordinances prohibiting the practice. Think about all those movies and TV shows where the marshal or sheriff has guys leaving their guns in their hotels or in the lawman's office - this was also a common practice but probably often disregarded. That didn't make it legal.

So, that's just a quick summary of the current state of the law in Texas in re open carry. We don't need open carry in Texas to save the poor CHL holder whose firearm is accidentally exposed.

Whether we need it at all is a whole nuthuh smoke, my friends, and I'll discuss that at some other time.

***GRJ***
CHL Holder/Instructor
Level III Combined Instructor
Lawyer

The credentials are added solely to evidence that I have a modicum of experience in such matters. No brag; just fact.
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